An Act To Clarify Provisions of the Maine Juvenile Code Regarding Inspection, Disclosure and Dissemination of Juvenile Case Records and To Change Gender-specific Terms
Maine Legislature, Session 129, LD 1573
Committee: Judiciary
Sponsors: CARDONE, TALBOT ROSS
Amends: 15 MRSA §3003, 15 MRSA §3101, 15 MRSA §3304, 15 MRSA §3306, 15 MRSA §3307, 15 MRSA §3308, 15 MRSA §3308-A, 15 MRSA §3308-B, 15 MRSA §3311, 15 MRSA §3313, 15 MRSA §3314, 15 MRSA §3316, 15 MRSA §3501, 15 MRSA §3503, 15 MRSA §3506-A, 20-A MRSA §1055

Legislative Document
No. 1573
H.P. 1135
House of Representatives, April 16, 2019
An Act To Clarify Provisions of the Maine Juvenile Code Regarding 
Inspection, Disclosure and Dissemination of Juvenile Case Records 
and To Change Gender-specific Terms
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CARDONE of Bangor.
Cosponsored by Representative: TALBOT ROSS of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §3003, sub-§3, as amended by PL 1979, c. 681, §38, is further 
amended to read:
3.  Bind-over hearing. "Bind over 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 the juvenile were an adult.
Sec. 2.  15 MRSA §3003, sub-§§4-C, 4-D and 5-A are enacted to read:
4-C.  Court-generated information.  "Court-generated information" means records, 
information and documents created by the Juvenile Court to document activity in a case, 
including docket entries and other similar records.
4-D.  Disclosure.  "Disclosure" means the transmission of information contained in 
juvenile case records by any means, including orally, in writing or electronically.
5-A.  Dissemination.  "Dissemination" means release of, transmission of and access 
to information contained in juvenile case records expressly authorized by statute, 
executive order, court rule, court decision or court order.
Sec. 3.  15 MRSA §3003, sub-§6, as enacted by PL 1977, c. 520, §1, is amended 
to read:
6.  Emancipation. "Emancipation" means the release of a juvenile from the legal 
control of his the juvenile's parents.
Sec. 4.  15 MRSA §3003, sub-§8, as enacted by PL 1977, c. 520, §1, is amended 
to read:
8.  Guardian. "Guardian" means a person lawfully invested with the power, and 
charged with the duty, of taking care of the a person and managing the property and 
rights of another the person, who, because of age, is considered incapable of 
administering his the person's own affairs.
Sec. 5.  15 MRSA §3003, sub-§10-A is enacted to read:
10-A.  Inspection.  "Inspection" means access to and review of juvenile case records 
in a manner prescribed by the Supreme Judicial Court.
Sec. 6.  15 MRSA §3003, sub-§14-C is enacted to read:
14-C.  Juvenile case records.  "Juvenile case records" means all records, regardless 
of form or means of transmission, that comprise a juvenile court file of an individual 
case, including court-generated information, information and documents filed by filers, 
transcripts of depositions, hearings, proceedings and interviews, documentary exhibits in 
the custody of the clerk of the court, electronic records, videotapes and records of other 
proceedings filed with the clerk of the court. "Juvenile case records" does not include 
administrative or operational records of the judicial branch.
Sec. 7.  15 MRSA §3003, sub-§19-B is enacted to read:
19-B.  Officer of the court.  "Officer of the court" means a judicial officer, including 
a judge, an attorney or an employee of the court including a clerk or a marshal.
Sec. 8.  15 MRSA §3003, sub-§23, as amended by PL 1979, c. 681, §2, is further 
amended to read:
23.  Probation. "Probation" means a legal status created by court order in cases 
involving a juvenile adjudicated as having committed a juvenile crime, which that 
permits the juvenile to remain in his the juvenile's own home or other placement 
designated by the Juvenile Court subject to revocation for violation of any condition 
imposed by the court.
Sec. 9.  15 MRSA §3101, sub-§2, ¶D, as amended by PL 1979, c. 681, §38, is 
further amended to read:
D.  Juvenile Courts shall have exclusive original jurisdiction over proceedings in 
which an adult is alleged to have committed a juvenile crime before attaining his 18th 
birthday 18 years of age. For purposes of such proceedings such an a proceeding 
under this paragraph, the adult shall be is considered a juvenile.
