An Act To
Maine Legislature, Session 125, LD 1152
Committee Amendment CA_A_S294 (Senate)
Amends: 22 MRSA §4002, 22 MRSA §4012, 22 MRSA §4031, 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

COMMITTEE AMENDMENT" A " to S.P. 352, L.D. 1152, Bill, "An Act To 
Amend the Child and Family Services and Child Protection Act" 
II 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §4002, sub-§9-D is enacted to read: 
9-D. Resource familv. "Resource family" means a person or persons who provide 
care to a child in the child welfare system and who are foster parents, permanency 
guardians, adoptive parents or members of the child's extended birth family. 
Sec. 2. 22 MRSA §4012, sub-§l, as enacted by PL 1979, c. 733, § 18, is amended 
to read: 
1. 
Immediate report. Reports regarding abuse or neglect shalt must be made 
immediately by telephone to the department and &haH must be followed by a written 
report within 48 hours if requested by the department. 
Hospitals, medical personnel and law enforcement personnel may submit emergency 
reports through password-protected e-mail submissions. A faxed report may also be 
accepted when preceded by a telephone call informing the department of the incoming 
fax transmission. 
Sec. 3. 22 MRSA §4031, sub-§l, as amended by PL 1995, c. 694, Pt. D, §40 and 
affected by Pt. E, §2, is further amended to read: 
1. Jurisdiction. The following provisions &haH govern jurisdiction. 
A. The District Court shall have has jurisdiction over child protection proceedings 
and iurisdiction over petitions for adoption from permanency guardianship filed by 
the department. 
B. The Probate Court and the Superior Court &haH have concurrent jurisdiction to act 
on requests for preliminary child protection orders under section 4034. As soon as the 
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COMMITIEE AMENDMENT" A" to S.P. 352, L.D. 1152 
action is taken by the Probate Court or the Superior Court, the matter shall must be 
transferred to the District Court. 
D. The District Court has jurisdiction over judicial reviews transferred to the District 
Court pursuant to Title I8-A, section 9-205. 
Sec. 4. 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. Failure to comply with this 
provision does not affect service on a parent or custodian. 
Sec. 5. 22 MRSA §4037-A is enacted to read: 
§4037-A. Extended care 
1. Extended care requirements. A person who is 18, 19 or 20 years of age and 
who attained 18 years of age while in the care and custody of the State may continue to 
receive care and support if the person: 
A. Is enrolled in secondary school or its equivalent or is enrolled in postsecondary or 
career and technical school; 
B. Is participating in a program or activity that promotes employment or removes 
barriers to employment; 
C. Is employed for at least 80 hours per month; or 
D. 
Is found to be in special circumstances, including but not limited to being 
incapable of qualifYing under paragraphs A to C due to a documented medical or 
behavioral health condition. 
2. Placement. 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 home. 
3. Judicial review. The District Court shall hold a judicial review for each person 
who qualifies for care and support under this section at least once every 12 months. The 
court shall hear evidence and shall consider the original reason for the extended care and 
support of the person and the agreement of extended care and support between the 
department and the person. The court shall, after hearing or by agreement, make written 
findings, based on a preponderance of the evidence, that determine: 
A. The safety of the person in the person's placement; 
B. The services needed to transition the person from extended care and support to 
independent living; and 
C. The compliance of the parties to the agreement of extended care and support. 
In a judicial review order, the court may order either the department or the person or both 
to comply with the agreement of extended care and support but may not order the 
department to pay for a specific placement. 
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COMMITTEE AMENDMENT" A 
"to S.P. 352, L.D. 1152 
4. Termination; notice. A person receiving care and support under this section or 
the department may terminate the agreement of extended care and support without 
approval by the court. 
The department shall notify the court of the termination of 
extended care and support within 30 days of the termination. 
5. Guardian ad litem; attorney. The appointments of the guardian ad litem and 
attorneys for the parents are terminated when a person receiving care and support under 
this section attains 18 years of age, and a new guardian ad litem or attorney may not be 
appointed for or on behalf of the person or the parents. 
Sec. 6. 22 MRSA §4038..;C, sub-§I, ,C, as enacted by PL 2005, c. 372, §6, is 
amended to read: 
C. Is willing and able to make an informed, long-term commitment to the child; aad 
Sec. 7. 22 MRSA §4038-C, sub-§I, ,-D, as enacted by PL 2005, c. 372, §6, is 
amended to read: 
D. Has the skills to care for the child and to oetaiH Heeded iHrormatioH aeol:lt aAd 
assistaHee '+'lith aHY speeial Heeds of the ehild.; and 
Sec. 8. 22 MRSA §4038-C, sub-§I, ~ 
is enacted to read: 
E. Has submitted to having fingerprints taken for the purposes of a national criminal 
history record check. 
