Maine
| Code | Subject Matter |
| Code § 3001 | Juvenile Code: Title |
| Code § 3002 | Juvenile Code: Purposes and construction |
| Code § 3003 | Juvenile Code: Definitions |
| Code § 3008 | Juvenile Code: Dissemination of education records of preadjudicated juveniles |
| Code § 3009 | Juvenile Code: Information related to reintegration of juvenile into school |
| Code § 3203-A | Juvenile Code: Arrested juveniles; release; detention; notification |
| Code § 3301-A | Juvenile Code: School safety |
| Code § 3307 | Juvenile Code: Publicity and record |
| Code § 3308 | Juvenile Code: Court records; inspection |
| Code § 6001 | Student Records; Dissemination of information |
| Code § 6001-A | Parental access to information on school activities |
| Code § 6001-B | Transfer of education records |
TITLE 15. COURT PROCEDURE--CRIMINAL
PART 6. MAINE JUVENILE CODE
CHAPTER 501. GENERAL PROVISIONS
15 M.R.S. § 3001 (2009)
This Part shall be known and may be cited as the Maine Juvenile Code.
§ 3002. Purposes and construction
1. PURPOSES. The purposes of this Part are:
A. To secure for each juvenile subject to these provisions
such care and guidance, preferably in the
juvenile's own home,
as will best serve the juvenile's welfare and the interests of
society;
B. To preserve and strengthen family ties whenever
possible, including improvement of home environment;
C. To remove a juvenile from the custody of the juvenile's
parents only when the juvenile's welfare and
safety or the
protection of the public would otherwise be endangered or, when necessary,
to punish a
child adjudicated, pursuant to chapter 507, as having
committed a juvenile crime;
D. To secure for any juvenile removed from the custody
of the juvenile's parents the necessary treatment,
care,
guidance and discipline to assist that juvenile in becoming a responsible
and productive
member of society;
E. To provide procedures through which the provisions
of the law are executed and enforced and that ensure
that the parties
receive fair hearings at which their rights as citizens are recognized
and protected; and
F. To provide consequences, which may include those
of a punitive nature, for repeated serious criminal
behavior or
repeated violations of probation conditions.
2. CONSTRUCTION. To carry out these purposes, the provisions of
this Part shall be liberally construed.
As used in this Part, unless the context otherwise indicates,
the following words and phrases shall have the following meanings.
1. ADJUDICATORY HEARING. "Adjudicatory hearing" means
a hearing to determine whether the allegations of a petition under chapter
507 are supported by evidence beyond a reasonable doubt.
2. ADULT. "Adult" means a person 18 years of age or
over.
2-A. ATTENDANT; ATTENDANT CARE. "Attendant" means an
agent of a county sheriff or of the Department of Corrections who is authorized
to provide temporary supervision of a juvenile alleged to have committed a
juvenile crime or of a juvenile adjudicated as having committed a juvenile
crime when supervision is appropriate as an interim measure pending the completion
of a procedure authorized by law to be taken in regard to such juvenile. Supervision
must be exercised during that period beginning with receipt of the juvenile
by the attendant and ending upon the release of the juvenile to the juvenile's
legal custodian or other responsible adult. This supervision constitutes "attendant
care." Attendant care may not be ordered by the juvenile court except
with the consent of the county sheriff or the Department of Corrections.
3. BIND OVER HEARING. "Bind over hearing" means a hearing
at which the Juvenile Court determines whether or not to permit the State to
proceed against a juvenile as if he were an adult.
4. COMMIT. "Commit" means to transfer legal custody.
4-A. DIAGNOSTIC EVALUATION. "Diagnostic evaluation" means
an examination of a juvenile, to assess the risks the juvenile may pose and
determine the needs the juvenile may have, which may include, but is not limited
to, educational, vocational or psychosocial evaluations, psychometric testing
and psychological, psychiatric or medical examinations, which may take place
on either a residential or a nonresidential basis.
4-B. DETENTION. "Detention" means the holding of a
person in a facility characterized by either physically restrictive construction
or intensive staff supervision that is intended to prevent a person who is
placed in or admitted to the facility from departing at will.
5. DISPOSITIONAL HEARING. "Dispositional hearing" means
a hearing to determine what order of disposition should be made concerning
a juvenile who has been adjudicated as having committed a juvenile crime.
6. EMANCIPATION. "Emancipation" means the release of
a juvenile from the legal control of his parents.
7. FACILITY. "Facility" means any physical structure.
8. GUARDIAN. "Guardian" means a person lawfully invested
with the power, and charged with the duty, of taking care of the person and
managing the property and rights of another person, who, because of age, is
considered incapable of administering his own affairs.
9. HE. "He" means, where appropriate, "she" or
an organization.
10. INFORMAL ADJUSTMENT. "Informal adjustment" means
a voluntary arrangement between a juvenile community corrections officer and
a juvenile referred to the officer that provides sufficient basis for a decision
by the juvenile community corrections officer not to file a petition under
chapter 507.
11. REPEALED. 1977, c. 664, § 3, eff. March 21, 1978.
12. REPEALED. 1985, c. 439, § 3.
13. INTERIM CARE. "Interim care" means the status of
temporary physical control of a juvenile by a person authorized by section
3501.
14. JUVENILE. "Juvenile" means any person who has not
attained the age of 18 years.
14-A. JUVENILE ARREST. "Juvenile arrest" means the taking
of an accused juvenile into custody in conformance with the law governing the
arrest of persons believed to have committed a crime.
14-B. JUVENILE COMMUNITY CORRECTIONS OFFICER. "Juvenile community
corrections officer" means an agent of the Department of Corrections authorized:
A. To perform juvenile probation functions;
B. To provide appropriate services to juveniles committed
to a Department of Corrections juvenile correctional
facility who are on leave or in the community on community
reintegration; and
C. To perform all community corrections officer functions
established by this Part for a juvenile alleged
to have committed
a juvenile crime.
15. JUVENILE COURT. "Juvenile Court" means the District
Court exercising the jurisdiction conferred by section 3101.
16. JUVENILE CRIME. "Juvenile crime" has the meaning
set forth in section 3103.
17. LAW ENFORCEMENT OFFICER. "Law enforcement officer" means
any person who by virtue of public employment is vested by law with a duty
to maintain public order, to prosecute offenders, to make arrests for crimes,
whether that duty extends to all crimes or is limited to specific crimes, to
perform probation functions or to perform intensive supervision functions.
18. LEGAL CUSTODIAN. "Legal custodian" means a person
who has legal custody of a juvenile.
