§ 15 §3204 — Statements not admissible in evidence

Statements of a juvenile or of a juvenile's parents, guardian or legal custodian made to a juvenile community corrections officer during the course of a preliminary investigation are not admissible in evidence at an adjudicatory hearing against that juvenile if a petition based on the same facts is later filed.
Statements of a juvenile or of a juvenile's parents, guardian or legal custodian made during the course of screening and assessment for participation in a juvenile drug treatment court program if made to a juvenile community corrections officer or to another person reporting on or supervising the juvenile in connection with the program are not admissible in evidence at an adjudicatory or probation violation hearing against that juvenile if a petition or motion to revoke probation based on the same facts is the subject of the hearing.
Statements of a juvenile or of a juvenile's parents, guardian or legal custodian made to a juvenile community corrections officer during an informal adjustment or during a restorative justice program or made to a clinical provider during substance use disorder, sexual behavior or mental health assessment or treatment attended by the juvenile are not admissible in evidence during the State's case in chief at an adjudicatory hearing against that juvenile on a petition based on the same facts that caused the referral for informal adjustment, restorative justice, assessment or treatment.
Statements of a juvenile or of a juvenile's parents, guardian or legal custodian made during school disciplinary proceedings, including but not limited to manifestation determinations, special education meetings, suspension meetings or expulsion hearings, are not admissible in evidence during the State's case in chief at an adjudicatory hearing against the juvenile on a petition based on the same facts that caused the need for the school disciplinary proceedings.
As used in this section, "restorative justice program" means a program in which offenders take responsibility for causing harm and engage in a facilitated process with victims, family members, community members or advocates and others impacted by the harm that focuses on repairing the harm, addressing needs and preventing future harm.

Legislative History

PL 1977, c. 520, §1 (NEW). PL 1977, c. 664, §20 (RPR). PL 1979, c. 681, §14 (AMD). PL 1985, c. 439, §10 (AMD). PL 1989, c. 741, §10 (AMD). PL 1997, c. 421, §A1 (AMD). PL 1999, c. 624, §B7 (AMD). PL 2019, c. 220, §§1, 2 (AMD).