An Act To Amend the Child and Family Services and Child Protection Act (AFTER DEADLINE)
Maine Legislature, Session 123, LD 1689
Committee: Judiciary
Sponsors: PLOWMAN, DIAMOND, SHERMAN, WESTON, CROSTHWAITE
Amends: 22 MRSA §4002, 22 MRSA §400, 22 MRSA §4036-B, 22 MRSA §403, 22 MRSA §4062

Legislative Document 
No. 1689 
S.P.596 
March 23, 2007 
An Act To Amend the Child and Family Services and Child 
Protection Act 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator PLOWMAN of Penobscot. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: DIAMOND of Cumberland, McCORMICK of Kennebec, 
SHERMAN of Aroostook, WESTON of Waldo, Representative: CROSTHWAITE of 
Ellsworth. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §4002, sub-§9-B, as enacted by PL 1997, c. 715, Pt. B, §3, is 
amended to read: 
9-B. Relative. "Relative providing care" means the biological or adoptive parent of 
the child's biological or adoptive parent, or the biological or adoptive sister, brother, aunt, 
uncle or cousin of the child 'Nith whom the child lives and who has taken responsibility 
for the child. 
Sec. 2. 
MRS A §4003, sub-§3-A, as enacted by PL 2005, c. 374, §1, is 
amended to read: 
3-A. Relative placement. Place children who are taken from the custody of their 
parents with an adult relative when possible as long as the placement does not put the 
child in circumstances of jeopardy; 
Sec. 3. 22 MRSA §400S-E, sub-§l, as enacted by PL 2001, c. 696, §16, IS 
amended to read: 
1. Grandparent visitation and access. A grandparent who is designated as an 
interested person or a participant under section 4005-D or who has been granted 
intervenor status under the Maine Rules of Civil Procedure, Rule 24 may request the 
court to grant reasonable rights of visitation or access. When a child is placed in a 
prospective adoptive home and the prospective adoptive parents have signed an adoptive 
placement agreement, a grandparent's right to contact or have access to the child that was 
granted pursuant to this chapter is suspended. If the adoption is not final within 18 
months of adoptive placement, then the grandparent whose rights of contact or access 
were suspended pursuant to this subsection may resume, as a matter of right and without 
further court order, contact with the child in accordance with the order granting that 
contact or access, unless the court determines after a hearing that the contact is not in the 
child's best interests. A grandparent's rights of visitation or access terminate when the 
adoption is finalized pursuant to Title 18-A, section 9-308. 
Nothing in this section 
prohibits prospective adoptive parents from independently facilitating or permitting 
contact between a child and a grandparent, especially when a court has previously 
ordered rights of contact. 
Sec. 4. 22 MRSA §400S-E, sub-§2, as enacted by PL 200 I, c. 696, § 16, IS 
amended to read: 
2. Placement. A grandparent relative who is designated as an interested person or a 
participant under section 4005-D or who has been granted intervenor status under the 
Maine Rules of Civil Procedure, Rule 24 may request the court to order that the child be 
placed with the grandparent relative. A grandparent relative who has not been designated 
as a participant under section 4005-D may make the request for placement in writing. In 
making a decision on the request, the court shall give the grandparents make placement 
with the relative a priority for consideration for placement if that placement is in the best 
interests of does not put the child and oonsistent with section 4003 in circumstances of 
jeopardy. 
Sec. 5. 22 MRSA §400S, sub-§2, ~E-l, as enacted by PL 2005, c. 300, §6, is 
repealed. 
Sec. 6. 22 MRS A §400S, sub-§3, ~I, as enacted by PL 2003, c. 673, Pt. Z, §4, is 
amended to read: 
I. 
Any government entity that needs such information in order to carry out its 
responsibilities under law to protect children from abuse and neglect. For purposes 
of this paragraph, "government entity" means a federal entity, a state entity of any 
state, a local government entity of any state or locality or an agent of a federal, state 
or local government entity; and 
Sec. 7. 22 MRSA §400S, sub-§3, ~J, as enacted by PL 2003, c. 673, Pt. Z, §4, is 
amended to read: 
J. To a juvenile court when the child who is the subject of the records has been 
brought before the court pursuant to Title 15, Part 6:; and 
Sec. S. 22 MRS A §400S, sub-§3, ~K is enacted to read: 
K. 
A relative or other person whom the department is investigating for possible 
custody or placement of the child. 
Sec. 9. 22 MRSA §4036-B, sub-§3, ~A, as enacted by PL 2003, c. 408, § 1, is 
amended to read: 
A. Whether or not the department has made reasonable efforts to prevent the removal 
of the child from home; aHd 
Sec. 10. 22 MRSA §4036-B, sub-§3, ~, as enacted by PL 2003, c. 408, § 1, is 
amended to read: 
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 aggravating factor~~ 
and 
Sec. 11. 22 MRSA §4036-B, sub-§3, ~C is enacted to read: 
C. Whether or not there is a relative of the child who is interested in placement and 
whether placement of the child with that relative would put the child in circumstances 
of jeopardy. 
Sec. 12. 22 MRSA §403S-B, sub-§4, ~A, as enacted by PL 2005, c. 372, §6, is 
amended to read: 
A. The permanency plan must determine whether and when, if applicable, the child 
will be: 
(1) Returned to a parent. Before the court may enter an order returning the 
custody of the child to a parent, the parent must show that the parent has carried 
out the responsibilities set forth in section 4041, subsection I-A, paragraph B; 
that to the court's satisfaction the parent has rectified and resolved the problems 
that caused the removal of the child from home and any subsequent problems that 
would interfere with the parent's ability to care for the child and protect the child 
from jeopardy; and that the parent can protect the child from jeopardy; 
(2) Placed for adoption, in which case the department shall file a petition for 
termination of parental rights; 
(3) Cared for by a permanency guardian, as provided in section 4038-C, or a 
guardian appointed by the Probate Court pursuant to Title 18-A, sections 5-206 
and 5-207; 
(4) Placed with a fit and willing relative; or 
(5) Placed in another planned permanent living arrangement. The District Court 
may adopt another planned permanent living arrangement as the permanency 
plan for the child only after the department has documented to the court a 
compelling reason for determining that it would not be in the best interests of the 
child to be returned home, be referred for termination of parental rights or be 
placed for adoption, be cared for by a permanency guardian or be placed with a 
fit and willing relative. 
Sec. 13. 22 MRSA §4062, sub-§4, as enacted by PL 1999, c. 382, § 1, is repealed. 
SUMMARY 
This bill amends the Child and Family Services and Child Protection Act by 
expanding the status of relatives in the determination of placement of a child.