19. LEGAL CUSTODY. "Legal custody" means the right
to the care, custody and control of a juvenile and the duty to provide food,
clothing, shelter, ordinary medical care, education and discipline for a juvenile,
and, in an emergency, to authorize surgery or other extraordinary care.
20. ORGANIZATION. "Organization" means a corporation,
partnership or unincorporated association.
21. PARENT. "Parent" means either a natural parent
or the adoptive parent of a juvenile.
22. PERSON. "Person" means a human being or an organization.
23. PROBATION. "Probation" means a legal status created
by court order in cases involving a juvenile adjudicated as having committed
a juvenile crime, which permits the juvenile to remain in his own home or other
placement designated by the Juvenile Court subject to revocation for violation
of any condition imposed by the court.
24. REPEALED. 1985, c. 439, § 5.
24-A. SECURE DETENTION FACILITY. "Secure detention facility" means
a facility characterized by physically restrictive construction that is intended
to prevent a person who is placed in or admitted to the facility from departing
at will.
25. SHELTER. "Shelter" means the temporary care of
a juvenile in physically unrestricting facilities.
26. TEMPORARY HOLDING RESOURCE. "Temporary holding resource" means
an area not in a jail or other secure detention facility intended or primarily
used for the detention of adults that may be used to provide secure supervision
for a juvenile for a period not to exceed 72 hours, excluding Saturday, Sunday
and legal holidays, pending the completion of a procedure authorized by law
to be taken in regard to a juvenile. Security is provided by intense personal
supervision rather than by the physical characteristics of the facility.
27. TEMPORARY SUPERVISION. "Temporary supervision" means
that supervision provided by an attendant delivering attendant care as defined
in subsection 2-A.
§ 3008. Dissemination of education records of preadjudicated juveniles
Pursuant to Title 20-A, section 6001, schools may distribute education records of preadjudicated juveniles to criminal justice agencies or agencies that by court order or agreement of the juvenile are responsible for the health or welfare of the juvenile if the education records are relevant to and disseminated for the purpose of creating or maintaining an individualized plan for the juvenile's rehabilitation.
§ 3009. Information related to reintegration of juvenile into school
1. NOTIFICATION TO SUPERINTENDENT. When a juvenile in the custody
of the Department of Corrections seeks admission to a public school or a
private school approved for tuition purposes, the Department of Corrections
shall provide notice to the superintendent of the school to which the student
is seeking admission or to the superintendent's designee of the availability
of information pertaining to the juvenile for use by a reintegration team
under Title 20-A, section 1055, subsection 12.
2. RELEASE OF INFORMATION. Upon the request of the superintendent
or the superintendent's designee under subsection 1, the Department of Corrections
shall release information as authorized under section 3308, subsection 7, paragraph
B-1, subparagraph (3) and Title 34-A, section 1216, subsection 1, paragraph
F to be used by the reintegration team. Information received pursuant to this
subsection is confidential and may not be further disseminated, except as otherwise
provided by law.
TITLE 15. COURT PROCEDURE--CRIMINAL
PART 6. MAINE JUVENILE CODE
CHAPTER 505. ARREST AND DETENTION
15 M.R.S. § 3203-A (2009)
§ 3203-A. Arrested juveniles; release; detention; notification
1. NOTIFICATION OF A JUVENILE COMMUNITY CORRECTIONS OFFICER.
A juvenile community corrections officer receives notification under the
following circumstances.
A. When, in the judgment of a law enforcement officer,
Juvenile Court
proceedings should be commenced against a juvenile,
but detention is
not necessary, the law enforcement officer shall notify
a juvenile
community corrections officer as soon as possible
after such a
determination is made; but if the juvenile has been
arrested, the
law enforcement officer shall notify the juvenile
community
corrections officer within 12 hours following the
arrest.
A-1. If the law enforcement officer determines that
detention is not
necessary but the officer is unable to immediately
return the
juvenile to the custody of the juvenile's legal custodian
or another
suitable person, the officer, with the juvenile's
consent, may
deliver the juvenile to any public or private agency
that provides
nonsecure services to juveniles, including an agency
that provides
attendant care.
B. When, in the judgment of a law enforcement officer,
a juvenile
should be detained prior to the juvenile's initial
appearance in
juvenile court, the law enforcement officer shall
immediately notify
a juvenile community corrections officer.
1) Detention under this section
must be requested by the law
enforcement officer within
2 hours after the juvenile's arrest or
the juvenile must be released.
2) After the law enforcement
officer notifies the juvenile
community corrections officer
and requests detention, the
juvenile community corrections
officer shall order the
conditional or unconditional
release or shall effect a detention
placement within 12 hours
following the juvenile's arrest.
3) Deleted.
B-1. If, in the judgment of a law enforcement officer,
immediate
secure detention is required to prevent a juvenile
from imminently
inflicting bodily harm on others or the juvenile,
the officer may
refer the juvenile for temporary, emergency detention
in a jail or
other secure facility intended or primarily used for
the detention of
adults approved pursuant to subsection 7, paragraph
A or a facility
approved pursuant to subsection 7, paragraph B, prior
to notifying a
juvenile community corrections officer. Such a facility
may detain
the juvenile for up to 2 hours on an emergency basis,
as long as the
law enforcement officer immediately notifies the juvenile
community
corrections officer and requests authorization to
detain the juvenile
beyond the term of the temporary, emergency detention
pursuant to
paragraph B. The juvenile community corrections officer
may, if
continued emergency detention is required to prevent
the juvenile
from imminently inflicting bodily harm on others or
the juvenile,
authorize temporary emergency detention in that facility
for an
additional 4 hours. Following any temporary emergency
detention, the
juvenile community corrections officer shall order
the conditional or
unconditional release of a juvenile or shall effect
a detention
placement. Except as otherwise provided by law, any
detention beyond
6 hours must be in a placement other than a facility
intended or
primarily used for the detention of adults and must
be authorized by
a juvenile community corrections officer. It is the
responsibility
of the law enforcement officer to remain at the facility
until the
juvenile community corrections officer has released
the juvenile or
has authorized detention.
