An Act To Implement Federal Requirements in Child Protection Matters
Maine Legislature, Session 121, LD 1597
Committee: Health and Human Services
Sponsors: BRENNAN, KANE, CURLEY, EARLE
Amends: 22 MRSA §4038, 22 MRSA §4052

Legislative Document 
No. 1597 
S.P.551 
In Senate, May 5,2003 
An Act To Implement Federal Requirements in Child Protection 
Matters 
Submitted by the Department of Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator BRENNAN of Cumberland. 
Cosponsored by Representative KANE of Saco and 
JOY J. O'BRlEN 
Secretary of the Senate 
Representatives: CURLEY of Scarborough, EARLE of Damariscotta, LA VERRlERE-
BOUCHER of Biddeford. 
Printed on recyclal paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 22 MRS A §4036-B is enacted to read: 
St036-B. 
Removal of child from home 
1. 
APRlication. 
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 
immediate risk of serious 
harm. 
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: 
A. 
Whether 
or 
not 
the 
department 
has 
made 
reasonable 
efforts to prevent the removal of the child from home: and 
B. 
If the court finds that the department did not make 
reasonable efforts to prevent the removal of the child from 
home, whether or not there is an immediate risk of serious 
harm. 
4. 
Reasonable efforts to reunify. 
The department shall 
make reasonable efforts to rehabilitate and reunify the family as 
provided in section 4041, subsection I-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. 
Requ.irements for findings. 
A court order making any 
finding required by this section must: 
A. 
Be in writing; 
Page I-LRI945(1) 
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 MRS A §4038, sub-§l-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; ~ 
Sec. 3. 22 MRS A §4038, sub-§l-A, 1[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 
fi1edf~ 
Sec. 4. 22 MRSA §4038, sub-§l-A, 1[C, as amended by PL 1997, c. 
475, §3, is repealed. 
Sec. 5. 22 MRSA §4038, sub-§l-A, 1[1>, 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. 
Bearinq. 
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 
2 
then and the efforts of the parties as set forth under section 
4041 
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eai~Q. 
After hearing, the court shall make written findings that 
determirte: 
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 rece1v1ng 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 iB-~he-f9~~9wiB§-eiFeRm6~aBee6: 
A. 
A When a child has been in foster care for 15 of the 
most recent 22 months. 
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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 reguired 
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 
finding of an aggravating 
reunificationTL-Q£ 
a 
court order that includes 
a 
factor and an order to cease 
c. 
Within 60 days of a court finding that the child has 
been abandoned. 
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. 
SUMMARY 
This bill amends the laws governing cases in which a court 
orders the removal of a child from a home. 
It also amends the 
laws governing court review of cases in which a court has made a 
jeopardy order and the laws governing when the Department of 
Human Services must file a termination petition.