Maine Revised Statutes Title 15 Sec. 3311 – Social study and other reports
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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, 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 legal custodian of the juvenile must be informed that information for the report is being gathered.
[PL 2019, c. 525, §24 (AMD).]
Terms Used In Maine Revised Statutes Title 15 Sec. 3311
- 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. See Maine Revised Statutes Title 15 Sec. 3003
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person lawfully invested with the power, and charged with the duty, of taking care of a person and managing the property and rights of the person, who, because of age, is considered incapable of administering the person's own affairs. See Maine Revised Statutes Title 15 Sec. 3003
- Juvenile: means a person who had not attained 18 years of age at the time the person allegedly committed a juvenile crime. See Maine Revised Statutes Title 15 Sec. 3003
- Juvenile Court: means the District Court exercising the jurisdiction conferred by section 3101. See Maine Revised Statutes Title 15 Sec. 3003
- Juvenile crime: has the meaning set forth in section 3103. See Maine Revised Statutes Title 15 Sec. 3003
- Legal custodian: means a person who has legal custody of a juvenile. See Maine Revised Statutes Title 15 Sec. 3003
- Parent: means either a natural parent or the adoptive parent of a juvenile. See Maine Revised Statutes Title 15 Sec. 3003
- Testify: Answer questions in court.
2. Notice of right to inspect. The court shall inform the juvenile or the juvenile’s parent or parents, guardian or legal custodian of the right to inspect any written report or other material specified in subsection 1.
[PL 2019, c. 525, §25 (AMD).]
3. Requirement for dispositional hearing. If ordered by the court, the Department of Corrections shall make a social study and prepare a written report on every juvenile adjudicated as having committed a juvenile crime and shall present that report to the juvenile court prior to that juvenile’s dispositional hearing. The person who prepared the report may be ordered to appear, as provided in subsection 1.
[PL 1995, c. 253, §2 (AMD).]
SECTION HISTORY
PL 1977, c. 520, §1 (NEW). PL 1977, c. 664, §33 (AMD). PL 1979, c. 681, §§26,27 (AMD). PL 1983, c. 480, §B16 (AMD). PL 1995, c. 253, §2 (AMD). PL 2019, c. 525, §§24, 25 (AMD).