C. In cases under Title 5, section 200-A, the law
enforcement officer
shall immediately notify the juvenile community corrections
officer
and the Department of the Attorney General. In all
other cases the
law enforcement officer shall immediately notify the
juvenile
community corrections officer if the law enforcement
officer believes
that immediate secure detention is required. If the
juvenile
community corrections officer determines not to order
the detention
or continued detention of the juvenile, the community
corrections
officer shall inform the law enforcement officer and
the attorney for
the State prior to the juvenile's release. The attorney
for the
State, with or without a request from a law enforcement
officer,
shall consider the facts of the case, consult with
the juvenile
community corrections officer who made the initial
determination,
consider standards for detention under subsection
4, paragraph C and
subsection 4, paragraph D, subparagraphs (1) to (6)
and may order
detention or continued detention of the juvenile under
the same or
any authorized conditions pending the juvenile's initial
appearance
before the court. If detention or continued detention
is ordered,
the detention placement must be made by the juvenile
community
corrections officer within 12 hours following the
juvenile's arrest.
2. NOTIFICATION OF LEGAL CUSTODIAN. A legal custodian shall receive
notification under the following circumstances.
A. When a juvenile is arrested, the law enforcement
officer or the
juvenile community corrections officer shall notify
the legal
custodian of the juvenile without unnecessary delay
and inform the
legal custodian of the juvenile's whereabouts, the
name and telephone
number of the juvenile community corrections officer
who has been
contacted and, if a juvenile has been placed in a
secure juvenile
detention facility, that a detention hearing will
be held within 48
hours following this placement, excluding Saturday,
Sunday and legal
holidays. Notwithstanding this provision, if a juvenile
has been
placed in a secure detention facility pursuant to
subsection 7,
paragraph B-5, the law enforcement officer or the
juvenile community
corrections officer shall notify the legal custodian
that a detention
hearing will be held within 24 hours following this
placement,
excluding Saturday, Sunday and legal holidays.
B. Notification required by paragraph A may be made
to a person of
sufficient maturity with whom the juvenile is residing
if the
juvenile's legal custodian cannot be located.
2-A. QUESTIONING. When a juvenile is arrested, no law enforcement
officer may question that juvenile until:
A. A legal custodian of the juvenile is notified of
the arrest and is
present during the questioning;
B. A legal custodian of the juvenile is notified of
the arrest and
gives consent for the questioning to proceed without
the custodian's
presence; or
C. The law enforcement officer has made a reasonable
effort to
contact the legal custodian of the juvenile, cannot
contact the
custodian and seeks to question the juvenile about
continuing or
imminent criminal activity.
3. LAW ENFORCEMENT OFFICER'S REPORT. An officer who notifies a
juvenile community corrections officer pursuant to subsection 1, paragraph
A or B shall file a brief written report with the juvenile community corrections
officer, stating the juvenile's name, date of birth and address; the name and
address of the juvenile's legal custodian; and the facts that led to the notification,
including the offense that the juvenile is alleged to have committed. The report
must contain sufficient information to establish the jurisdiction of the Juvenile
Court.
A report of a notification pursuant to subsection 1 must be filed within
24 hours of the notification, excluding nonjudicial days. If a juvenile community
corrections officer orders the conditional release of a juvenile and a report
of the notification is not filed with the juvenile community corrections
officer within 15 days, excluding nonjudicial days, the juvenile community
corrections officer shall review the conditions imposed at the time of the
release. Following the review, the juvenile community corrections officer
may lessen or eliminate the conditions.
The date on which the report is received by the juvenile community corrections
officer is the date of referral to the juvenile community corrections officer
for an intake assessment.
4. RELEASE OR DETENTION ORDERED BY JUVENILE COMMUNITY CORRECTIONS
OFFICER. The release or detention of a juvenile may be ordered by a juvenile
community corrections officer as follows.
A. Upon notification from a law enforcement officer,
a juvenile
community corrections officer shall direct the release
or detention
of a juvenile pending that juvenile's initial appearance
before the
court. If a juvenile is released unconditionally,
whether by a law
enforcement officer without notification to a juvenile
community
corrections officer or by a juvenile community corrections
officer,
and the law enforcement officer subsequently acquires
information
that makes detention or conditional release necessary,
the law
enforcement officer may apply to the court for a warrant
of arrest.
Following the arrest of the juvenile, the law enforcement
officer
immediately shall notify the juvenile community corrections
officer.
The juvenile community corrections officer shall direct
the
unconditional or conditional release of the juvenile
or order the
juvenile detained in accordance with paragraphs C
and D.
B. Release may be unconditional or conditioned upon
the juvenile's
promise to appear for subsequent official proceedings
or, if a
juvenile can not appropriately be released on one
of these 2 bases,
upon the least onerous of the following conditions,
or combination of
conditions, necessary to ensure the juvenile's appearance
or to
ensure the protection of the community or any member
of the
community, including the juvenile:
1) Upon the written promise
of the juvenile's legal custodian to
produce the juvenile for subsequent
official proceedings or at
any place or time when so
ordered by the juvenile community
corrections officer or the
Juvenile Court;
2) Upon the juvenile's voluntary
agreement to placement in the
care of a responsible person
or organization, including one
providing attendant care;
3) Upon prescribed conditions,
reasonably related to securing the
juvenile's presence at subsequent
official proceedings or at any
place or time when so ordered
by the juvenile community
corrections officer or the
court, restricting the juvenile's
activities, associations,
residence or travel;
4) Upon such other prescribed
conditions as may be reasonably
related to securing the juvenile's
presence at subsequent
official proceedings or at
any place or time when so ordered by
the juvenile community corrections
officer or the court; or
5) Upon prescribed conditions,
reasonably related to ensuring the
protection of the community
or any member of the community,
including the juvenile.
Upon imposition of any condition of release described
in subparagraph
(2), (3), (4) or (5), the juvenile community corrections
officer
shall provide the juvenile with a copy of the condition
imposed,
inform the juvenile of the consequences applicable
to violation of
the condition and inform the juvenile of the right
to have the
condition reviewed by the Juvenile Court pursuant
to subsection 10.
C. Detention, if ordered, must be in the least restrictive
residential setting that will serve the purposes of
the Maine
Juvenile Code as provided in section 3002 and one
of the following
purposes of detention:
1) To ensure the presence
of the juvenile at subsequent court
proceedings;
2) To provide physical care
for a juvenile who can not return
home because there is no parent
or other suitable person willing
and able to supervise and
care for the juvenile adequately;
3) To prevent the juvenile
from harming or intimidating any
witness or otherwise threatening
the orderly progress of the
court proceedings;
4) To prevent the juvenile
from inflicting bodily harm on others;
or
5) To protect the juvenile
from an immediate threat of bodily
harm.
