An Act To Enhance Juvenile Rehabilitation LR0434(02)
Maine Legislature, Session 121, LD 1192
Committee Amendment CA_A_S77 (Senate)
Amends: 15 MRSA §3304, 15 MRSA §3314-B

COMMITTEE AMENDMENT "A" to S.P. 397, L.D. 1192, Bill, "An 
Act To Enhance Juvenile Rehabilitation" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
• Sec. 1. 15 MRSA §3304, sub-§6-A, as amended by PL 1987, c. 
720, §2, is further amended to read: 
6-A. 
Attendance of parent, guardian or leqal custodian; 
contempt. 
The parent. guardian or legal custodian shall appear 
in response to the summons served pursuant to subsection 5 and 
shall 
attend 
all 
proceedings 
concerning 
the 
juvenile. 
The 
failure of a parent. guardian or legal custodian to appear in 
response to the summons or for a later hearing. or the inability 
to serve such a party, shall may not prevent the court from 
continuing with the proceedings against a juvenile who is before 
the court, except as required in section 3314, 
subsection 1, 
paragraphs C-l and C-2. 
A. 
The 
court 
may 
excuse 
the 
attendance 
of 
a 
parent, 
guardian or legal custodian at a particular proceeding or 
all proceedings for good cause or if appearing in court will 
resul t 
in undue hardship to the parent, guardian or legal 
custodian. 
Page l-LR0434(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,A .. to s.P. 397, L.D. 1192 
B. 
If the parent. guardian or legal custodian fails to 
appear with the juvenile and the court has not found good 
cause for not appearing, the court, after notice and hearing 
on the issue of contempt, may find the parent, guardian or 
legal custodian in contempt of court in accordance with the 
Maine Rules of Criminal Procedure, Rule 42(d). 
C. 
This subsection does not create a right for the juvenile 
to have the juvenile's parent, guardian or legal custodian 
present at any proceeding or court-ordered program that the 
juvenile attends or is required to attend. 
Sec. 2. 15 MRSA §3314-B is enacted to read: 
§3314-B. 
Counse1ing. treatment. education or case management for 
juveni1es and their parents, guardians and 1ega1 
custodians 
1. 
COPnse1ing. treatment, education or case management. 
In 
conjunction with a disposition under section 3314, the court may 
require the juvenile and the juvenile's parent, guardian or legal 
custodian to participate in counseling, treatment, education or 
case management as determined by the court. 
The counseling, 
treatment, 
education or case management must be designed to 
create a favorable environment for sustained noncriminal behavior. 
2. 
Costs. 
The court may order a parent, guardian or legal 
custodian to payor cause to be paid all or part of the 
reasonable costs of any counseling, treatment, education or case 
management ordered pursuant to this section. 
3. 
EnforCement. 
After notice and hearing and in accordance 
with the Maine Rules of Criminal Procedure, Rule 42(d), the court 
may 
invoke 
its 
contempt 
powers 
to 
enforce 
its 
counseling, 
treatment, education, case management or other order that applies 
to 
the 
juvenile, 
the 
juvenile's 
parent, 
guardian 
or 
legal 
custodian or any other person before the court who is subject to 
an order to participate in counseling. treatment. education or 
case management. 
4. 
Probation. 
The 
court 
mgy 
not 
revoke 
a 
juvenile's 
probation because of a failure of the juvenile's parent. guardian 
or legal custodian to comply with an order under this section. 
Sec. 3. Application. 
This Act applies to juvenile crimes for 
which a summons is served on or after the effective date of this 
Act. ' 
COMM/rrEE AMENDMENT 
· 
e.,. 
~ 
".~ 
COMMITTEE AMENDMENT "A' to S.P. 397, L.D. 1192 
SUMMARY 
This amendment replaces the bill and makes the following 
changes. 
1. 
It amends the Maine Juvenile Code to allow the juvenile 
court to require that the parent, guardian or legal custodian of 
a juvenile charged with committing a juvenile crime to attend all 
juvenile court proceedings, unless the court excuses attendance 
for good cause; however, it clarifies that the failure of a 
parent, guardian or legal custodian to appear in response to the 
summons or for a later hearing, or the inability to serve such a 
party, 
may 
not prevent 
the 
court 
from 
continuing with 
the 
proceedings against a juvenile who is before the court, except as 
required in the Maine Revised Statutes, Title 15, section 3314, 
subsection 1, paragraphs C-l and C-2. 
2. 
It amends the Maine Juvenile Code to allow a court to 
order the parent, guardian or legal custodian of a 
juvenile 
adjudicated as having committed a juvenile crime to participate 
in and pay all or part of the reasonable costs of counseling, 
treatment, education and case management as determined by the 
court. 
3. 
It affirms that the court may invoke its contempt powers 
to enforce such attendance and court orders. 
revoke a juvenile's 
juvenile's parent, 
with 
an 
order 
to 
reasonable costs of 
4. 
It specifies that the court may not 
probation because of 
the failure 
of 
the 
guardian 
or 
legal 
custodian 
to 
comply 
participate in or pay all or part of the 
counseling, 
treatment, 
education 
and 
determined by the court. 
case 
management 
as 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/11103 ;?HaC!. 
Office of Fiscal and Program Review 
LD 1192 
An Act To Enhance Juvenile Rehabilitation 
LR0434(02) 
Fiscal Note for Bill as Amended by Committee Amendment II, 5-'i '7 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR0434(2) - Fiscal Note - Page 1 of 1