Sec. 10.  15 MRSA §3101, sub-§4, ¶A, as amended by PL 1979, c. 681, §38, is 
further amended to read:
A.  When a petition alleges that a juvenile has committed an act which that would be 
murder or a Class A, B or C crime if committed by an adult, the court shall, upon 
request of the prosecuting attorney, continue the case for further investigation and for 
a bind-over hearing to determine whether the jurisdiction of the Juvenile Court over 
the juvenile should be waived. In the event of such If a continuance is granted under 
this paragraph, the court shall advise the juvenile and his the juvenile's parent or 
parents, guardian or legal custodian of the possible consequences of a bind-over 
hearing, the right to be represented by counsel, and other relevant constitutional and 
legal rights in connection therewith.
Sec. 11.  15 MRSA §3101, sub-§4, ¶G, as enacted by PL 1979, c. 512, §2, is 
amended to read:
G.  In all prosecutions for subsequent crimes, any person bound over and convicted 
as an adult shall must be proceeded against as if he the juvenile were an adult.
Sec. 12.  15 MRSA §3304, sub-§6, as enacted by PL 1977, c. 520, §1, is amended 
to read:
6.  Summons of necessary parties.  The court on its own motion or on the motion of 
any party may require the appearance of any person it deems the court determines 
necessary to the action and authorize the issuance of a summons directed to such that 
person.  Any party to the action may request the issuance of compulsory process by the 
court requiring the attendance of witnesses on his own the party's behalf or on the behalf 
of the juvenile.
Sec. 13.  15 MRSA §3306, sub-§1, as amended by PL 1977, c. 664, §25, is 
further amended to read:
1.  Notice and appointment. 
A.  At his a juvenile's first appearance before the court, the juvenile and his the 
juvenile's parent or parents, guardian or legal custodian shall must be fully advised by 
the court of their constitutional and legal rights, including the juvenile's right to be 
represented by counsel at every stage of the proceedings. At every subsequent 
appearance before the court, the juvenile shall must be advised of his the juvenile's 
right to be represented by counsel.
B.  If the juvenile requests an attorney and if he the juvenile and his the juvenile's 
parent or parents, guardian or legal custodian are found to be without sufficient 
financial means, counsel shall must be appointed by the court.
C.  The court may appoint counsel without such a request under paragraph B if it 
deems the court determines representation by counsel necessary to protect the 
interests of the juvenile.
Sec. 14.  15 MRSA §3307, sub-§1-A, as amended by PL 1999, c. 624, Pt. B, §17, 
is further amended to read:
1-A.  Disclosure of identity.  A law enforcement officer, officer of the court or, 
juvenile community corrections officer or other representative of the Department of 
Corrections may not release disclose 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.
Sec. 15.  15 MRSA §3308, as amended by PL 2013, c. 267, Pt. B, §6, is further 
amended to read:
§3308.  Juvenile case records; inspection
1.  Inspection. No person may inspect the records of juvenile proceedings except as 
provided in this section.
1-A.  Confidentiality.  Juvenile case records are confidential and may not be 
disclosed, disseminated, inspected or obtained except as expressly authorized by this Part.  
The court may not order the disclosure, dissemination or inspection of juvenile case 
records unless the juvenile, the juvenile's attorney or, if the juvenile does not have an 
attorney, the juvenile's attorney of record and the prosecuting attorney are given notice of 
the request and an opportunity to be heard regarding the request.  In deciding whether to 
release any portion of juvenile case records under this subsection, the court shall consider 
the purposes of this Part and for which the request is being made and may restrict the 
disclosure, dissemination or inspection of the juvenile case records in any manner the 
court determines necessary or appropriate.
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., are open to 
inspection by:
A.  The victim;
B.  If the victim is a minor, a parent or parents, guardian or legal custodian of the 
victim;
C.  A licensed professional investigator under Title 32, chapter 89; and
D.  If the victim cannot act on the victim's own behalf due to death, age, physical or 
mental disease or disorder or intellectual disability or autism or other reason, an 
immediate family member, guardian or legal custodian of the victim.
3.  Access to juvenile case records by parties.  Records of court proceedings and of 
the other records described in subsection 5 Juvenile case records must be open to 
inspection by and, upon request, be disclosed to the juvenile, the juvenile's parent or 
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 Juvenile case records may also be open to inspection by and, upon 
request, be disclosed to 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.  Access to juvenile case records by victims.  The name of a juvenile subject to 
Juvenile Court proceedings shall must be made known by the Juvenile Court to the victim 
of the juvenile crime on his upon the request. of:
A.  The victim;
B.  If the victim is a minor, a parent or parents, guardian or legal custodian of the 
victim;
C.  A licensed professional investigator under Title 32, chapter 89; or
D.  If the victim cannot act on the victim's own behalf due to death, age, physical or 
mental disease or disorder or intellectual disability or autism or other reason, an 
immediate family member, guardian or legal custodian of the victim.