D. Detention of a juvenile in a detention facility
may be ordered by
the Juvenile Court or a juvenile community corrections
officer when
there is probable cause to believe the juvenile:
1) Has committed an act that
would be murder or a Class A, Class
B or Class C crime if committed
by an adult;
2) Has refused to participate
voluntarily in a conditional
release placement or is incapacitated
to the extent of being
incapable of participating
in a conditional release placement;
3) Has intentionally or knowingly
violated a condition imposed as
part of conditional release
on a pending offense or has committed
an offense subsequent to that
release that would be a crime if
committed by an adult;
4) Has committed the juvenile
crime that would be escape if the
juvenile was an adult;
5) Has escaped from a facility
to which the juvenile had been
committed pursuant to an order
of adjudication or is absent
without authorization from
a prior placement by a juvenile
community corrections officer
or the Juvenile Court; or
6) Has a prior record of failure
to appear in court when so
ordered or summonsed by a
law enforcement officer, juvenile
community corrections officer
or the court or has stated the
intent not to appear.
If, in the judgment of the juvenile community corrections
officer,
based on an assessment of risk, or in the judgment
of the Juvenile
Court, it is not necessary or appropriate to detain
a juvenile who
satisfies the criteria for detention, the juvenile
community
corrections officer or the Juvenile Court may order
the placement of
the juvenile in the juvenile's home or in an alternative
facility or
service, such as a group home, emergency shelter,
foster placement or
attendant care, subject to specific conditions, including
supervision
by a juvenile community corrections officer or a designated
supervisor. Such a placement is considered a conditional
release.
Detention may not be ordered when either unconditional
or conditional
release is appropriate.
E. If a juvenile community corrections officer or
an attorney for the
State orders a juvenile detained, the juvenile community
corrections
officer who ordered the detention or the attorney
for the State who
ordered the detention shall petition the Juvenile
Court for a review
of the detention in time for the detention hearing
to take place
within the time required by subsection 5, unless the
juvenile
community corrections officer who ordered the detention
or the
attorney for the State who ordered the detention has
ordered the
release of the juvenile. The juvenile community corrections
officer
who ordered the detention or the attorney for the
State who ordered
the detention may order the release of the juvenile
anytime prior to
the detention hearing. If the juvenile is so released,
a detention
hearing may not be held.
F. Conditional release or detention may not be ordered
for a juvenile
for conduct described in section 3103, subsection
1, paragraph B or
C.
4-A. PROBABLE CAUSE DETERMINATION. Except in a bona fide emergency
or other extraordinary circumstance, when a juvenile arrested without a warrant
for a juvenile crime or a violation of conditional release is not released
from custody or does not receive a detention hearing within 48 hours after
arrest, including Saturdays, Sundays and legal holidays, a Juvenile Court Judge
or justice of the peace shall determine, within that time period, whether there
is probable cause to believe that the juvenile has committed a juvenile crime
unless it has already been determined by a Juvenile Court Judge or justice
of the peace that there is probable cause to believe that the juvenile has
committed a juvenile crime. Evidence presented to establish such probable cause
may include affidavits and other reliable hearsay evidence as permitted by
the Juvenile Court Judge or justice of the peace. If the evidence does not
establish such probable cause, the Juvenile Court Judge or justice of the peace
shall order the juvenile's discharge from detention.
5. DETENTION HEARING. Upon petition by a juvenile community corrections
officer who ordered the detention or an attorney for the State who ordered
the detention, the Juvenile Court shall review the decision to detain a juvenile
within 48 hours following the detention, excluding Saturday, Sunday and legal
holidays, except that if a juvenile is detained pursuant to subsection 7, paragraph
B-5, the Juvenile Court shall review the decision to detain the juvenile within
24 hours following the detention, excluding Saturday, Sunday and legal holidays.
A. A detention hearing must precede and must be separate
from a
bind-over or adjudicatory hearing. Evidence presented
at a detention
hearing may include testimony, affidavits and other
reliable hearsay
evidence as permitted by the court and may be considered
in making
any determination in that hearing.
B. Following a detention hearing, a court shall order
a juvenile's
release, in accordance with subsection 4, unless it
finds, by a
preponderance of the evidence, that continued detention
is necessary
to meet one of the purposes of detention provided
in that subsection.
The Juvenile Court shall ensure, by appropriate order,
that any such
continued detention is otherwise in accordance with
the requirements
of subsection 4. The court may order that detention
be continued
pending further appearances before the court or pending
conditional
release to a setting satisfactory to the juvenile
community
corrections officer.
C. Continued detention or conditional release may
not be ordered
unless a Juvenile Court Judge or justice of the peace
has determined
pursuant to subsection 4-A or the Juvenile Court determines
at the
detention hearing that there is probable cause to
believe that the
juvenile has committed a juvenile crime.
D. When a court orders detention or a conditional
release that
authorizes, even temporarily, the juvenile's removal
from the
juvenile's home, 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 in the juvenile's home would be contrary
to the welfare
of the juvenile. This determination does not affect
whether the
court orders detention or a conditional release, which
continues to
be governed by the other provisions of this section.
6. AVAILABILITY OF JUDGES. The Chief Judge of the District Court
shall provide that a Juvenile Court Judge is available to preside at the detention
hearing, described in subsection 5, on all days except Saturdays, Sundays and
legal holidays.
7. RESTRICTION ON PLACE OF DETENTION. The following restrictions
are placed on the facilities in which a juvenile may be detained.
A. A juvenile may be detained in a jail or other secure
detention
facility intended for use or primarily used for the
detention of
adults only when the serving facility:
1) Contains an area where
juveniles are under direct staff
observation at all times,
in a separate section for juveniles
that complies with mandatory
sight and sound separation standards
established by the Department
of Corrections pursuant to Title
34-A, section 1208;
2) Provides for no regular
contact between the juveniles with the
adult detainees or inmates;
and
3) Has an adequate staff to
provide direct observation and
supervise the juvenile's activities
at all times during emergency
detention.
Juveniles detained in adult-serving facilities may
be placed only in
the separate juvenile sections that comply with mandatory
separation
standards established by the Department of Corrections
pursuant to
Title 34-A, section 1208, unless the detainee must
be detained with
adults as a result of having attained 21 years of
age or unless the
court orders that the person be detained with adults
for any period
of detention occurring after the detainee has attained
18 years of
age or unless the juvenile is bound over as an adult
and held in an
adult section of a facility pursuant to court order.
