5. Hearing. The court shall hear evidence and shall consider the original reason for the adjudication and disposition under sections 4035 and 4036, the events that have occurred since then and the efforts of the parties as set forth under section 4041 and shall consider the effect of a change in custody on the child. After hearing or by agreement, the court shall make written findings that determine:

A.__The safety of the child in the child's placement;

B.__The continuing necessity for and appropriateness of the child's placement;

C.__The effect of a change in custody on the child;

D.__The extent of the parties' compliance with the case plan and the extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care;

E.__A likely date by which the child may be returned to and safely maintained in the home or placed for adoption or legal guardianship; and

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: