CHAPTER 475
H.P. 858 - L.D. 1163
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §4035, sub-§4, as amended by PL 1995, c. 481, §2, is further amended to read:
4. Final protection order. The court shall issue a final protection order within 18 12 months of the filing of the child protection petition unless good cause is shown why the order should not be issued within that time period.
Notwithstanding any other provision of this subsection, if the court makes a finding pursuant to section 4055, subsection 1-A 2, then the court shall issue a final protection order within 12 9 months of the filing of the child protection petition unless good cause is shown why the order should not be issued within that time period. Good cause does not include a scheduling problem. if:
A. The parent has acted toward a child in a manner that is heinous or abhorrent to society or has failed to protect a child in a manner that is heinous or abhorrent to society, without regard to the intent of the parent;
B. The victim of any of the following crimes was a child for whom the parent was responsible or the victim was a child who was a member of a household lived in or frequented by the parent and the parent has been convicted of:
(1) Murder;
(2) Felony murder;
(3) Manslaughter;
(4) Aiding or soliciting suicide;
(5) Aggravated assault;
(6) Rape;
(7) Gross sexual misconduct or gross sexual assault;
(8) Sexual abuse of minors;
(9) Incest;
(10) Kidnapping;
(11) Promotion of prostitution; or
(12) A comparable crime in another jurisdiction;
C. The child has been placed in the legal custody or care of the department, the parent has a chronic substance abuse problem and the parent's prognosis indicates that the child will not be able to return to the custody of the parent within a reasonable period of time, considering the child's age and the need for a permanent home. The fact that a parent has been unable to provide safe care of a child for a period of 12 months due to substance abuse constitutes a chronic substance abuse problem;
D. The child has been placed in the legal custody or care of the department, the court has previously terminated parental rights to another child who is a member of the same family and the parent continues to lack the ability or willingness to show the court that the parent has sought services that would rehabilitate the parent, or the parent can not show evidence that an additional period of services would result in reunification in a time reasonably calculated to meet the needs of the child and the child's need for a permanent home; or
E. The child has been placed in the legal custody or care of the department for at least 12 months and the parents have been offered or received services to correct the situation but have refused or have made no significant effort to correct the situation.
A time period in this subsection does not apply if good cause is shown why the order should not be issued within that time period. Good cause does not include a scheduling problem.
Sec. 2. 22 MRSA §4038, sub-§1, as amended by PL 1987, c. 269, §1, is further amended to read:
1. Mandated review. If a court has made a final protection order, it shall review the case at least once within 18 12 months of the final protection order and at least every 2 years thereafter, unless the child has been emancipated or adopted.
Sec. 3. 22 MRSA §4038, sub-§1-A, ¶¶B and C, as enacted by PL 1987, c. 269, §2, are amended to read:
B. When custody has been granted to a parent who did not have custody at the time the child protection petition was filed; or
C. When the child lives with the foster parent with whom the department has entered into a long-term foster care agreement pursuant to section 4064.; or
Sec. 4. 22 MRSA §4038, sub-§1-A, ¶D is enacted to read:
D. When there is a signed adoptive placement agreement regarding the child between the department and the prospective parent or parents.
Sec. 5. 22 MRSA §4038, sub-§7, ¶A, as amended by PL 1991, c. 176, §3, is further amended to read:
A. The court shall review the final protection order and make a determination within 18 12 months of its initial order either to:
(1) Return the child to the parent;
(2) Continue reunification efforts for a specific limited time not to exceed 6 months and to judicially review the matter within the time specified; or
(3) Enter an order under section 4036, subsection 1, paragraph G-1.
The court may not order reunification efforts to continue under subparagraph (2) more than once unless all parties agree to the order to continue reunification and unless the court determines reunification efforts to be in the best interest of the child.
Sec. 6. 22 MRSA §4038, sub-§7, ¶C, as enacted by PL 1991, c. 176, §3, is amended to read:
C. When 2 placements with the same parent have failed and the child is returned to the custody of the department, the court shall enter an order under section 4036, subsection 1, paragraph G-1 unless the parent demonstrates that reunification should be continued and the court determines reunification efforts to be in the best interest of the child.
Sec. 7. 22 MRSA §4052, sub-§2, as amended by PL 1983, c. 249, §1, is further amended to read:
2. Time filed. A termination petition may be brought no earlier than 3 months 45 days after disposition under section 4036 or under Title 19, section 213, 214 or 752.
Sec. 8. 22 MRSA §4052, sub-§2, as amended by PL 1995, c. 694, Pt. D, §47 and affected by Pt. E, §2, is further amended to read:
2. Time filed. A termination petition may be brought no earlier than 3 months 45 days after disposition under section 4036 or under Title 19-A, section 1502 or 1653.
Sec. 9. 22 MRSA §4055, sub-§1-A, ¶¶C and E, as enacted by PL 1995, c. 481, §4, are amended to read:
C. The child has been placed in the legal custody or care of the department, the parent has a chronic substance abuse problem, and the parent's prognosis indicates that the child will not be able to return to the custody of the parent within a reasonable period of time, considering the child's age and the need for a permanent home. The fact that a parent has been unable to provide safe care of a child for a period of 12 9 months due to substance abuse constitutes a chronic substance abuse problem;
E. The child has been placed in the legal custody or care of the department for at least 12 9 months, and the parents have been offered or received services to correct the situation but have refused or have made no significant effort to correct the situation.
Sec. 10. 22 MRSA §4055, sub-§2, as amended by PL 1995, c. 481, §5, is further amended to read:
2. Primary considerations. In deciding to terminate parental rights, the court shall consider the best interest of the child, the needs of the child, including the child's age, the child's attachments to relevant persons, periods of attachments and separation, the child's ability to integrate into a substitute placement or back into the parent's home and the child's physical and emotional needs.
Sec. 11. Effective date. That section of this Act that amends the Maine Revised Statutes, Title 22, section 4052, subsection 2, as amended by Public Law 1995, chapter 694, Part D, section 47 and affected by Part E, section 2, takes effect October 1, 1997.
Effective September 19, 1997, unless otherwise indicated, unless otherwise indicated.
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