B. A juvenile may be held in custody or detention
in any detention
facility approved or operated by the Department of
Corrections
exclusively for juveniles or a temporary holding resource
that
provides secure supervision approved by the Department
of
Corrections, pending the juvenile's release or hearing
in the
Juvenile Court.
B-1. Repealed. Laws 1997, c. 752, § 10.
B-2. Repealed. Laws 1997, c. 752, § 11.
B-3. Repealed. Laws 1995, c. 155, § 3.
B-4. The State is responsible for all physically restrictive
juvenile
detention statewide, except that the detention for
up to 6 hours
provided under subsection 1 remains the responsibility
of the
counties. At the discretion of the sheriff, if the
requirements of
paragraph B-5 are met, a county may assume responsibility
for the
detention of a juvenile for up to 24 hours, excluding
Saturdays,
Sundays and legal holidays. Upon mutual agreement
of the
Commissioner of Corrections and the sheriff and upon
terms mutually
agreeable to them, a juvenile may be detained by a
county for a
longer period of time in an approved detention facility
or temporary
holding resource complying with paragraph B. Any detention
of a
juvenile by a county must be in a section of a jail
or other secure
detention facility in compliance with paragraph A
or in an approved
detention facility or temporary holding resource in
compliance with
paragraph B. This paragraph does not apply to a juvenile
who is held
in an adult section of a jail pursuant to court order
under paragraph
C or D; section 3101, subsection 4, paragraph E-1;
or section 3205,
subsection 2.
B-5. If the juvenile community corrections officer
who ordered the
detention or the attorney for the State who ordered
the detention
determines there is no reasonable alternative, a juvenile
may be
detained in a jail or other secure detention facility
intended or
primarily used for the detention of adults for up
to 48 hours,
excluding Saturday, Sunday and legal holidays if:
1) The facility meets the
requirements of paragraph A;
2) The facility is not located
in a standard metropolitan
statistical area and meets
the statutory criteria contained in
the federal Juvenile Justice
and Delinquency Prevention Act of
1974, 42 United States Code,
Section 5601; and
3) The juvenile is detained
only to await a detention hearing
pursuant to subsection 5 or
section 3314, subsection 2, transfer
to an appropriate juvenile
facility, or transport to another
jurisdiction.
C. Upon the request of the Commissioner of Corrections
or the
commissioner's designee, a judge may approve the transfer
of a
juvenile, who is detained at a detention facility
described in
paragraph B and operated by the department, to any
section of a jail
or other secure facility that is intended for use
or used primarily
for the detention of adults:
1) If the judge finds, by
clear and convincing evidence, that:
a)
Jurisdiction of the matter as a juvenile case has been
waived
and the juvenile has been bound over pursuant to
section
3101, subsection 4;
2) If the judge finds, by
clear and convincing evidence, that the
juvenile's behavior:
a)
Presents an imminent danger of harm to the juvenile or to
others;
or
b)
Presents a substantial likelihood that the juvenile will
leave
the detention facility; and
3) If the judge finds, by
clear and convincing evidence, that
there is no less restrictive
alternative to detention in an adult
facility that will meet the
purposes of detention.
In determining whether the
juvenile's behavior presents a danger
to the juvenile or others,
the court shall consider, among other
factors:
a)
The nature of and the circumstances surrounding the
offense
with which the juvenile is charged, including whether
the
offense was committed in an aggressive, violent,
premeditated
or willful manner;
b)
The record and previous history of the juvenile, including
the
juvenile's emotional attitude and pattern of living; and
c)
If applicable, the juvenile's behavior and mental
condition
during any previous or current period of detention
or
commitment.
D. Upon the petition of a sheriff or the sheriff's
designee, the
District Court may approve the transfer of a juvenile
who has been
bound over pursuant to section 3101, subsection 4
from a separate
juvenile section described in paragraph A, or from
a detention
facility described in paragraph B and operated by
the county, to any
section of a jail or another secure facility that
is intended for use
or used primarily for the detention of adults, if
the court finds by
clear and convincing evidence that the juvenile's
behavior presents
an imminent danger of harm to that juvenile or to
others and that
there is no less restrictive alternative to detention
in an adult
section that serves the purposes of detention.
That determination must be made on the basis of evidence,
including
reliable hearsay evidence, presented in testimony
or affidavits. In
determining whether the juvenile's behavior presents
a danger to that
juvenile or others, the court shall consider, among
other factors:
1) The nature of and the circumstances
surrounding the offense
with which the juvenile is
charged, including whether the offense
was committed in an aggressive,
violent, premeditated or willful
manner;
2) The record and previous
history of the juvenile, including the
juvenile's emotional attitude
and pattern of living; and
3) The juvenile's behavior
and mental condition during any
previous or current period
of detention or commitment.
7-A. NONSECURE CUSTODY IN SECURE DETENTION FACILITY. Notwithstanding
other provisions of this Part, a juvenile may be held for up to 12 hours in
nonsecure custody in a building housing a jail or other secure detention facility
intended or primarily used for the detention of adults if the following criteria
are met:
A. The area where the juvenile is held is an unlocked,
multipurpose
area not designed or intended for use as a residential
area, such as
a lobby, office or interrogation room which is not
designated, set
aside or used as a secure detention area or is not
a part of such an
area, or if a secure area, is used only for processing
purposes;
B. The juvenile is not physically secured to a cuffing
rail or other
stationary object during the period of custody in
the facility;
C. Use of the area is limited to providing nonsecure
custody only
long enough and for the purposes of identification,
investigation,
processing, release to parents, or arranging transfer
to an
appropriate juvenile facility or to court; and
D. The juvenile is under continuous visual supervision
by a law
enforcement officer or facility staff person.
7-B. SEPARATE NONSECURE CUSTODY; DETENTION. When a juvenile who
is being held in nonsecure custody or is being detained pursuant to this section
is transported to or from court or to or from a juvenile facility or is being
held in a court holding area awaiting court proceedings, the juvenile must
be separated by sight and sound from any adult detainee.
8. DETENTION. In the event that the court orders detention, after
detention hearing in accordance with subsection 5, paragraph B, a petition
shall be filed within 10 days from the date of detention, unless the time is
extended by the court by further order for good cause shown. In the event a
petition is not so filed, then detention shall be terminated and the juvenile
discharged from detention.
9. VIOLATION OF CONDITIONS OF RELEASE. Upon notification that
a juvenile has intentionally or knowingly violated a condition of release,
whether imposed by a court or a juvenile community corrections officer, a juvenile
community corrections officer or a law enforcement officer may apply to the
Juvenile Court for a warrant of arrest.
