LD 1498
pg. 2
Page 1 of 4 PUBLIC Law Chapter 503 Page 3 of 4
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LR 1962
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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.

 
Sec. 2. 15 MRSA §3314, sub-§2, as amended by PL 2001, c. 696, §5, is
further amended to read:

 
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.

 
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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