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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 whether continuation in the juvenile's | home would be contrary to the welfare of the juvenile.__This | determination does not affect whether the court orders a commitment | for a period of detention. |
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| | Sec. 2. 15 MRSA §3314, sub-§2, as amended by PL 2001, c. 696, §5, is | further amended to read: |
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| | 2. Suspended disposition. The court may impose any of the | dispositional alternatives provided in subsection 1 and may | suspend its disposition and place the juvenile on a specified | period of probation that is subject to such provisions of Title | 17-A, section 1204 as the court may order and that is | administered pursuant to the provisions of Title 34-A, chapter 5, | subchapter IV 4, except that the court may not impose the | condition set out in Title 17-A, section 1204, subsection 1-A. | The court may impose as a condition of probation that a juvenile | must reside outside the juvenile's home in a setting satisfactory | to the juvenile community corrections officer if the court | determines 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. Imposition of such a condition does not affect the | legal custody of the juvenile. |
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| Modification of probation is governed by the procedures contained | in Title 17-A, section 1202, subsection 2. Termination of | probation is governed by the procedures contained in Title 17-A, | section 1202, subsection 3. Revocation of probation is governed | by the procedures contained in Title 17-A, sections 1205, 1205-B, | 1205-C and 1206, except that the provisions of those sections | requiring a preliminary hearing do not apply and those provisions | of Title 17-A, section 1206, subsection 7-A allowing a vacating | of part of the suspension of execution apply only to a | disposition under subsection 1, paragraph G or H; however, a | disposition under subsection 1, paragraph F may be modified to a | disposition under subsection 1, paragraph H. Whenever a | revocation of probation results in the imposition of a | disposition under subsection 1, paragraph F or a period of | detention under subsection 1, paragraph H, the court shall | determine whether 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 whether continuation |
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