F.__If the child is 16 years of age or older, whether or not the child is receiving instruction to aid the child in independent living.

Sec. 7. 22 MRSA §4052, sub-§2-A, as enacted by PL 1997, c. 715, Pt. B, §14, is amended to read:

2-A. Department as petitioner or as party. The department shall file a termination petition or seek to be joined as a party to any pending petition in the following circumstances:

A. A When a child has been in foster care for 15 of the most recent 22 months. This paragraph does not apply if the department is required to undertake reunification efforts and the department has not provided to the family of the child such services as the department determines to be necessary for the safe return of the child to the child's home consistent with the time period in the case plan; or The department must file the petition before the end of the child's 15th month in foster care.__In calculating when to file a termination petition:

(1)__The time the child has been in foster care begins when the child is considered to have entered foster care as specified in section 4038, subsection 7-A, paragraph A;

(2)__When a child experiences multiple exits from and entries into foster care during the 22-month period, all periods in foster care must be accumulated; and

(3)__The time in foster care does not include trial home visits or times during which the child is a runaway.

This paragraph does not apply if the department is required to undertake reunification efforts and the department has not provided to the family of the child such services as the department determines to be necessary for the safe return of the child to the child's home consistent with the time period in the case plan;

B. A Within 60 days of a court order that includes a finding of an aggravating factor and an order to cease reunification.; or