An Act To Amend the Child and Family Services and Child Protection Act
Maine Legislature, Session 125, LD 1152
Committee: Health and Human Services
Sponsors: CRAVEN, WEBSTER, ALFOND, ROSEN, SULLIVAN, NASS, PETERSON, SANBORN, STUCKEY, WAGNER
Amends: 22 MRSA §4002, 22 MRSA §4036-B, 22 MRSA §4037-A, 22 MRSA §4038, 22 MRSA §4038-C, 22 MRSA §4038-D, 22 MRSA §4038-E, 22 MRSA §4059

Legislative Document 
No. 1152 
S.P. 352 
In Senate, March 17, 2011 
An Act To Amend the Child and Family Services and Child 
Protection Act 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator CRAVEN of Androscoggin. 
Cosponsored by Representative WEBSTER of Freeport and 
Senators: ALFOND of Cumberland, ROSEN of Hancock, SULLIVAN of York, 
Representatives: NASS of Acton, PETERSON of Rumford, SANBORN of Gorham, 
STUCKEY of Portland, WAGNER of Lewiston. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §4002, sub-§9-D is enacted to read: 
9-D.  Resource family.  "Resource family" means a person or persons who provide 
care to a child in the child welfare system and who is a foster parent, adoptive parent or a 
member of the child's extended birth family. 
Sec. 2.  22 MRSA §4036-B, sub-§3-A is enacted to read: 
3-A.  Notification to relatives.  Except as required by family or domestic violence 
safety precautions, the department shall exercise due diligence to identify and provide 
notice to all known grandparents and other adult relatives within 30 days after the 
removal of a child from the custody of a parent or custodian. 
Sec. 3.  22 MRSA §4037-A is enacted to read: 
§4037-A.  Extended care 
A person who is 18, 19 or 20 years of age and who attained the age of 18 years while 
in the care and custody of the State may continue to receive care and support if the 
person:  
1.  School enrollment.  Is enrolled in secondary school or its equivalent or is  
enrolled in postsecondary or vocational school; 
2.  Removal of barriers to employment.  Is participating in a program or activity 
that promotes employment or removes barriers to employment; 
3.  Employment.  Is employed for at least 80 hours per month; or 
4.  Special circumstances.  Is found to be in special circumstances, including but not 
limited to being incapable of qualifying under subsection 1, 2 or 3 due to a documented 
medical or behavioral health condition. 
A person who qualifies for care and support under this section may be placed in a 
supervised setting in which the person lives independently, in a foster home or in a group 
residential setting. The District Court shall hold a judicial review in accordance with the 
procedures under section 4038, subsections 5 and 6 for each person who qualifies for care 
and support under this section at least once every 12 months. 
Sec. 4.  22 MRSA §4038, sub-§5, as amended by PL 2003, c. 408, §6, is further 
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 the 
provision of extended care under section 4037-A.  After hearing or by agreement, the 
court shall make written findings that determine: 
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 receiving 
instruction to aid the child in independent living. 
Sec. 5.  22 MRSA §4038-C, sub-§1, as enacted by PL 2005, c. 372, §6, is 
amended to read: 
1.  Criteria.  The District Court may appoint a person to be a permanency guardian 
only if the court finds that the prospective permanency guardian: 
A.    Has the ability to provide a safe home for the child; 
B.    Has a close emotional bond with the child and that the child has a close 
emotional bond with the prospective permanency guardian; 
C.    Is willing and able to make an informed, long-term commitment to the child; and 
D.    Has the skills to care for the child and to obtain needed information about and 
assistance with any special needs of the child.; and 
E.  Has submitted to having fingerprints taken for the purposes of a national criminal 
history record check. 
Sec. 6.  22 MRSA §4038-C, sub-§13 is enacted to read: 
13.  Resource family license.  The department shall issue a resource family license 
in accordance with standards adopted by the department to a resource family that meets 
the requirements and standards for permanency guardianship of children in foster care 
under subsection 1 and for a license fee established by the department. 
Sec. 7.  22 MRSA §4038-D, sub-§2, as enacted by PL 2005, c. 372, §6, is 
amended to read: 
2.  Eligibility for guardianship subsidy payments.  Subject to rules adopted to 
implement this section, the department may provide subsidies for a special needs child 
who is placed in a permanency guardianship or in a similar status by a Native American 
tribe, when reasonable but unsuccessful efforts have been made to place the child without 
guardianship subsidies and if the child would not be placed in a permanency guardianship 
without the assistance of the program. 
Sec. 8.  22 MRSA §4038-D, sub-§3, as enacted by PL 2005, c. 372, §6, is 
repealed. 
Sec. 9.  22 MRSA §4038-D, sub-§4, as enacted by PL 2005, c. 372, §6, is 
amended to read: 
4.  Amount of guardianship subsidy.  The amount of a guardianship subsidy is 
determined according to this subsection. 
A.    The amount may vary depending upon the resources of the permanency 
guardian, the special needs of the child and the availability of other resources. 
B.    The amount may not exceed the total cost of caring for the child if the child were 
to remain in the care or custody of the department, without regard to the source of the 
funds. 