Sec. 9. 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. 10. 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 speeial Heeds 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. 11. 22 MRSA §4038-D, sub-§3, as enacted by PL 2005, c. 372, §6, is 
repealed. 
Sec. 12. 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 speeial needs of the child and the availability of other resources. 
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COMMITTEE AMENDMENT" A" to S.P. 352, L.D. 1152 
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. EKeeflt as flrovided iR flaragraflR D, assistaaee fBay be flro'l'iaea oRly for sfleeial 
aeeds-: 
D. Subject to rules adopted by the department, the afB:Ol:1Rt fBay iRell:1ae l:1fl to $400 
fer expenses of up to $2,000 per child may be reimbursed. This reimbursement lli for 
legal expenses required to complete the permanency guardianship, including 
attorney's fees, iR6l:1ffea by the fleffB:aReRey gaarEliaa to e0fB:}31ete the fleffBaneRey 
gearEliaasRifl iR lHEliaB tribal eoart eases and travel expenses. 
Sec. 13. 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 SfJeeial 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. 14. 22 MRSA §4038-D, sub-§8, as enacted by PL 2005, c. 372, §6, is 
repealed. 
Sec. 15. 22 MRSA §4038-E is enacted to read: 
§4038-E. Adoption from permanency guardianship 
The department may petition the District Court to have a permanency guardian adopt 
the child in the permancy guardian's care and to change the child's name. 
1. 
Contents of petition for adoption from permanency guardianship. 
The 
petition for adoption from permanency guardianship must be sworn and must include at 
least the following: 
A. The name, date and place of birth, if known, of the child and the child's current 
residence: 
B. The child's proposed new name, if any; 
C. The name and residence of the permanency guardian and the relationship to the 
child; 
D. The name and residence, if known, of each of the child's parents: 
E. The name and residence of the former guardian ad litem of the child in the related 
child protection proceeding: 
F. The names and residences of all persons known to the department that affect 
custody, visitation or access to the child; 
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COMMITTEE AMENDMENT "A "to S.P. 352, L.D. 1152 
G. A summary statement of the facts that the petitioner believes constitute the basis 
for the request for the adoption from permanency guardianship, including a statement 
that the permanency guardian intends to establish a parent and child relationship and 
that the permanency guardian is a fit and proper person able to care and provide for 
the child's welfare; 
H. A statement of the intent of the biological parents to consent to the adoption; 
I. A statement of the effects of a consent and adoption order; and 
J. A statement that the biological parents are entitled to legal counsel in the adoption 
from permanency guardianship proceeding and that, if they want an attorney and are 
unable to afford one, they should contact the court as soon as possible to request 
appointed counsel. 
2. 
Accompanying documents and information. 
The sworn petition must be 
accompanied by: 
A. The birth certificate of the child; 
B. A background check for each prospective adoptive parent, which must include: 
(1) A screening of the permanency guardian for child abuse cases in the records 
of the department; 
(2) The national criminal history record check for noncriminal justice purposes 
for each permanency guardian under subsection 7, paragraph A or updated check 
if the original was completed more than 2 years prior to the filing of the petition; 
and 
(3) The state criminal history record check for noncriminal justice purposes for 
each permanency guardian under subsection 7, paragraph A or updated check if 
the original was completed more than 2 years prior to the filing of the petition; 
C. The home study of the permanency guardian under subsection 7. paragraph B or 
an updated home study if the original was completed more than 2 years prior to the 
filing of the petition; and 
D. The child's background information collected pursuant to subsection 7. paragraph 
B. 
3. Scheduling of case management conference. On the filing of the petition, the 
court shall set a time and date for a case management conference. 
4. Venue. A petition for adoption from permanency gyardianship must be brought 
in the court that issued the final permanency guardianship appointment. The court, for 
the convenience of the parties or other good cause, may transfer the petition to another 
district or division. 
S. Guardian ad litem; attorneys. The court shall appoint a guardian ad litem and 
attorneys for indigent parents and custodians, including the permanency guardians, in the 
same manner as guardians ad litem and attorneys are appointed under section 4005. 