A law enforcement officer or juvenile community corrections officer having
probable cause to believe that a juvenile has violated a condition of release
may arrest the juvenile without a warrant.
Following the arrest of a juvenile by a law enforcement officer for violation
of a condition of release, the law enforcement officer shall immediately
notify the juvenile community corrections officer. The juvenile community
corrections officer shall either direct the release of the juvenile with
or without imposing different or additional conditions for release of the
juvenile or shall revoke release and order the juvenile detained in accordance
with subsection 4, paragraphs C and D.
If different or additional conditions of release are imposed, the juvenile
may request the Juvenile Court to review the conditions pursuant to subsection
10. The review of additional or different conditions must include a hearing
to determine if the preponderance of the evidence indicates that the juvenile
intentionally or knowingly violated a condition of release.
If detention is ordered, the provisions of subsections 4-A and 5 apply.
10. JUVENILE COURT TO REVIEW FOR ABUSE OF DISCRETION. Upon the
request of a juvenile or legal custodian, the Juvenile Court shall, at the
juvenile's first appearance or within 7 days, review for abuse of discretion,
any condition of release imposed pursuant to subsection 4, paragraph B, subparagraph
(2), (3), (4) or (5).
11. REVIEW OF ORDER. Upon petition by a juvenile community corrections
officer, an attorney for the State or a juvenile and after notice and upon
a showing of changed circumstances or upon the discovery of new and significant
information, the Juvenile Court may review an order for detention, conditional
release or unconditional release and may enter a new order in accordance with
this section.
TITLE 15. COURT PROCEDURE--CRIMINAL
PART 6. MAINE JUVENILE CODE
CHAPTER 507. PETITION, ADJUDICATION AND DISPOSITION
15 M.R.S. § 3301-A (2009)
1. SHARING INFORMATION. Nothing in this Part precludes a law
enforcement officer or criminal justice agency from sharing information with
a school superintendent or principal, whether or not the information is contained
in records, pertaining to a juvenile when the information is credible and
indicates an imminent danger to the safety of students or school personnel
on school grounds or at a school function. The superintendent or principal
may disseminate this information only to the extent necessary to protect
students and school personnel and as governed by subsection 2.
2. PROCESS FOR FURTHER DISSEMINATION. Any information received
by a superintendent or principal pursuant to subsection 1 may only be further
distributed through a notification team as described in Title 20-A, section
1055, subsection 11.
3. INFORMATION PROHIBITED FROM INCLUSION IN STUDENT'S EDUCATION
RECORD. The superintendent or principal shall ensure that information provided
pursuant to this section may not become part of the student's education record.
TITLE 15. COURT PROCEDURE--CRIMINAL
PART 6. MAINE JUVENILE CODE
CHAPTER 507. PETITION, ADJUDICATION AND DISPOSITION
15 M.R.S. § 3307 (2009)
1. REPEALED. Laws 1979, c. 681, § 18.
1-A. RELEASE OF IDENTITY. A law enforcement officer, officer of
the court or juvenile community corrections officer may not release the identity
of any juvenile until a petition is filed charging the juvenile with a juvenile
crime described in subsection 2. This section does not preclude the release
of the identity of a juvenile to a complainant or victim if a juvenile community
corrections officer decides not to file a petition in accordance with section
3301, subsection 5, paragraph A or B or if the juvenile community corrections
officer requests the prosecuting attorney to file a petition in accordance
with section 3301, subsection 5, paragraph C.
2. CERTAIN HEARINGS PUBLIC.
A. Once a petition is filed, the general public may
not be excluded
from a proceeding on a juvenile crime that would constitute
murder or
a Class A, Class B or Class C crime if the juvenile
involved were an
adult; from a proceeding on a juvenile crime that
would constitute a
Class D crime if the juvenile involved were an adult
and the juvenile
has previously been adjudicated of committing a juvenile
crime that
would constitute a Class D or higher class crime not
arising from the
same underlying transaction; or from a subsequent
dispositional
hearing in such cases.
B. The general public is excluded from all other juvenile
hearings
and proceedings, except that a juvenile charged with
a juvenile crime
that would constitute murder or a Class A, Class B
or Class C offense
and with a juvenile crime that would constitute a
juvenile's first
Class D offense or Class E offense or with conduct
described in
section 3103, subsection 1, paragraph B, C, D or E,
arising from the
same underlying transaction may elect to have all
charges adjudicated
in one hearing, and, when a juvenile does so elect,
the general
public is not excluded from that hearing.
C. Repealed.
3. RECORD. A verbatim record shall be made of all detention, bind
over, adjudicatory and dispositional hearings.
§ 3308. Court records; inspection
1. INSPECTION. No person may inspect the records of juvenile
proceedings except as provided in this section.
2. HEARINGS OPEN TO PUBLIC. In the case of a hearing open to the
general public under section 3307, the petition, the record of the hearing
and the order of adjudication are open to public inspection, provided that
any court subsequently sentencing the juvenile after the juvenile has become
an adult may consider only murder and Class A, Class B and Class C offenses
committed by the juvenile. The petition, the record of the hearing and the
order of adjudication are open to inspection by the victim regardless of whether
the hearing is open to the general public under section 3307.
3. PARTIES. Records of court proceedings and of the other records
described in subsection 5 must be open to inspection by the juvenile, the juvenile's
parents, guardian or legal custodian, the juvenile's attorney, the prosecuting
attorney and to any agency to which legal custody of the juvenile was transferred
as a result of adjudication. These records may also be open to inspection by
the Department of Health and Human Services prior to adjudication if commitment
to the Department of Health and Human Services is a proposed disposition.
3-A. VICTIMS. The name of a juvenile subject to Juvenile Court
proceedings shall be made known by the Juvenile Court to the victim of the
juvenile crime on his request.
4. OTHER PERSONS. With the consent of the court, records of court
proceedings excluding the names of the juvenile, his parents, guardian, legal
custodian, his attorney or any other parties may be inspected by persons having
a legitimate interest in the proceedings or by persons conducting pertinent
research studies.
5. OTHER RECORDS. Police records, juvenile community corrections
officers' records and all other reports of social and clinical studies may
not be open to inspection except with consent of the court or except to the
extent that such records, reports and studies were made a part of the record
of a hearing that was open to the general public under section 3307.
