LD 1498
pg. 3
Page 2 of 3 An Act To Improve Access by the Department of Corrections to Federal Funds unde... LD 1498 Title Page
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LR 1962
Item 1

 
Sec. 3. 15 MRSA §3315, sub-§3, as amended by PL 1999, c. 260, Pt. A,
§10, is further amended to read:

 
3. Court review of determination. Whenever a court makes a
determination pursuant to section 3314, subsection 1,
paragraph F or section 3314, subsection 2 that reasonable
efforts have been made to prevent or eliminate the need for
removal of the juvenile from the juvenile's home or that no
reasonable efforts are necessary because of the existence of
an aggravating factor as defined in Title 22, section 4002,
subsection 1-B and that continuation in the juvenile's home
would be contrary to the welfare of the juvenile, that
determination must be reviewed by the court not less than once
every 12 months until the juvenile is discharged or no longer
residing outside the juvenile's home or attains 18 years of
age. This review does not affect a juvenile's commitment to a
Department of Corrections juvenile correctional facility.

 
SUMMARY

 
This bill amends the Maine Revised Statutes, Title 15,
section 3314, subsection 1, paragraph H so that when a
juvenile is given a "shock" sentence, or 30-day short term
sentence, the court must make the reasonable-efforts
determination required for federal funding under Title IV-E of
the Social Security Act. This bill also amends Title 15,
section 3314, subsection 2 to add a provision so that whenever
a probation revocation results in a juvenile's being committed
to a department facility, whether for an indeterminate time or
for a "shock" sentence, the court must make the reasonable-
efforts determination required for federal funding under Title
IV-E of the Social Security Act. Similarly, Title 15, section
3314 is amended so that the determination is made whenever a
court orders continued detention pending a probation
revocation. Compliance with the requirements of Title IV-E is
necessary to receive federal funds for juveniles who are
placed outside of their homes. Finally, this bill amends
Title 15, section 3315, subsection 3 to end the reviews of
these reasonable-efforts determinations once a juvenile
reaches 18 years of age, when eligibility for federal funding
ceases.


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