6. Service. The petition and the notice of the case management conference must be 
served on the parent whose rights were terminated and the guardian ad litem for the child 
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at least 10 days prior to the scheduled case management conference date. Service must 
be in accordance with the Maine Rules of Civil Procedure or in any other manner ordered 
by the court. 
7. Background checks for each permanency guardian seeking to adopt the child. 
The department may, pursuant to rules adopted by the department, at any time before the 
filing of the petition for adoption from permanency guardianship. conduct background 
checks of each permanency guardian of the child and a home study. 
A. The department may. pursuant to rules adopted pursuant to Title 18-A. section 
9-304, subsection (a-2). request a background check for each permanency guardian. 
The background check must include criminal history record information obtained 
from the Maine Criminal Justice Information System and the Federal Bureau of 
Investigation. 
(1) The criminal history record information obtained from the Maine Criminal 
Justice Information System must include a record of Maine conviction data. 
(2) The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record 
information. 
(3) Each permanency guardian of the child shall submit to having fingerprints 
taken. The State Police. upon receipt of the fingerprint card, may charge the 
department for the expenses incurred in processing state and national criminal 
history record checks. The State Police shall take or cause to be taken the 
applicant's fingerprints and shall forward the fingerprints to the State Bureau of 
Identification so that the bureau can conduct state and national criminal history 
record checks. Except for the portion of the payment. if any, that constitutes the 
processing fee charged by the Federal Bureau of Investigation, all money 
received by the State Police for purposes of this paragraph must be paid over to 
the Treasurer of State. 
The money must be applied to the expenses of 
administration incurred by the Department of Public Safety. 
(4) The subject of a Federal Bureau of Investigation criminal history record 
check may obtain a copy of the criminal history record check by following the 
procedures outlined in 28 Code of Federal Regulations, Section:s 16.32 and 16.33. 
The subject of a state criminal history record check may inspect and review the 
criminal history record information pursuant to Title 16, section 620. 
(5) State and federal criminal history record information may be used by the 
department for the purpose of screening each permanency guardian in 
determining whether the adoption is in the best interests of the child. 
(6) Information obtained pursuant to this paragraph is confidential. The results 
of background checks received by the department are for official use only and 
may not be disseminated outside the department except to a court considering an 
adoption petition under this section. 
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COMMITTEE AMENDMENT" A "to S.P. 352, L.D. 1152 
B. The home study must include an investigation of the conditions and antecedents 
of the child to determine whether the child is a proper subject for adoption and 
whether the proposed home is suitable for the child. 
S. Consent. Before an adoption is granted, written consent to the adoption must be 
given by: 
' 
A. The child, ifthe child is 12 years of age or older; 
B. The child's biological parents, if parental rights have not been terminated; and 
C. The permanency guardian who has legal custody of the child. 
The consents to adoption must be written and voluntarily and knowingly executed before 
a judge. The judge shall explain the effects of the consent to adoption. Before the 
adoption is granted, the court shall ensure that each permanency guardian is informed of 
the existence of the adoption registry and the services available under Title 22, section 
2706-A. 
9. Dismissal. If the parents do not consent, the court shall dismiss the adoption 
petition and conduct a judicial review hearing consistent with section 4038-C, subsection 
.lb 
10. Hearing on petition for adoption from permanency guardianship. The court 
shall hold a hearing prior to granting the petition for adoption from permanency 
guardianship. The department, as the petitioner, has the burden of proof. 
A. The judge may interview the child. If the judge chooses to interview the child 
and the child is 12 years of age or older, the judge shall interview the child outside of 
the presence of a permanency guardian in order to determine the child's perspective 
about the adoption and other relevant issues. 
B. The court shall grant an order of adoption if: 
(1) All necessary consents have been duly executed; 
(2) 
The permanency guardian is a suitable adopting parent and desires to 
establish a parent and child relationship with the child; and 
(3) The adoption is in the best interest of the child. 
C. If the judge is satisfied by a preponderance of the evidence with the identity and 
relations of the parties. the ability of the permanency guardian to bring up and 
educate the child properly and the fitness and propriety of the adoption and that the 
adoption is in the best interest of the child, the judge shall grant the adoption setting 
forth the facts and ordering that from that date the child is the child of the 
permanency guardian and must be accorded that status set forth in subsection 12 and 
that the child's name is changed, without requiring public notice of that change. 