6. RECORDS TO SECRETARY OF STATE. Whenever a juvenile has been
adjudicated as having committed a juvenile crime involving the operation of
a motor vehicle, the court shall forthwith transmit to the Secretary of State
an abstract, duly certified, setting forth the name of the juvenile, the offense,
the date of the offense, the date of the adjudicatory hearing and any other
pertinent facts. These records are admissible in evidence in hearings conducted
by the Secretary of State or any of the Secretary of State's deputies and are
open to public inspection.
Nothing in this Part may be construed to limit the authority of the Secretary
of State, pursuant to Title 29-A, to suspend a person's license or permit
to operate a motor vehicle, right to operate a motor vehicle or right to
apply for or obtain a license.
7. DISSEMINATION OF INFORMATION. The following provisions apply
to the dissemination of information contained in the records of juvenile proceedings.
A. For purposes of this subsection the following terms
have the
following meanings.
1) "Administration of
criminal justice" has the same meaning as
found in Title 16, section
611, subsection 1.
2) "Administration of
juvenile criminal justice" means detection,
apprehension, detention, conditional
or unconditional release,
informal adjustment, initial
appearance, bind over, adjudication
or disposition of accused
juveniles or juvenile criminal
offenders. It includes juvenile
crime identification activities
and the collection, storage
and dissemination of juvenile crime
information.
3) "Criminal justice
agency" has the same meaning as found in
Title 16, section 611, subsection
4.
4) "Dissemination" has
the same meaning as found in Title 16,
section 611, subsection 6.
B. Nothing in this section precludes sharing of any
information in
the records of court proceedings or other records
described in
subsection 5 by one criminal justice agency with another
criminal
justice agency for the administration of criminal
justice or juvenile
criminal justice or for criminal justice agency employment.
B-1. Nothing in this section precludes dissemination
of any
information in the records of court proceedings and
in the other
records described in subsection 5, if:
1) The juvenile has been adjudicated
as having committed a
juvenile crime;
2) The information is disseminated
by and to persons who directly
supervise or report on the
health, behavior or progress of the
juvenile, the superintendent
of the juvenile's school and the
superintendent's designees,
criminal justice agencies or agencies
that are or might become responsible
for the health or welfare of
the juvenile as a result of
a court order or by agreement with
the Department of Corrections
or the Department of Health and
Human Services; and
3) The information is relevant
to and disseminated for the
purpose of creating or maintaining
an individualized plan for the
juvenile's rehabilitation,
including reintegration into a school.
Any information received under this paragraph is confidential
and may
not be further disseminated, except as otherwise provided
by law.
C. Nothing in this section precludes dissemination
of any information
in the records of the Department of Corrections if
the person
concerning whom the records are sought, the person's
legal guardian,
if any, and if the person is a minor, the person's
parent or legal
guardian has given informed written consent to the
disclosure of the
records.
D. When a juvenile who is adjudicated of a juvenile
crime that if
committed by an adult would be gross sexual assault
under Title 17-A,
section 253, subsection 1 is committed to a Department
of Corrections
juvenile correctional facility or placed on probation,
the Department
of Corrections shall provide, while the juvenile is
committed or on
probation, a copy of the juvenile's judgment and commitment
to the
Department of Health and Human Services, to all law
enforcement
agencies that have jurisdiction in those areas where
the juvenile may
reside, work or attend school and to the superintendent
of any school
system in which the juvenile attends school during
the period of
commitment or probation. The Department of Corrections
shall provide
a copy of the juvenile's judgment and commitment to
all licensed and
registered day-care facility operators located in
the municipality
where the juvenile resides, works or attends school
during the period
of commitment or probation. Upon request, the Department
of
Corrections shall also provide a copy of the juvenile's
judgment and
commitment to other entities that are involved in
the care of
children and are located in the municipality where
the juvenile
resides, works or attends school during the period
of commitment or
probation. The Department of Corrections may provide
a copy of the
juvenile's judgment and commitment to any other agency
or person whom
the Department of Corrections determines is appropriate
to ensure
public safety. Neither the failure of the Department
of Corrections
to perform the requirements of this paragraph nor
compliance with
this paragraph subjects the Department of Corrections
or its
employees to liability in a civil action.
E. When a juvenile is charged in a juvenile petition
that alleges the
use or threatened use of physical force against a
person or when a
juvenile is adjudicated as having committed one or
more juvenile
crimes that involve the use or threatened use of physical
force
against a person, the district attorney in the district
where the
charges were brought shall provide to the superintendent
of the
juvenile's school or the superintendent's designees:
1) The name of the juvenile;
2) The nature of the alleged
offense or offense;
3) The date of the alleged
offense or offense;
4) The date of the petition;
5) The date of the adjudication,
if applicable; and
6) The location of the court
where the case was brought, if
applicable.
All information provided under this paragraph is confidential
and may
not be further distributed, except as provided in
Title 20-A, section
1055, subsection 11. Information provided pursuant
to this paragraph
to the superintendent of the juvenile's school or
the
superintendent's designees may not become part of
the student's
education record.
8. JUVENILE RECORDS SEALED. This subsection governs the sealing
of records of a person adjudicated to have committed a juvenile crime.
A. A person adjudicated to have committed a juvenile
crime may
petition the court to seal from public inspection
all records
pertaining to the juvenile crime and its disposition,
and to any
prior juvenile records and their dispositions if:
1) At least 3 years have passed
since the person's discharge from
the disposition ordered for
that juvenile crime;
2) Since the date of disposition,
the person has not been
adjudicated to have committed
a juvenile crime and has not been
convicted of committing a
crime; and
3) There are no current adjudicatory
proceedings pending for a
juvenile or other crime.
B. The court may grant the petition if it finds that
the requirements
of paragraph A are satisfied, unless it finds that
the general
public's right to information substantially outweighs
the juvenile's
interest in privacy.
C. Notwithstanding subsections 3, 3-A, 4 and 5, the
court order
sealing the records permits only the following persons
to have access
to the sealed records:
1) The courts and criminal
justice agencies as provided by this
section; and
2) The person whose juvenile
records are sealed or that person's
designee.
D. If the petition is granted, the person may respond
to inquiries
from other than the courts and criminal justice agencies
about that
person's juvenile crimes, the records of which have
been sealed, as
if the juvenile crimes had never occurred, without
being subject to
any sanctions.
9. RECORDS OF JUVENILE COURT. Notwithstanding any other provision
of this section, records of Juvenile Court proceedings and the police records
and other records described in subsection 5 must be open to inspection by the
Victims' Compensation Board at any time if a juvenile is alleged to have committed
an offense upon which an application to the board is based.