4.  Access to juvenile case records by other persons.  With the consent of the court, 
juvenile case records of court proceedings, excluding the names of the juvenile, his and 
the juvenile's parent or parents, guardian, or legal custodian, his the juvenile's attorney or 
any other parties, may be inspected by or disseminated to persons having a legitimate 
interest in the proceedings or by persons conducting pertinent research studies.
5.  Access to other records.  Police Other than the petition, record of the hearing and 
order of adjudication that are open to public inspection under section 3307, police 
records, juvenile community corrections officers' records and all other reports of social 
and clinical studies contained in juvenile case records may not be open to inspection or 
disseminated 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 juvenile case 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 juvenile case 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 703, subsection 1.
(2)  "Administration of juvenile criminal justice" means activities related to the 
apprehension or summonsing, detention, conditional or unconditional release, 
informal adjustment, initial appearance, bind over, adjudication, disposition, 
custody and supervision or rehabilitation of accused juveniles or adjudicated 
juvenile criminal offenders. It includes the collection, storage and dissemination 
of juvenile crime information juvenile case records.
(3)  "Criminal justice agency" has the same meaning as found in Title 16, section 
703, subsection 4.
(4)  "Dissemination" has the same meaning as found in Title 16, section 703, 
subsection 6.
B.  Nothing in this section precludes sharing of any information contained in the 
juvenile case 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 contained in 
the juvenile case 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 juvenile 
case records of the Department of Corrections if the person concerning whom the 
juvenile case records are sought, the person's legal guardian, if any, and, if the person 
is a minor, the person's parent or legal parents, guardian or legal custodian has given 
informed written consent to the disclosure of the juvenile case 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 case records sealed.  This subsection governs the sealing of juvenile 
case 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 juvenile case records pertaining to the juvenile 
crime and its disposition, and to any prior juvenile case 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 juvenile 
case 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 case 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 juvenile 
case records of which have been sealed, as if the juvenile crimes had never occurred, 
without being subject to any sanctions.
8-A.  Transmission of information about a committed juvenile.  Information 
regarding a committed juvenile must be provided as follows:
A.  If a juvenile is committed to the Department of Corrections or the Department of 
Health and Human Services, the court shall transmit with the commitment order a 
copy of the petition, the order of adjudication, copies of any social studies, any 
clinical or educational reports and information pertinent to the care and treatment of 
the juvenile; and
B.  The Department of Corrections or the Department of Health and Human Services 
shall provide the court with any information concerning a juvenile committed to 
either department's care that the court at any time may request.
9.  Victim's Compensation Board.  Notwithstanding any other provision of this 
section, juvenile case records of Juvenile Court proceedings and the police records and 
other records described in subsection 5 must be open to inspection by or be disseminated 
to 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.
Sec. 16.  15 MRSA §3308-A, sub-§1, ¶C, as enacted by PL 2013, c. 267, Pt. D, 
§1, is repealed.
Sec. 17.  15 MRSA §3308-A, sub-§2, as enacted by PL 2013, c. 267, Pt. D, §1, is 
amended to read:
2.  Information part of proceeding.  To the extent the juvenile intelligence and 
investigative record information has been made part of the court juvenile case records of 
a juvenile proceeding, dissemination of that juvenile intelligence and investigative record 
information by a Maine criminal justice agency must be as provided by section 3307 and 
section 3308.
Sec. 18.  15 MRSA §3308-A, sub-§3, ¶D, as enacted by PL 2013, c. 267, Pt. D, 
§1, is amended to read:
D.  A juvenile crime victim or that victim's agent or attorney if authorized by:
(1)  Statute; or
(2)  A court order pursuant to section 3307 or 3308.
As used in this paragraph, "agent" means a licensed professional investigator or an 
immediate family member if, due to death, age, physical or mental disease, disorder 
or intellectual disability or autism, the victim cannot realistically act on the victim's 
own behalf;
Sec. 19.  15 MRSA §3308-B is enacted to read:
§3308-B.  Mandatory notice to schools
1.  Mandatory notice to school administrative unit.  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 prosecuting 
attorney in the district where the charges were brought shall provide to the superintendent 
of the juvenile's school administrative unit or the superintendent's designee:
A.  The name of the juvenile;
B.  The offense alleged or adjudicated;
C.  The date of the offense;
D.  The date of the petition;
E.  The date of the adjudication, if applicable; and
F.  The location of the court where the case was brought, if applicable.
2.  Confidentiality.  Information provided under subsection 1 is confidential, may 
not be distributed except as provided in subsection 1 and in Title 20-A, section 1055, 
subsection 11 and may not be included in the juvenile's education record.
