An Act To Develop Juvenile Assessment Centers
Maine Legislature, Session 126, LD 1470
Committee: Criminal Justice and Public Safety
Sponsors: MASTRACCIO, TUTTLE

Legislative Document 
No. 1470 
H.P. 1051 
House of Representatives, April 30, 2013 
An Act To Develop Juvenile Assessment Centers 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative MASTRACCIO of Sanford. 
Cosponsored by Senator TUTTLE of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  34-A MRSA c. 8 is enacted to read: 
CHAPTER 8 
JUVENILE ASSESSMENT CENTERS 
§8001.  Juvenile assessment centers 
This section governs the establishment, organization and duties of juvenile 
assessment centers. 
1.  Definitions.  As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Board" means a juvenile assessment advisory board established pursuant to 
subsection 2. 
B.  "District" means one of the 8 prosecutorial districts as defined in Title 30-A, 
section 254. 
C.  "Juvenile assessment center" or "center" means a center composed of community-
operated facilities and programs that provides collocated central intake and screening 
services for juveniles referred to the department. 
D.  "Participating entity" means a substance abuse treatment provider, mental health 
treatment provider, law enforcement agency, school, health services provider, 
prosecuting attorney and defense attorney and any other agency serving juveniles. 
2.  Center; juvenile assessment advisory board.  A district may establish one center 
within the district.  A district that establishes a center shall establish a juvenile assessment 
advisory board to govern the center. 
A.  The following officers or agencies shall designate one representative to serve on 
the board: 
(1)  Each county sheriff; 
(2)  The department; 
(3)  The Department of Health and Human Services, Bureau of Child and Family 
Services; 
(4)  The Department of Education; 
(5)  The district attorney; 
(6)  The State Police; 
(7)  Each municipal police department; and 
(8)  A county mental health organization. 
Representatives from the following may also be invited: an association representing 
health service providers, an association of criminal defense lawyers and other state 
and local agencies serving juveniles. 
B.  The board shall organize itself and elect from among its members a chair.  Until a 
chair is elected, the district attorney serves as interim chair. 
C.  The chair may appoint additional members of the board as necessary to 
accomplish the purposes of this chapter. 
D.  The board shall adopt by a majority vote of its members a written juvenile 
assessment protocol.  The purpose of the protocol is to ensure coordination and 
cooperation of all agencies involved in the assessments and evaluations of juveniles 
referred to the department to increase efficiency and effectiveness of those agencies 
and to ensure that more effective treatment is provided for juveniles. 
3.  Juvenile assessment centers; memorandum of understanding; participants.  
On the execution of a memorandum of understanding, a center may be established.  A 
memorandum of understanding regarding participation in the operation of the center must 
be executed among the following participating entities: 
A.  The department; 
B.  The Department of Health and Human Services, Bureau of Child and Family 
Services; 
C.  Representatives of state, county and municipal law enforcement agencies; 
D.  A district attorney; 
E.  A juvenile defense attorney; 
F.  Community mental health treatment providers; 
G.  Community substance abuse treatment providers; and 
H.  Representatives of any other governmental or community entity that participates 
in assessing, evaluating and treating juveniles that wants to participate in the 
operation of the center. 
A memorandum of understanding under this subsection must include the agreement of 
each participating entity to cooperate in developing a cooperative team approach to 
assessing and evaluating juveniles and developing and maintaining effective treatment 
and rehabilitative services for juveniles.  A memorandum of understanding executed 
under this subsection may include the agreement of one or more participating entities to 
provide office space and administrative services necessary for the center's operation. 
