Juvenile Matters

As a juvenile, you do not have the same rights or the same responsibilities as an adult. In Maine, you become a legal adult at age 18. (There are some exceptions to this rule. For example, you cannot legally consume alcohol in Maine until you are 21.) This law means that until you reach the age of 18, you are treated differently in many areas, such as in employment and under the criminal law.

Employment

You are permitted to work in Maine under certain circumstances. The circumstances vary according to age. These restrictions protect your health and safety. They also make sure that work does not interfere with your education.

Work permits. If you are under 16, you must obtain a permit in order to work. You are eligible for a work permit if you are enrolled in school, not habitually truant or under suspension, and are passing a majority of your classes. You also have to have a legal status in the U.S. that allows you to work, such as citizenship, permanent residency or a work permit from the Immigration Service. (See Education for more information on who is able to work in the U.S.) In addition, you must have the permission of your parents. You should ask for a blank permit at your school or town office.

You must have a job offer to get a permit to work. Take proof of your age and proof of your parents' permission to the Superintendent's Office of your school district. A parent can come with you to sign the permit. The Superintendent's office will complete the form and mail it to the Department of Labor. The Department of Labor will review the form and validate the permit if the job meets all the other requirements (see below). You cannot work until the Department approves the permit. You must get a new permit for every new job you take until you are 16. This rule includes a job under the supervision of your parents.

Work restrictions. Restrictions prohibit employment in certain types of businesses in order to protect you from dangerous work. There are many prohibited occupations. The list below is not comprehensive. Check with the Maine Department of Labor if you are unsure about the job you wish to take.

In general, if you are under 16, you cannot work in:

manufacturing, mining, warehousing, construction, welding, or food processing (unless the work is clerical and segregated from the industrial work)
jobs involving power-driven machinery, toxic chemicals or paints, ladders, scaffolds, meat coolers or freezers, boilers or engine rooms, laundering or outside window-washing (above 10 feet off the ground), or meat coolers or freezers
jobs involving motor vehicle driving, amusement rides, or working at heights or in confined spaces
any job expressly prohibited for 16- and 17-year olds

If you are 16 or 17, you may not be employed in:

manufacturing brick, tile or explosives, mining, roofing, wrecking and demolition
jobs involving the use of power-driving woodworking, hoisting, metal work, paper product machines, or saws
direct contact with pesiticides
slaughtering or meat packing (including slicers, grinders and choppers)
motor vehicle driving
places involving nude entertainment
working alone in a cash-based business
placement at the scene of an emergency

Special rules apply if you are an apprentice, student learner, junior firefighter, child actor and involved in agricultural work. Check with the Department of Labor.

Hours and times. Maine law limits the number of hours you can work and the days you can work. If you are under 16, the permitted work hours are:

between 7 a.m. and 7 p.m. on school day, including Friday
between 7 a.m. and 7 p.m. during summer vacations
not during school hours

If you are under 16, the maximum hours are:

hours a day on school days, including Fridays
18 hours in any week when school is in session
40 hours in a week with no school
8 hours on days without school (weekends, holidays, storm days, vacation)
no more than six days in a row

If you are between 16 and 17 and enrolled in school, the permitted work hours are:

not before 7 a.m. on a school day
not before 5 a.m. on a nonschool day
not after 10 p.m. the night before a school day
not after midnight if there is no school the next day
not during school hours if you are under 17

If you are between 16 and 17 and enrolled in school, the maximum work hours are:

4 hours a day on a school day; 8 hours a day on the last school day of the week
20 hours per week in any week with 3 or more school days
50 hours a week each week with less than 3 scheduled school days, or during the first or last week of the school year
10 hours a day on weekends, holidays, vacations and teacher workshop days
no more than six days in a row

There are exceptions for students in approved alternative or vocational programs, agricultural workers, children's camp workers, child actors and minors employed in fishing occupations or excursion boats. Check with the Maine Department of Labor.

Juvenile Justice

For most crimes, you will be treated differently than an adult. The first purpose of the juvenile justice system is to make sure you are held responsible. The other purpose is to provide services that will help you. The District Court, when it handles juvenile justice matters, is called the "juvenile court." (See Government.)

If you are suspected of a juvenile crime and arrested*, you may have to go to juvenile court. Different terms are used in juvenile court. You have some of the same rights as adults: to remain silent, to know the charges, to have a lawyer, and to cross-examine witnesses. Prosecutors must prove the charges against you beyond a reasonable doubt*.

Arrest. If a police officer arrests you, she has two options. She can release you to a parent, guardian or other suitable person. If that is not possible, the officer can place you with an agency that provides places for juveniles to stay. You must agree to that arrangement. The officer must notify a juvenile community corrections officer and/or the office of the Attorney General.

Detention. Detention* is temporary confinement. If an officer believes you could hurt yourself or others, you can be placed in an emergency detention for up to 6 hours. After that, the officer must either release you or have you moved to appropriate facility. You cannot be detained with adults suspected or convicted of a crime unless there is a separate section for juveniles.

Detention hearing. The officer will ask for a hearing in the juvenile court within 48 hours (not including Saturdays, Sundays and holidays). This hearing will be about your detention, not the crime you are accused of. The judge will hear evidence to decide if you should continue to be detained. The judge will keep you in detention for several reasons. The first reason is to prevent you from harming yourself or others. The second is to make sure you will appear in court when ordered. The third is if there is probable cause* to believe you committed a juvenile crime. The judge can also hold you if you have violated a condition of release even if no new criminal activity is suspected.

