An Act To Amend the Provisions of the Homeless Yonth Program
Maine Legislature, Session 123, LD 2064
Committee: Health and Human Services
Sponsors: PERRY, ROSEN, MILLS
Amends: 22 MRSA §4099-A, 22 MRSA §4099-C

Legislative Document 
No. 2064 
H.P.1448 
House of Representatives, December 21, 2007 
An Act To Amend the Provisions of the Homeless Yonth Program 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 19, 2007. Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representative PERRY of Calais. 
Cosponsored by Senator ROSEN of Hancock and 
Representative: MILLS of Farmington. 
Printed on recycled paper 
7J1~frJ.7ll~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §4099-A, sub-§I, as enacted by PL 2003, c. 451, Pt. P, §3, is 
amended to read: 
1. Case manager. "Case manager" means an agent of the department authorized by 
this subchapter to perform all case management functions for a youth alleged or found to 
be in need of ser,'ices a homeless youth. "Case manager" may include community-based 
agencies contracted by the department and persons employed by those agencies to 
provide case management services. 
Sec. 2. 22 MRSA §4099-A, 8ub-§3, as enacted by PL 2003, c. 451, Pt. P, §3, is 
amended to read: 
II 
3. Services. "Services" means housing, education, food, medical care, mental health 
or substance abuse services or treatment, supervision by a parent or legal guardian and 
support services, including mediation services, that may assist a homeless youth in need 
of services or the youth's family or legal.guardian. 
Sec. 3. 22 MRSA §4099-A, sub-§4, as amended by PL 2007, c. 240, Pt. SS, § 1, 
is further amended to read: 
4. Homeless youth. "Homeless youth" means a child ~ndel' 15 youth 16 years of age 
or older and under 22 years of age who: 
A. 
Is without proper care or subsistence, education, a home or medical or other care 
necessary for the ~ 
youth's well-being; 
B. 
Is without or beyond the control of the sfl.i.kJ!s youth's parent or legal guardian; 
C. 
Is in imminent danger of serious physical, mental or emotional injury or at risk 
of prosecution for ajuvenile or adult offense; or 
D. 
Is abusing alcohol or drugs and is at risk of serious harm as a result. 
Sec.4. 22 MRSA §4099-C, as amended by PL 2003, c. 561, §§3 to 5, is further 
amended to read: 
§4099-C. Preliminary assessment; safety plan; other services 
1. Preliminary assessmellt. When a case manager is informed that a youth may be 
i-n need of services a homeless youth, the case manager shall make a preliminary 
assessment within 48 hours, including weekends and holidays, to determine whether the 
youth is a homeless youth in net:ld of sel"liees as defined in this subchapter and whether 
further action should be taken under subsection 2 or 3. 
2. Safety plan. When a case manager determines that a youth is in need of sef\liees 
a homeless youth, the case manager shall immediately develop a safety plan and arrange 
services for the youth and, if appropriate, for the youth's family or legal guardian. 
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3. Imminent danger. If a youth is determined by a case manager to be in need of 
services a homeless youth and is in imminent danger of serious physical, mental or 
emotional injury, is at risk of prosecution for a juvenile or adult offense or is abusing 
alcohol or drugs and is at risk of serious harm as a result, the case manager shall attempt 
to contact the family or legal guardian, if appropriate, to begin services to the youth and 
family or legal guardian and shall promptly file a petition to commence court 
proceedings. 
A. 
If the court finds that a youth is in need of services a homeless youth and is in 
imminent danger of serious physical, mental or emotional injury, is at risk of 
prosecution for a juvenile or adult offense or is abusing alcohol or drugs and is at 
risk of serious harm as a result, the court shall order that a service provider offer 
appropriate services to the youth and the youth's family or legal guardian if 
appropriate. 
B. 
In a proceeding brought under this subsection, if the court orders a service 
provider to offer appropriate services to a youth or the youth's family or legal 
guardian, the court may not order secure residential placement.or inpatient treatment 
or order a youth to participate in services or enter an order of enforcement or 
contempt. 
4. Treatment by spiritual means. A youth may not be considered to be in Reed of 
services a homeless youth under this subchapter solely because treatment is provided by 
spiritual means by an accredited practitioner of a recognized religious organization. 
When medical treatment is authorized under this subchapter, treatment by spiritual means 
by an accredited practitioner of a recognized religious organization may also be 
considered if requested by a youth or the youth's parent or legal guardian. 
S. 
Repenting. 
The department sAal1 report by October I, 2003 and BRnl:lBlI)' 
thereafter to the joint standing committee of the Legislature Iwwing jurisdiction o"'er 
health afld A!:Iman sen'ices matters on the n!:lmber and natllre of ]!K"elimiRaI)' assessments, 
satety plans and COHrt proceedings Hnder this section. Begiflfliflg October 1, 2004, the 
report must incilide sllmmary statistics on the nHmber and charaeteristics of )'Ol:ltA ·...,ho 
refuse sep,'ices lIfider #lis section, inclHding demograpAic information, reasofl for referral, 
assessed needs and stated reason for refusal of sep,'ices. The report mllst inclllde safety 
plans and 
COlirt 
proceedings Hnder this section. 
The report ffil:lSt 
lflcilide 
recommendations for polic~' initiatives, mlemaking and legislative action for YOllth in 
need of sep,'ices. 
.,. Data. The department shall collect data on the nllmber and charaeteristics of 
YOllth vAw refllse services lInder this section, inciliding demographic information, reason 
for reterral. assessed needs and stated reason for refusal of services. The departmeflt shall 
share the data collected lInder this sllbsection with the Department of Behavioral and 
De'>'elopmental Sep,'ices, Office of Slibstance Abllse no later than October 1, 2004 and 
every 6 months thereafter. 
Sec. 5. Maine Revised Statutes headnote amended; revision clause. In the 
Maine Revised Statutes, Title 22, chapter 1071, subchapter 15, in the subchapter 
headnote, the words "youth in need of services program" are amended to read "homeless 
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youth program" and the Revisor of Statutes shall implement this revision when updating, 
publishing or republishing the statutes. 
SUMMARY 
This bill changes the age of the persons served by the Homeless Youth Program from 
under 15 years of age to those 16 years of age or older and under 22 years of age. This 
bill repeals the requirements that the Department of Health and Human Services annually 
report to the Joint Standing Committee on Health and Human Services and repeals the 
data collection requirement concerning youth who refuse services from the program. 
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