LD 1382
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LR 603
Item 1

 
Sec. 4. 22 MRSA §4038, sub-§7-A, as amended by PL 2001, c. 696, §32, is
repealed.

 
Sec. 5. 22 MRSA §4038-A, as amended by PL 1995, c. 694, Pt. D, §45
and affected by Pt. E, §2, is further amended to read:

 
§4038-A. Transfer to District Court

 
If a case is transferred to the District Court pursuant to
Title 18-A, section 9-205, the court shall conduct a hearing and
enter a dispositional order using the same standards as set forth
in section 4036. The court after the hearing and entering of a
dispositional order shall conduct reviews in accordance with
section 4038 and permanency planning hearings in accordance with
section 4038-B.

 
Sec. 6. 22 MRSA §§4038-B to 4038-D are enacted to read:

 
§4038-B.__Permanency plans

 
1.__Mandated permanency planning hearing.__Unless subsequent
judicial reviews are not required pursuant to section 4038,
subsection 1-A, the District Court shall conduct a permanency
planning hearing and shall determine a permanency plan within the
earlier of:

 
A.__Thirty days after a court order to cease reunification;
and

 
B.__Twelve months after the time a child is considered to
have entered foster care.__A child is considered to have
entered foster care on the date of the first judicial
finding that the child has been subjected to child abuse or
neglect or on the 60th day after removal of the child from
home, whichever occurs first.

 
2.__Subsequent permanency planning hearings.__Unless
subsequent judicial reviews are not required pursuant to section
4038, subsection 1-A, the District Court shall conduct a
permanency planning hearing within 12 months of the date of any
prior permanency planning order.

 
3.__Permanency planning orders.__After each permanency
planning hearing, the District Court shall adopt a permanency
plan for a child that complies with subsection 4.__The court

 
shall enter the order within the time limitations contained in
subsection 1 or 2, whichever is applicable to the permanency
planning hearing.


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