Sec. 20.  15 MRSA §3311, sub-§1, as amended by PL 1979, c. 681, §26, is 
further amended to read:
1.  Reports as evidence. For the purpose of determining proper disposition of a 
juvenile who has been adjudicated as having committed a juvenile crime, written reports 
and other material relating to the juvenile's mental, physical and social history may be 
received by the court along with other evidence; but the court, if so requested by the 
juvenile, his the juvenile's parent or parents, guardian or legal custodian, or other party, 
shall require that the person who wrote the report or prepared the material appear as a 
witness and be subject to examination by the court and any party. In the absence of the 
request, the court may order the person who prepared the report or other material to 
testify if it finds that the interests of justice require it. The parent or parents, guardian or 
other legal custodian of the juvenile shall be informed that information for the report is 
being gathered.
Sec. 21.  15 MRSA §3311, sub-§2, as amended by PL 1979, c. 681, §27, is 
further amended to read:
2.  Notice of right to inspect.  The court shall inform the juvenile or his the juvenile's 
parent or parents, guardian or legal custodian of the right of examination concerning to 
inspect any written report or other material specified in subsection 1.
Sec. 22.  15 MRSA §3313, as amended by PL 1995, c. 690, §5, is further amended 
to read:
§3313.  Criteria for withholding an institutional disposition
1.  Standard.  The court shall enter an order of disposition for a juvenile who has 
been adjudicated as having committed a juvenile crime without imposing placement in a 
secure institution as disposition unless, having regard to the nature and circumstances of 
the crime and the history, character and condition of the juvenile, it finds that his the 
confinement of the juvenile is necessary for protection of the public because: 
A.  There is undue risk that, during the period of a suspended sentence or probation, 
the juvenile will commit another crime;
B.  The juvenile is in need of correctional treatment that can be provided most 
effectively by his the juvenile's commitment to an institution; or
C.  A lesser sentence will depreciate the seriousness of the juvenile's conduct.
2.  Additional consideration.  The following grounds, while not controlling the 
discretion of the court, shall must be accorded weight against ordering placement in a 
secure institution:
A.  The juvenile's conduct neither caused nor threatened serious harm;
B.  The juvenile did not contemplate that his the juvenile's conduct would cause or 
threaten serious harm;
C.  The juvenile acted under a strong provocation;
D.  There were substantial grounds tending to excuse or justify the juvenile's conduct, 
though failing to establish a defense;
E.  The victim of the juvenile's conduct induced or facilitated its the commission of 
the conduct;
F.  The juvenile has made or has agreed to make restitution to the victim of his the 
juvenile's conduct for the damage or injury that the victim sustained;
G.  The juvenile has not previously been adjudicated to have committed a juvenile 
crime or has led a law-abiding life for a substantial period of time prior to the conduct 
which that formed the basis for the present adjudication;
H.  The juvenile's conduct was the result of circumstances unlikely to recur;
I.  The character and attitudes of the juvenile indicate that he the juvenile is unlikely 
to commit another juvenile crime;
J.  The juvenile is particularly likely to respond affirmatively to probation; and
K.  The confinement of the juvenile would entail excessive hardship to himself the 
juvenile or his the juvenile's dependents.
3.  Statement of reasons accompanying disposition for juvenile adjudicated of 
murder or a Class A, Class B or Class C crime.  In a disposition for a juvenile crime 
that if committed by an adult would be murder or a Class A, Class B or Class C crime, 
the court shall state on the record and in open court the court's reasons for ordering or not 
ordering placement of the juvenile in a secure institution.
Sec. 23.  15 MRSA §3314, sub-§1, ¶A, as amended by PL 1987, c. 400, §2, is 
further amended to read:
A.  The court may allow the juvenile to remain in the legal custody of his the 
juvenile's parent or parents or a, guardian or legal custodian under such conditions as 
the court may impose. Conditions may include participation by the juvenile, his the 
juvenile's parent or parents or legal, guardian or legal custodian in treatment services 
aimed at the rehabilitation of the juvenile and improvement of the home environment.
Sec. 24.  15 MRSA §3316, sub-§1, as repealed and replaced by PL 1999, c. 127, 
Pt. B, §6 and amended by PL 2003, c. 689, Pt. B, §6, is repealed.
Sec. 25.  15 MRSA §3501, sub-§1, as enacted by PL 1977, c. 520, §1, is amended 
to read:
1.  Interim care. A juvenile may be taken into interim care by a law enforcement 
officer without order by the court when the officer has reasonable grounds to believe that: 
A.  The juvenile is abandoned, lost or seriously endangered in his the juvenile's 
surroundings and that immediate removal is necessary for his the juvenile's 
protection; or
B.  The juvenile has left the care of his the juvenile's parent or parents, guardian or 
legal custodian without the consent of such person the parent or parents, guardian or 
legal custodian.
Sec. 26.  15 MRSA §3501, sub-§8, as repealed and replaced by PL 1981, c. 619, 
§9 and amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:
8.  Interim care, voluntary services. The Department of Health and Human Services 
shall inform the juvenile and his family the juvenile's parent or parents, guardian or legal 
custodian of social services and encourage them to voluntarily accept social services.
Sec. 27.  15 MRSA §3503, as repealed and replaced by PL 1977, c. 664, §48, is 
amended to read:
§3503.  Juveniles, voluntary return home
If a juvenile who has been taken into interim care under the provisions of section 
3501 and his the juvenile's parent or parents, guardian or legal custodian agree to the 
juvenile's return home, the parent or parents, guardian or legal custodian shall cause the 
juvenile to be transported home as soon as practicable. If the parent or parents, guardian 
or legal custodian fail to arrange for the transportation of the juvenile, he shall the 
juvenile must be transported at the expense of the parent or parents, guardian or legal 
custodian.
Sec. 28.  15 MRSA §3506-A, sub-§1, as enacted by PL 1981, c. 619, §12, is 
amended to read:
1.  Petition for emancipation.  If a juvenile is 16 years of age or older and refuses to 
live in the home provided by his the juvenile's parent or parents, guardian or legal 
custodian, he the juvenile may request the District Court in the division in which his the 
juvenile's parent or parents, guardian or legal custodian resides to appoint counsel for him 
the juvenile to petition for emancipation.
Sec. 29.  15 MRSA §3506-A, sub-§2, ¶C, as enacted by PL 1981, c. 619, §12, is 
amended to read:
C.  The name and residence of his the juvenile's parent or parents, guardian or legal 
custodian.
Sec. 30.  15 MRSA §3506-A, sub-§4, as enacted by PL 1981, c. 619, §12, is 
amended to read:
4.  Order of emancipation.  The court shall order emancipation of the juvenile if it 
determines that: 
A.  The juvenile has made reasonable provision for his the juvenile's room, board, 
health care and education, vocational training or employment; and
B.  The juvenile is sufficiently mature to assume responsibility for his the juvenile's 
own care and it is in his the juvenile's best interest to do so.
Sec. 31.  20-A MRSA §1055, sub-§11, as amended by PL 2003, c. 190, §2, is 
further amended to read:
11.  Notification teams.  Within 10 days after receiving notice from a district 
attorney of an alleged juvenile offense or juvenile offense, pursuant to Title 15, section 
3308 3308-B, subsection 7, paragraph E 1 or after receiving notice from a law 
enforcement officer of credible information that indicates an imminent danger to the 
safety of students or school personnel pursuant to Title 15, section 3301-A, the 
superintendent shall convene a notification team.  The notification team must consist of 
the administrator of the school building or the administrator's designee, at least one 
classroom teacher to whom the student is assigned, a parent or guardian of the student 
and a guidance counselor.  The notification team is entitled to receive the information 
described in Title 15, section 3308 3308-B, subsection 7, paragraph E, subparagraphs (1) 
to (6) 1, paragraphs A to F and in Title 15, section 3301-A.  The notification team shall 
also determine on the basis of need which school employees are entitled to receive that 
information.
Confidentiality of this criminal justice information regarding juveniles must be ensured at 
all times, and the information may be released only under the conditions of this 
subsection.  The superintendent shall ensure that confidentiality training is provided to all 
school employees who have access to the information.
SUMMARY
This bill amends provisions in the Maine Juvenile Code, including:
1.  Changing gender-specific terms to gender-neutral terms;
2.  Creating definitions, including a definition for "juvenile case records" to include 
all information, records or documents that may be contained in the court records of a 
juvenile for an individual case; and
3. Requiring that juvenile case records be kept confidential and only disclosed, 
disseminated, inspected or obtained by certain parties or certain agencies or by court 
order.