An Act To Expand Options in the Permanency Plan for Children in Foster Care
Maine Legislature, Session 124, LD 1623
Committee Amendment CA_A_H706 (House)
Amends: 22 MRSA §400, 22 MRSA §4038-B, 22 MRSA §8101

COMMITTEE AMENDMENT "f} " to H.P. 11~1, L.D. 1623, Bill, "An Act To 
Expand Options in the Permanency Plan for Children in Foster Care" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Expand Options in Child Protection Proceedings for Children in Foster 
Care' 
Amend the bill by striking out everything after the enacting clause and before the 
, summalyand inserting the following: 
'Sec. 1. 22 MRSA §400S, sub-§3 is enacted to read: 
3. Wishes of child. The District Court shall consider the wishes of the child, in a 
manner appropriate to the age of the child, including, but not limited to, whether the child 
wishes to pal1icipate or be heard in coul1. In addition, when a child's expressed views are 
inconsistent with those of the guardian ad litem, the cOUl1 shall consider whether to 
consult with the child directly, when the child's age is appropriate. 
Sec. 2. 22 MRSA §4038-B, sub-§4, €fID is enacted to read: 
D. The permanency plan must ensure that all in-state and out-of-state placements are 
considered to provide the child with all possible permanency options. 
Sec. 3. 22 MRS A §4038-B, sub-§S, as enacted by PL 2005, c. 372, §6, is 
amended to read: 
5. Wishes of child. The District Court shall consider, but is not bound by, the 
wishes of a child, in a manner appropriate to the age of the child, in making a 
determination under this section. 
Sec. 4. 22 MRS A §40SS, sub-§3, as amended by PL 1997, c. 715, Pt. A, § 12, is 
fUl1her amended to read: 
3. Wishes of child. The co1ll1 shall consider, but is not bound by, the wishes of a 
child 12 years of age or older, in a manner appropriate to the age of the child, in making 
an order under this section. 
Page I - 124LR2320(02)-I 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT'~ "to H.P. 1151, L.D. 1623 
Sec. 5. 22 MRSA §8101, sub-§l, as amended by PL 2009, c. 211, Pt. B: § 19, is 
further amended to read: 
1. Children's home. "Children's home" means any residence maintained exclusively 
or in part for the board and care of one or more children under the age of 18, by anyone 
other than a relative bv blood. marria2:e or adontion. "Children's home" does not include: 
A. A facility established primarily to provide medical care; 
B. A youth camp licensed under section 2495; or 
C. 
A school established solely for educational purposes except as provided In 
subsection 4.' 
SUMMARY 
This amendment is the majority report of the committee. This amendment changes 
and clarifies the title of the bill and strikes the bill language and amends the Maine 
Revised Statutes, Title 22, section 4005, subsection 3; section 4038-B, subsection 5; and 
section 4055, subsection 3 to ensure that the wishes ·of the child are considered by the 
court in a manner appropriate to the age of the child in child protection matters. 
The bill is amended to comply with the federal Adoption and Safe Families Act of 
1997, 42 United States Code, Section 675(5)(C); 45 Code of Federal Regulations, Section 
1355.20; and the United States Social Security Act, Title N-E to clarify that all in-state 
and out-of-state placements must be considered to provide children who are placed in 
foster care with all possible permanency options. 
In addition, the law referring to the licensing of foster homes, Title 22, section 8101, 
subsection 1, is amended to clarify language defining the type of home that can be 
licensed as a foster home so that relatives are included among those families that may 
hold a license and receive the full benefits of licensure. 
COMMITTEE AMENDMENT 
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