4.  Juvenile assessment center duties.  A center shall: 
A.  Provide sufficient services needed to facilitate the initial screening of and case 
processing for juveniles, including, at a minimum, positive identification of the 
juveniles, detention admission screening, needs assessments, substance abuse 
screenings and assessments, physical and mental health screenings and diagnostic 
testing as appropriate.  The department shall provide sufficient staff and resources at 
each center to provide detention screening and intake services; 
B.  Establish a truancy program to serve as the central intake and screening of truant 
juveniles for a specific geographic area based upon written agreements between the 
center, local law enforcement agencies and local school boards.  A center may work 
cooperatively with any truancy program operating in the area serving the center; 
C.  Provide for the coordination and sharing of information among the participating 
entities to facilitate the screening of and case processing for juveniles referred to the 
department; and 
D.  Provide a forum for the department to conduct predisposition assessments and 
evaluations of juveniles.  Assessments and evaluations of a juvenile may be 
conducted by center staff while that juvenile is in a juvenile detention center awaiting 
placement in a residential commitment facility.  If feasible, a juvenile may be 
transported from a juvenile detention center to a center in order that an assessment or 
evaluation may be conducted.  Assessments and evaluations may include, but are not 
limited to, needs assessments, substance abuse evaluations, physical and mental 
health evaluations, psychological evaluations, behavioral assessments, educational 
assessments, aptitude testing and vocational testing.  To the extent possible, the 
juvenile's parents or guardians and other family members must be involved in the 
assessment and evaluation process.  All information, conclusions, treatment 
recommendations and reports derived from an assessment and evaluation of a 
juvenile must accompany the juvenile to the residential commitment facility in which 
the juvenile is committed. 
5.  Immunity from liability.  A person is immune from civil liability for a 
recommendation or an opinion given in good faith while acting in the official scope of the 
person's duties as a participating entity, staff member or volunteer of a center. 
6.  Confidential records.  The files, reports, records, communications and working 
papers used or developed in conducting intake, evaluations and assessments and 
providing services under this chapter are confidential and are not public records for 
purposes of Title 1, chapter 13, subchapter 1.  Information may be disclosed only to the 
following persons in the performance of their duties: 
A.  The participating entities that provide services to the juvenile; and 
B.  The attorney for the juvenile who is the subject of the confidential records. 
7.  Reports.  Beginning January 2015, the department shall annually report to the 
joint standing committees of the Legislature having jurisdiction over criminal justice and 
public safety matters and health and human services matters regarding the centers.  The 
report must include an overview of the number of centers, the protocols adopted by the 
centers and the effectiveness of the centers in evaluating, assessing and coordinating the 
treatment of juveniles. 
SUMMARY 
This bill develops guidelines for the establishment of juvenile assessment centers 
throughout the State.  One center may be established in each prosecutorial district and 
each center is responsible for providing collocated central intake and screening services 
for juveniles referred to the Department of Corrections. 
The bill establishes a juvenile assessment advisory board to govern each center.  A 
board must include representatives from the Department of Corrections; the county 
sheriff; the Department of Health and Human Services, Bureau of Child and Family 
Services; the district attorney; the State Police; municipal police departments; and county 
mental health organizations, and may include representatives from associations 
representing health service providers and associations of criminal defense lawyers and 
other state and local agencies serving juveniles.  Each board must prepare a written 
protocol. 
The bill provides that, on the execution of a memorandum of understanding, a center 
may be established.  The center must provide sufficient services needed to facilitate the 
initial screening of and case processing for juveniles, including, at a minimum, positive 
identification of the juveniles, detention admission screening, needs assessments, 
substance abuse screening and assessments, physical and mental health screening and 
diagnostic testing as appropriate.  The department must provide sufficient staff and 
resources at each center to provide detention screening and intake services.  The centers 
must also establish a truancy program to serve as the central intake and screening of 
truant juveniles for a specific geographic area based upon written agreements between the 
center, local law enforcement agencies and local school boards.  A center may work 
cooperatively with any truancy program operating in the area serving the center.  The 
centers must provide for the coordination and sharing of information among the 
participating agencies to facilitate the screening of and case processing for juveniles 
referred to the department and must provide a forum for the department to conduct 
predisposition assessments and evaluations of juveniles. 
The bill specifies that a person is immune from civil liability for a recommendation 
or an opinion given in good faith while acting in the official scope of the person's duties 
as a participating entity, staff person or volunteer of a center.  The bill also specifies that 
the files, reports, records, communications and working papers used or developed in 
providing services are confidential and are not public records for purposes of the Maine 
Revised Statutes, Title 1, chapter 13, subchapter 1. 
Beginning January 2015, the Department of Corrections must annually report to the 
joint standing committees of the Legislature having jurisdiction over criminal justice and 
public safety matters and health and human services matters regarding the centers.  The 
report must include an overview of the number of centers, the protocols adopted by the 
centers and the effectiveness of the centers in evaluating, assessing and coordinating the 
treatment of juveniles.