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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

CHAPTER 408
S.P. 551 - L.D. 1597

An Act To Implement Federal Requirements in Child Protection Matters

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 22 MRSA §4036-B is enacted to read:

§4036-B. Removal of child from home

     1. Application. The provisions of this section apply in any case in which the court orders, or has ordered, the removal of a child from home.

     2. Welfare of child. Before a court may order removal of a child from home, the court must specifically find that remaining in the home is contrary to the welfare of the child.

     3. Reasonable efforts to prevent removal. The department shall make reasonable efforts to prevent removal of the child from home, unless the court finds the presence of an aggravating factor. In an order providing for removal of the child from home, or within 60 days of the date of removal of the child from home, the court shall make a finding:

     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:

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

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

     Sec. 4. 22 MRSA §4038, sub-§1-A, ¶C, as amended by PL 1997, c. 475, §3, is repealed.

     Sec. 5. 22 MRSA §4038, sub-§1-A, ¶D, as enacted by PL 1997, c. 475, §4, is repealed.

     Sec. 6. 22 MRSA §4038, sub-§5, as enacted by PL 1985, c. 739, §14, is amended to read:

     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:

     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:

The department is not required to file a termination petition if the department has chosen to have the child cared for by a relative or the department has documented to the court a compelling reason for determining that filing such a petition would not be in the best interests of the child.

     Sec. 8. Statement of intent regarding youth services. It is the intent of the Legislature that the Department of Human Services and the Department of Behavioral and Developmental Services provide services to eligible children and their families in home and community settings whenever possible, minimizing the need for intervention by the State and eliminating the need for parents to give up custody in order to qualify their children for services. As appropriate to the child and family and within existing resources, services must include assessment, health care and case management.

Effective September 13, 2003, unless otherwise indicated.

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