C.    Except as provided in paragraph D, assistance may be provided only for special 
needs. 
D.    Subject to rules adopted by the department, the amount may include up to $400 
for expenses up to $2,000 per child may be reimbursed.  This reimbursement is for 
legal expenses required to complete the permanency guardianship, including 
attorney's fees, incurred by the permanency guardian to complete the permanency 
guardianship in Indian tribal court cases and travel expenses. 
Sec. 10.  22 MRSA §4038-D, sub-§5, as enacted by PL 2005, c. 372, §6, is 
amended to read: 
5.  Duration of guardianship subsidy.  A guardianship subsidy may be provided for 
a period of time based on the special needs of a child.  The subsidy may continue until the 
termination of the permanency guardianship or until the permanency guardian is no 
longer caring for the child, at which time the guardianship subsidy ceases.  If the child 
has need of educational benefits or has a physical, mental or emotional handicap, the 
guardianship subsidy may continue until the child has attained 21 years of age if the 
child, the parents and the department agree that the need for care and support exists. 
Sec. 11.  22 MRSA §4038-D, sub-§8, as enacted by PL 2005, c. 372, §6, is 
repealed. 
Sec. 12.  22 MRSA §4038-E is enacted to read: 
§4038-E.  Adoption from permanency guardianship 
The District Court in a judicial review of a permanency guardianship appointment 
may accept a petition for the adoption of the subject of the permanency guardianship 
appointment.  The District Court's decision regarding adoption must be guided by the best 
interest of the child, and an adoption is subject to the agreement of all parties to the 
review. The District Court is granted jurisdiction over adoptions under this section. 
Sec. 13.  22 MRSA §4059 is enacted to read: 
§4059.  Reinstatement of parental rights 
The department may petition the District Court to reinstate the parental rights of a 
parent  who has an order terminating parental rights in effect. The child must have been 
in the custody of the department for at least 12 months after the termination of parental 
rights. The petition must indicate evidence of a material change in circumstances since 
the termination of parental rights that can be reasonably expected to provide for safety for 
the child, the initial reasons for termination of parental rights and verification of the 
willingness and capacity of the parent and child to have parental rights reinstated. The 
department shall develop and attach to the petition a permanency plan that provides 
transition services to the family, which may include a trial home visit by the child to the 
family. The department may assess the trial home visit and may dismiss the petition if it 
is in the child’s best interest without leave of the court.  The court may hold a preliminary 
hearing and issue a temporary order in which the child may be conditionally placed with 
the parent for up to 3 months. The court shall hold a final hearing after the child has been 
placed with the parent for 3 months.  At the final hearing, the court may issue an order of 
reinstatement of parental rights and terminate jurisdiction if the court finds that 
reinstatement is in the child’s best interest, taking into account whether the parent has 
remedied conditions, the age and maturity of the child, the child’s ability to express a 
preference and any likelihood of future risk to the child. Both the parent and child must 
consent to reinstatement. Reinstatement of parental rights may include both parents. 
SUMMARY 
This bill makes the following changes to the Child and Family Services and Child 
Protection Act. 
1.  It requires that the Department of Health and Human Services, within 30 days of 
the removal of a child from the custody of the child's parents, exercise due diligence to 
identify and provide notice to all grandparents and other adult relatives of the child, 
except in cases of family or domestic violence. This legislation is required under the 
federal Fostering Connections to Success and Increasing Adoptions Act of 2008, Public 
Law 110-351. 
2.  It provides services for youth who are in foster care at 18 years of age and are at 
risk of leaving care without a permanent family or sufficient life skills and supports to 
manage independence. This legislation is consistent with provisions of the federal 
Fostering Connections to Success and Increasing Adoptions Act of 2008, Public Law 
110-351 that allow states to draw federal funds to support older youth but require judicial 
oversight and support by a state agency. 
3.  It amends language in the statutes governing permanency guardianship. It removes 
the requirement that a child must be identified as a special needs child to receive a 
guardianship subsidy. It amends the law to allow permanency guardians the option of 
receiving nonrecurring reimbursement for expenses associated with becoming 
permanency guardians. It removes language that allows the guardianship subsidy to be 
transferred to a new permanency guardian upon death or disability of the original 
permanency guardian.  It provides that a permanency guardian is subject to a 
fingerprint-based background check. 
4.  It establishes a new category of licensure in child welfare services, the resource 
family license.  This license is for a person or persons who are foster parents, adoptive 
parents or members of a child's extended birth family who provide care to a child. 
It provides for the adoption of a child who was previously in foster care and is the 
subject of a permanency guardianship order when the permanency guardian and the child 
determine adoption is in the best interest of the child. 
6.  It allows for the reinstatement of parental rights for a parent after a period of 12 
months after a termination of parental rights upon a finding that there has been a material 
change in circumstances that indicate the parent is now able to provide a safe home and is 
willing to care for the child. The bill allows the court to hold a hearing to determine 
reinstatement in accordance with the best interest of the child, whether the parent has 
remedied conditions and the child’s wishes.  The bill provides that only the department 
may petition to reinstate parental rights.