15 §3318. Mentally ill or incapacitated juveniles - Maine Statutes

Title 15: COURT PROCEDURE -- CRIMINAL

Part 6: MAINE JUVENILE CODE

Chapter 507: PETITION, ADJUDICATION AND DISPOSITION

§3318. Mentally ill or incapacitated juveniles

1. Suspension of proceedings. If it appears that a juvenile may be a mentally ill person, as defined in Title 34-B, section 3801, subsection 5, or an incapacitated person, as defined in Title 34-B, section 5001, subsection 2, the court shall suspend the proceedings on the petition and shall either:

A. Initiate proceedings for voluntary or involuntary commitments as provided in Title 34-B, sections 3831 and 3863; or [2001, c. 471, Pt. F, §3 (AMD).]

B. Order that the juvenile be examined by a physician or psychologist and refer the juvenile to a suitable facility or program for the purpose of examination, the costs of that examination to be paid by the court. If the report of that examination is that the juvenile is mentally ill or incapacitated to the extent that short-term or long-term hospitalization or institutional confinement is required, the Juvenile Court shall initiate proceedings for voluntary or involuntary commitment as provided in section 101-D and in Title 34-B, chapter 3, subchapter 4. The court shall continue the proceedings when a juvenile is voluntarily or involuntarily committed. [2009, c. 268, §6 (AMD).]

[ 2009, c. 268, §6 (AMD) .]

2. Resumption of proceedings. The court shall set a time for resuming the proceeding when:

A. The report of the examination made pursuant to subsection 1, paragraph B states that the child is not mentally ill or incapacitated to the extent that short-term or long-term hospitalization or institutional confinement is required; or [1977, c. 520, §1 (NEW).]

B. The child is not found by the appropriate court to be a mentally ill person or an incapacitated person as defined in section 101-D and in Title 34-B, section 5001. [2009, c. 268, §7 (AMD).]

[ 2009, c. 268, §7 (AMD) .]

SECTION HISTORY

1977, c. 520, §1 (NEW). 1977, c. 664, §§42,43 (AMD). 1987, c. 402, §§A113,A114 (AMD). 1989, c. 621, §8 (AMD). 2001, c. 471, §F3 (AMD). 2009, c. 268, §§6, 7 (AMD).