An Act To Ratify the Revised Interstate Compact for the Placement of Children To Promote Compliance with the Federal Safe and Timely Interstate Placement of Foster Children Act of 2006
Maine Legislature, Session 123, LD 1789
Committee Amendment CA_A_S165 (Senate)
Amends: 18-A MRSA §9, 22 MRSA §4005-D, 22 MRSA §4007, 22 MRSA §4033

COMMITTEE AMENDMENT '/4 " to S.P. 633, L.D. 1789, Bill, "An Act To 
Ratify the Revised Interstate Compact for the Placement of Children To Promote 
Compliance with the Federal Safe and Timely Interstate Placement of Foster Children 
Act of 2006" 
Amend the bill by striking out sections 1, 2 and 3 and inserting the following: 
'Sec. 1. . 18-A MRSA §9-311, as enacted by PL 1995, c. 694, Pt. C, §7 and 
affected by Pt. E, §2, is amended to read: 
§9-311. Interstate placements 
(a). A person or agency who intends to bring a child to this State from another state 
for the purpose of adoption must provide to the Probate Court the certification of 
compliance as required by the department pursuant to Title 22, chapter 1153 or 1154, as 
applicable. 
(b). A person or agency who intends to remove a child from this State for the 
purpose of adoption in another state must obtain from the department certification of 
compliance with Title 22, chapter 1153 or 1154, as applicable, prior to the removal of the 
child from this State. 
(c). The Probate Court may not grant a petition to adopt a child who has been 
brought to or will be removed from this State for the purpose of adoption without 
department certification of compliance with Title 22, chapter 1153 or 1154, as applicable. 
(d). An agency or person who fails to comply with this section commits a civil 
violation for which a penalty of not less than $100 and not more than $5,000 may be 
adjudged. 
Sec. 2. 22 MRSA §4005-D, sub-§l, ~A, as enacted by PL 2001, c. 696, § 16, is 
amended to read: 
A. 
"Foster parent" means a person who has had a ehild iR that flersoR's home for at 
least 120 days aRd , .... ho is lieeRsed as a family foster home HRder ehaflter lee3 whose 
COMMITTEE AMENDMENT 
... " 
COMMITTEE AMENDMENT ';A "to S.P. 633. L.D. 1789 
'. 
home is licensed by the department as a family foster home as defined in section 
8101. subsection 3 and with whom a child lives ; pursuant to a court order or 
agreement of the department. 
( 
Sec. 3. 22 MRSA §4005-D, sub-§6, as enacted by PL 2001, c. 696, §16, is 
amended to read: 
. \ , ... 
6. Foster parents, preadoptive parents and relatives providing care. The foster 
parent of a child, if any, and any preadoptive parent or relative providing care for the 
child must be provided notice of and aA Ol"'I"'OrtHAity the right to be heard in any Feyievt' OF 
heaFiAg proceeding to be held with respect to the child. The right to be heard includes the 
right to testifY but does not include the right to present other witnesses or evidence, to 
attend any other portion of the Feyiew OF heariAg proceeding or to have access to 
pleadings or records. This subsection may not be construed to require that any foster 
parent, preadoptive parent or relative providing care for the 'child be made a party to the 
Feyie'N OF heaFiAg proceeding solely on the basis of the notice.and ol"'l"'ortHAity right to be 
heard. 
The foster parent of a child, if any, and any preadoptive parent or relative providing care 
for the child may attend a Fe\'ie\'t' or hearing proceeding in its entirety under this 
subsection unless specifically excluded by decision of the presipingjudge. 
Sec. 4. 22 MRSA §4007, sub-§4, as repealed and replaced by PL 1985, c. 506, 
Pt. A, §41, is amended to read: 
4. 
Interstate compact. 
The provisions of the Interstate Compact eft for the 
Placement of Children, sections 4191 to 4247 4251 to 4269, shall if in effect and ratified 
by the other state involved, apply to proceedings under this chapter; otherwise, the 
provisions of the Interstate Compact on Placement of Children, sections 4191 to 4247, 
apply to proceedings under this chapter. Any report submitted pursuant to the compact 
shall be ~ admissible in evidence for purposes of indicating compliance with the compact 
and the court may rely on evidence to the extent of its probative value. 
Sec. 5. 22 MRSA §4033, sub-§5, as enacted by PL 1997, c. 715, Pt. B, §6, is 
amended to read: 
5. Notice to foster parents, preadoptive parents and relatives providing care. 
The department shall provide written notice of all reviews aAa heariAgs proceedings in 
advance of the proceeding to foster parents, preadoptive parents and relatives providing 
care. The notice must be dated and signed, must include a statement that foster parents, 
preadoptive parents and relatives providing care are entitled to notice of and aft 
Ol"'l"'ortHAity a right to be heard in any reyie'N OF heariAg proceeding held with respect to 
the child and must contain the following language: 
"The right to be heard includes only the right to testifY and does not 
include the right to present other witnesses or evidence, to attend any 
other portion of the re'/iew OF heariAg proceeding or to have access to 
pleadings or records." 
A copy of the notice must be filed with the court prior to the Fe'liew OF hearing 
proceeding. ' 
COMMITTEE AMENDMENT 
i-' 
~ 
.. 
COMMITTEE AMENDMENT" A" to S.P. 633, L.D. 1789 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment deletes provisions of the bill that repealed the existing Interstate 
Compact on Placement of Children, and retains cross-references to that compact. The 
revised Interstate Compact for the Placement of Children, included in the bill as the 
Maine Revised Statutes, Title 22, chapter 1154, does not become effective until at least 
states ratify it. By retaining the existing compact, this amendment ensures that current 
law remains in place for the interstate placement of foster children. The existing compact 
will also govern placements with states that choose not to ratify the revised compact. 
This amendment also makes changes to the child protective laws as required by the 
federal Safe and Timely Interstate Placement of Foster Children Act of 2006. These 
changes require foster parents, preadoptive families and relative care givers to be 
provided notice and the right to be heard at any proceeding concerning the child. Current 
law refers to an opportunity to be heard at any reviews or hearings. 
This amendment also amends the definition of "foster parent" to be consistent with 
the requirements of federal law. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05116/07 
~aC!. 
, 
123rdMAINE LEGISLATURE 
( 
LD 1789 
LR 816(02) 
An Act To Ratify the Revised Interstate Compact for the Placement of Children To Promote 
Compliance with the Federal Safe and Timely Interstate Placement of Foster Children Act of 2006 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department of Health and Human Services in implementing this bill can be absorbed by 
the department utilizing existing budget resources. 
LR0816(02) - Fiscal Note - Page I of I