Juveniles in the Custody of the Department of Health & Human Services or in Interim Care

DHHS Custody

If a juvenile is adjudicated as having committed a juvenile crime, the court can order the juvenile to be placed in the custody of the Department of Health and Human Services (DHHS). The court may order this as part of the disposition of the case if the juvenile's safety will be at risk where the juvenile is currently living.

If the court places a juvenile in the custody of DHHS, DHHS is considered to be the juvenile's guardian with both physical and legal custody. DHHS will decide:

  • Where the juvenile will live;
  • Who the juvenile will live with;
  • What school the juvenile will attend;
  • What general rules will be in place for the juvenile; and
  • What contact the juvenile will have with the juvenile’s parent, guardian, or legal custodian.

Rights of parents, guardians, and legal custodians

Parents, guardians, and legal custodians have the following rights when the court is considering placing a juvenile in the custody of DHHS:

  • Notice to the juvenile's parent, guardian, or legal custodian at least 10 days before the court date to determine if the juvenile will be placed in DHHS custody;
  • The opportunity to be heard at the hearing; and
  • Help from a court-appointed lawyer at no cost if the parent, guardian, or legal custodian cannot afford a lawyer.

15 M.R.S. § 3314(1)(C-1) (Disposition). See Hearing Notice to Parents/Legal Custodian for Consideration of DHHS Custody (JV-016).

Appointment of a Guardian ad Litem

If the court is considering placing a child in the custody of DHHS, the court must appoint a Guardian ad litem (GAL) to help make that decision.

The GAL will talk to all of the individuals involved in the case, including the juvenile. The GAL may also talk to others such as staff at the juvenile’s school, doctors, or other relatives. After speaking with the juvenile and others, the GAL then writes a report for the court recommending what next steps are in the best interest of the juvenile.

Reunification Services

DHHS must provide reunification services to the juvenile’s parents, guardians, or legal custodians. These services are designed to help the parents, guardians, or legal custodians do the work needed in order to get custody back of the juvenile. Sometimes the judge will require as part of a juvenile's disposition that the juvenile take part in the reunification services. Other times the juvenile's participation will be optional. Services may include counseling.

The judge will review the case at least every six months. This review is called a "judicial review." There are certain things that need to be reviewed at each of these court dates, including where the juvenile is living and how the  parents or guardians are doing with reunification services. A juvenile who is 20 years of age or younger will be appointed a lawyer to be represented at the judicial reviews.

22 M.R.S. § 4041 (Departmental responsibilities).

22 M.R.S.  § 4038 (Mandated review; review on motion).

Interim Care

A police officer may take a juvenile into interim care for a short period of time. This may happen if the police officer believes that a juvenile:

  • Is lost or has been abandoned;
  • Could be in a dangerous situation; and/or
  • Has left the juvenile’s parents, guardians, or legal custodian’s care without permission.

Interim care is not an arrest

  • Interim care is not an arrest.
  • The interim care will not be in police records.  
  • The police will not take the juvenile’s fingerprints or send the juvenile’s name, address, photograph, or other information to any agency except to help return the juvenile home.
  • The police will not hold the juvenile involuntarily for more than six hours.

When an officer takes a juvenile into interim care, the officer will contact DHHS as soon as possible. DHHS will choose a place where the juvenile will stay, which is not a jail or a secure detention facility.

The officer or DHHS will notify the juvenile’s parent, guardian, or legal custodian of the juvenile’s whereabouts as soon as possible. DHHS will offer voluntary social services to the juvenile and their family and encourage the juvenile and family members to voluntarily accept social services.  

15 M.R.S.§ 3501 (Interim care).