TITLE 20-A. EDUCATION
PART 3. ELEMENTARY AND SECONDARY EDUCATION
CHAPTER 221. SCHOOL RECORDS, AUDITS AND REPORTS
SUBCHAPTER 1. STUDENT RECORDS
20-A M.R.S. § 6001 (2009)
§ 6001. Dissemination of information
1. FEDERAL AND STATE LAW. The provisions of this section, the
United States Family Educational Rights and Privacy Act of 1974, Public Law
93-380, as amended by Public Law 93-568, and the United States Education
of All Handicapped Children Act, Public Law 94-142 govern the dissemination
of information about students, as well as written notices of intent to provide
equivalent instruction through home instruction and all education records
of students receiving equivalent instruction through home instruction.
2. INTERNET RESTRICTIONS. A public school may not publish on the
Internet or provide for publication on the Internet any personal information
about its students without first obtaining the written approval of those students'
parents. For the purpose of this section, "personal information" means
information that identifies a student, including, but not limited to, the student's
full name, photograph, personal biography, e-mail address, home address, date
of birth, social security number and parents' names.
3. DISSEMINATION OF EDUCATION RECORDS TO CRIMINAL JUSTICE AGENCIES.
A school may disseminate education records as defined in 20 United States Code,
Section 1232g(a)(4) regarding a juvenile if:
A. The juvenile has not been adjudicated as having
committed a
juvenile crime;
B. The education records are disseminated to:
1) Criminal justice agencies;
or
2) Agencies that by court
order or agreement of the juvenile are
responsible for the health
or welfare of the juvenile and that
have provided the school with
a statement describing the purpose
of the dissemination; and
C. The education records are relevant to and disseminated
for the
purpose of creating or maintaining an individualized
plan for the
juvenile's rehabilitation.
Education records received under this subsection are confidential and may
not be further disseminated, except to the court or as otherwise provided
by law. The persons to whom the education records are disseminated shall
certify in writing to the school that the records will not be disclosed to
any other party, except the court or as otherwise provided by law, without
the written consent of the juvenile or the juvenile's parent or guardian.
§ 6001-A. Parental access to information on school activities
1. PARENTAL NOTIFICATION. Upon written request by a parent,
a school administrative unit may provide written notification of all school
activities and programs for which parental participation, involvement, notification
or awareness is in the best interest of the student. A noncustodial parent
may have access to information on school activities and programs upon written
request and with the mutual agreement of the custodial parent and the school
administrative unit.
2. EXEMPTION. This section does not apply to a parent denied parental
rights and responsibilities in a court order.
§ 6001-B. Transfer of education records
1. EDUCATION RECORDS MUST FOLLOW STUDENTS WHO TRANSFER. Education
records must follow students who transfer to a school in another school administrative
unit in the State. The education records of students who transfer from educational
programs or schools for juveniles located in or operated by correctional
facilities or out-of-state schools are also subject to this requirement.
For a student who experiences education disruption, as defined in section
5161, subsection 9, the sending school shall send or electronically transfer
pertinent records, including but not limited to academic and health information
records, to the receiving school or educational program no later than 5 school
days after the student enrolls in the receiving school or educational program.
2. TRANSFER OF RECORDS. Upon application of a student to transfer
to another school administrative unit in this State or to enroll at a school
administrative unit in this State from an educational program or school for
juveniles located in or operated by a correctional facility or a school outside
of the State, and upon the written request of the superintendent of the school
administrative unit into which the student seeks admission, school administrators
at the school administrative unit from which the student is transferring shall
provide all of the student's education records, including disciplinary records,
attendance records, health records other than confidential health records for
which consent for dissemination has not been obtained and special education
records, to school administrators at the school administrative unit to which
the student is seeking a transfer. Confidential health records may be provided
under this subsection only if the school administrator at the school administrative
unit from which the student is transferring receives the authorization or consent
necessary for the dissemination of information contained in the following records:
A. Records concerning information on a person's HIV
infection status,
including the results of an HIV test, as those records
are described
in Title 5, section 19203-D;
B. Records concerning information on a person's alcohol
and other
drug abuse treatment as those records are described
in Title 5,
section 20047;
C. Records concerning information on a person's health
care and
treatment as those records are described in Title
22, section 1711-C;
and
D. Records concerning information on a person's mental
health
treatment as those records are described in Title
34-B, section 1207.
3. DETERMINATION OF DISCIPLINARY STATUS OF STUDENT APPLYING FOR
TRANSFER; DISCRETION OF SCHOOL TO ACCEPT STUDENT. At the request of the superintendent
of the school administrative unit into which a student seeks admission, the
student's current or former school administrators shall provide, in a timely
fashion, an oral or written report to the receiving school administrative unit
indicating whether the student has been expelled or suspended or is the subject
of an expulsion or suspension proceeding. In the case of a student who has
been expelled or suspended or is the subject of an expulsion or suspension
proceeding, the receiving school administrative unit may deny admission or
participation in public school programs, facilities or activities as part of
an equivalent instruction program pursuant to section 5021 until the school
administrative unit is satisfied that the conditions of the expulsion or suspension
have been met.
3-A. DETERMINATION OF STATUS OF JUVENILE APPLYING FOR ADMISSION;
DISCRETION OF SCHOOL TO ACCEPT JUVENILE. If the receiving school administrative
unit receives information under Title 15, section 3308, subsection 7, paragraph
B-1, subparagraph (3) and Title 34-A, section 1216, subsection 1, paragraph
F that a student is not in compliance with a condition of an individualized
plan for the juvenile's rehabilitation and that condition is relevant to the
juvenile's reintegration into the school, the receiving school administrative
unit may deny admission or participation in public school programs, facilities
or activities as part of an equivalent instruction program pursuant to section
5021 until the school administrative unit is satisfied that the condition has
been met.
4. NOTICE TO PARENTS AND GUARDIANS. Prior to the start of the
2000-01 school year and each school year thereafter, a school administrative
unit shall send a written notice to parents or guardians of every student enrolled
in the school administrative unit that education records must be sent to a
school administrative unit to which a student applies for transfer. Beginning
with the 2001-2002 school year, an educational program or school for juveniles
located in or operated by a correctional facility shall send a written notice
to parents, guardians and custodians of every student enrolled in that educational
program or school for juveniles located in or operated by the correctional
facility that education records must be sent to a school administrative unit
to which a student applies for transfer. The notice provided to parents, guardians
and custodians must comply with the standards of the federal Family Education
Rights and Privacy Act of 1974, Public Law 93-380, as amended by Public Law
93-568.