Questioning. A police officer should have the consent of your parent or guardian to question you. If the officer has made an attempt to reach your parent or guardian and has been unable to do so, the officer can question you about continuing or imminent criminal activity. Regardless of the circumstances, you have a right to remain silent.

Adjudicatory hearing. An adjudicatory hearing* is the equivalent of a trial in adult criminal court. You do not have a right to trial by jury. A judge will determine if the prosecutor has proved the case against you beyond a reasonable doubt. If you have committed an offense that would be a misdemeanor, the proceedings are closed to the public. If you are found to have committed the juvenile offense, you will be found delinquent*. This term is equivalent to the term "guilty" in adult criminal court.

Bind-over hearing. In some circumstances you can be tried as adult, such as if you committed the adult crime of murder or a Class A, B, or C crime. The matter will be decided in a bind-over hearing*. At this hearing, the juvenile court judge will consider many factors. She will consider the seriousness of the crime, your characteristics, and public safety. To be tried as an adult, the judge must determine two things. The first thing is that there is probable cause to believe you committed the crime. The second is that a preponderance of the evidence* indicates you should be tried as an adult. The judge will bind you over to the Superior Court. In that case, you can be held in detention facilities designed for adults.

Dispositional hearing. A disposition* in juvenile court is the same as a sentence in adult court. The judge decides this matter at the dispositional hearing*. The judge will consider factors such as: the stability of your family, your school records, psychological reports (if any), and prior offenses. There are many types of dispositions. You and your family may have to receive treatment. You may have participated in a supervised work or service program. You may have to make restitution to the victim of the juvenile crime. You may have to turn in your firearms. Your driver's license may be suspended. In some cases, you may be committed to the Maine Department of Human Services (DHS). You may also receive probation with a suspended sentence to a correctional facility.

Appeals. Appeals from juvenile court to the Superior Court must be made within 5 days. Your parent or guardian must make the appeal. If you are emancipated*, you can appeal.

Non-criminal matters in juvenile court. Police can take you into custody* for many reasons, such as if you are in danger, appear lost, or have run away from home. Being taken into custody by police is not the same as an arrest. You may be placed in interim care* for no longer than 6 hours. The rules about detention, notifying your parent or guardian and juvenile community corrections officers apply. In addition, DHS will be notified. Your family may be encouraged to accept social services. You may also be required to appear in juvenile court. A judge will decide in a series of hearings what is in your best interests.

Immigration issues and juvenile issues. If you are not a citizen of the United States, breaking criminal laws can lead to immigration problems. (See Criminal Law about the impact of criminal issues for immigrants who are treated as adults.) In general, juvenile dispositions will not put you at risk of deportation. They can cause problems with becoming a U.S. permanent resident or citizen. If you come into contact with the juvenile court or with DHS due to having been abused, neglected or abandoned, and if you don't have any legal immigration status in the U.S., you may be able to get residency based on being a youth at risk. These are complicated cases, and you, or an adult responsible for your care, should speak with an experienced immigration advocate as soon as possible if you are in this situation. (See Resources.)

Emancipation

If you are at least 16 years old and want to live on your own, emancipation may be an option for you. Emancipated minors are no longer under the control of their parents. The District Court will determine if you should be emancipated. (See Government.)

If you are between 16 and 18, refuse to live with your parents, and want to be emancipated, you can ask the District Court to appoint a free lawyer for you. The lawyer will file a petition, or request, for emancipation. After receiving the petition, the judge may make you go to mediation with your parents. A court-appointed mediator will see if you can reach an agreement with your parents before going to court. This agreement may give suggestions, such as living with a relative for the rest of the year and then returning home. Or, your parents could agree to your emancipation. If you agree with the terms, a formal agreement will be made. However, a judge will have to approve the agreement before it becomes final.

At the hearing with the judge, you will be expected to have a plan for living on your own. The judge will be looking for proof of a residence, health care, educational options or a job. The judge will not want to grant your petition for emancipation if you plan on receiving public assistance to meet your basic needs. You will need to bring documentation to show that the plan will work.

Some of the things the judge will be looking for are:

a note from a landlord or the person you are living with.
information about your job. A pay stub will help prove that you are working.
information about any state benefits you receive (TANF, food stamps, financial aid)
a budget that includes your basic needs.
information about any agencies that will be helping you.

If your petition is denied, the judge may recommend that DHS provide services and counseling to you and your family. You may appeal the judge's decision. You will only have 5 business days appeal. You should talk to your lawyer immediately.

Resources

http://www.state.me.us/labor/bls/minorsguide.htm has comprehensive material on employment for minors in Maine.

Immigration Legal Aid in Maine

Immigrant Legal Advocacy Project
309 Cumberland Avenue, Suite 201
Portland, Maine 04101
207-780-1593 or 1-800-497-8505
info@ilapmaine.org
Services are free or low-fee depending on income
Walk-in consultations with an immigration lawyer are available every Friday. Call for hours.

KIDS Legal Aid of Maine www.kidslegalaid.org
Portland Office:
88 Federal Street
P.O. Box 547
Portland ME 04112
Phone: 774-8246
TTY (207) 828-2308

Bangor Office:
61 Main Street, Room 41
Bangor ME 04401
Phone: 942-8241 x217
TTY (207) 942-1060

Or call toll free: (886) 624-7787

Private Immigration Lawyers: See the "Immigration Law" listing under "Lawyers" in the Yellow Pages of the phone book