| Be it enacted by the People of the State of Maine as follows: |
|
| | Sec. 1. 15 MRSA §3315, sub-§1, as amended by PL 2001, c. 696, §6 and | PL 2003, c. 689, Pt. B, §6, is further amended to read: |
|
| | 1. Right to review. Every disposition pursuant to section | 3314, other than unconditional discharge, must be reviewed not | less than once in every 12 6 months until the juvenile is | discharged. The review must be made by a representative of the | Department of Corrections unless the juvenile was committed to | the Department of Health and Human Services, in which case such | review must be made by a representative of the Department of | Health and Human Services. A report of the review must be made in | writing to the juvenile's parents, guardian or legal custodian. A | copy of the report must be forwarded to the program or programs | that were reviewed, and the department whose personnel made the | review shall retain a copy of the report in their its files. The | written report must be prepared in accordance with subsection 2. | When a juvenile is placed in the custody of the Department of | Health and Human Services, reviews and permanency planning | hearings must be conducted in accordance with Title 22, section | 4038. Title 22, sections 4005, 4039 and 4041 also apply. |
|
| | Sec. 2. 15 MRSA §3315, sub-§4 is enacted to read: |
|
| | 4.__Juvenile committed to a correctional facility.__Whenever a | juvenile is committed to the custody of the Department of | Corrections pursuant to section 3314, subsection 1, paragraph F, | the court shall appoint a guardian ad litem to represent the | juvenile and shall set a date for review of that commitment.__The | date for review may be no more than 6 months from the date of the | commitment and subsequent reviews must be held at least every 6 | months until the juvenile is no longer placed in a correctional | facility.__If a juvenile is released from the correctional | facility and then returned on an aftercare violation, a review | must be held within 3 months of the date of the return.__The | purpose of these reviews is to determine whether reasonable | efforts have been made to eliminate the need for removal of the | juvenile from the juvenile's home and whether the Department of | Corrections has met its statutory obligations pursuant to Title | 34-A. |
|
| The initial review must consist of a review of the report | prepared by the guardian ad litem for the juvenile.__The guardian | ad litem for the juvenile shall prepare and submit that report to | the court, with a copy to the District Attorney and a copy to the | Attorney General, 7 days in advance of the review date set by the | court.__The District Attorney and the Attorney General may file a | written response with the court.__The guardian ad litem for the |
|
|