4.__Reasonable efforts to reunify.__The department shall make reasonable efforts to rehabilitate and reunify the family as provided in section 4041, subsection 1-A unless the court has ordered that the department need not commence or may cease reunification pursuant to section 4041, subsection 2.__In the jeopardy order pursuant to section 4035 and in each judicial review order pursuant to section 4038, the court shall make a finding whether or not the department has made reasonable efforts to rehabilitate and reunify the family.

5.__Reasonable efforts to finalize permanency plan.__The department shall make reasonable efforts to finalize the permanency plan.__In each order determining a permanency plan pursuant to section 4038, subsection 7-A, the court shall make a finding whether or not the department has made reasonable efforts to finalize the permanency plan.

6.__Requirements for findings.__A court order making any finding required by this section must:

A.__ Be in writing;

B.__State that the finding was based on the specific facts and circumstances relating to the child; and

C.__Explicitly document the basis for the finding.

Sec. 2. 22 MRSA §4038, sub-§1-A, ¶A, as enacted by PL 1987, c. 269, §2, is amended to read:

A. When custody has been granted to a person other than a parent or the department; or

Sec. 3. 22 MRSA §4038, sub-§1-A, ¶B, as amended by PL 1997, c. 475, §3, is further 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;.

Sec. 4. 22 MRSA §4038, sub-§1-A, ¶C, as amended by PL 1997, c. 475, §3, is repealed.

Sec. 5. 22 MRSA §4038, sub-§1-A, ¶D, as enacted by PL 1997, c. 475, §4, is repealed.