After the adoption has been granted, the department shall me a certificate of adoption 
with the State Registrar of Vital Statistics on a form prescribed and furnished by the 
state registrar. 
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COMMITTEE AMENDMENT" A" to S.P. 352, L.D. 1152 
The department shall notify the biological parents whose parental rights have been 
terminated and grandparents who were granted reasonable rights of visitation or 
access pursuant to section 4005-E or Title 19-A, section 1803. 
11. Effect of consent to adoption by the biological parent. An order granting the 
adoption has the following effect. 
A. An order granting the adoption of the child by the pennanency guardian divests 
the consenting parent and child of all legal rights, powers, privileges, immunities, 
duties and obligations to each other as parent and child, except the inheritance rights 
between the child and the biological parent. 
B. An adoption order may not disentitle a child to benefits due the child from any 
3rd person, agency, state or the United States and may not affect the rights and 
benefits that a Native American derives from descent from a member of a federally 
recognized Indian tribe. 
12. Rights of adopted persons. Except as otherwise provided by law, an adopted 
person has all the same rights, including inheritance rights, that a child born to the 
adoptive parent would have. 
An adoptee also retains the right to inherit from the 
adoptee's biological parents if the adoption order so provides. 
Sec. 16. 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 whose parental rights have been previously tenninated by an order of the District 
Court. 
1. Contents of petition for reinstatement of parental rights. The petition for 
reinstatement of parental rights must be sworn and must include at least the following: 
A. The name, date and place of birth, if known, of the child and the child's current 
residence; 
B. The name and residence of the parent whose rights were terminated; 
C. The name and residence of the fonner guardian ad litem of the child in the related 
child protection proceeding; 
D. The names and residences of all persons known to the department that affect 
custody, visitation or access to the child; 
E. A summary of the reasons for the tennination of parental rights; 
F. 
A summary statement of the facts that the petitioner believes constitute a 
substantial change in circumstances of the parent that demonstrate the parent has the 
capacity and willingness to provide for the health and safety of the child; 
G. A statement of the intent of the parent whose rights were tenninated to consent to 
the reinstatement of parental rights; and 
H. A statement of the intent or willingness of the child as to the reinstatement of 
parental rights. 
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COMMITIEE AMENDMENT" A" to S.P. 352, L.D. 1152 
2. Permanency plan. The sworn petition must be accompanied by the permanency 
plan that provides for the health and safety of the child, outlines the transition services to 
the family and outlines the conditions and supervision reguired by the department for 
placing the child in the home on a trial basis. 
3. Scheduling of case management conference. On the filing of the petition, the 
court shall set a time and date for a case management conference under subsection 7. 
4. Withdrawal of petition. The department may withdraw the petition without 
leave ofthe court at any time prior to the final hearing. 
5. Guardian ad litem. The court shall appoint a guardian ad litem for the child. 
6. Service. The petition and the notice of the case management conference under 
subsection 7 must be served on the parent whose rights were terminated and the guardian 
ad litem for the child at least 10 days prior to the scheduled case management conference 
date. Service must be in accordance with the Maine Rules of Civil Procedure or in any 
other manner ordered by the court. 
7. Case management conference. Upon the filing of a petition for reinstatement of 
parental rights. the court shall hold a case management conference to review the 
permanency plan filed by the department to provide for transition services to the family. 
The permanency plan must outline the conditions and supervision reguired by the 
department for placing the child in the home on a trial basis. 
8. Reinstatement of parental rights. Parental rights may be reinstated as follows. 
A. The court shall hold a hearing prior to the reinstatement of parental rights. 
B. The department has the burden of proof. 
C. The court may order reinstatement of parental rights if the court finds, by clear 
and convincing evidence, that: 
(1) The child has been in the custody of the department for at least 12 months 
after the issuance of the order terminating parental rights: 
(2) The child has lived for at least 3 months in the home of the parent after the 
petition for reinstatement has been filed; 
(3) The parent consents to the reinstatement of parental rights. Consent must be 
written and voluntarily and knowingly executed in court before a judge. The 
judge shall explain the effects of reinstatement of parental rights: 
(4) If the child is 12 years of age or older, the child consents to the reinstatement 
of parental rights; and 
(5) Reinstatement of parental rights is in the best interest of the child. 
D. In determining whether to reinstate parental rights, the court shall consider the 
age and maturity of the child, the child's ability to express a preference. the child's 
ability to integrate back into the home of the parent whose rights were terminated, the 
ability of the parent whose rights were terminated to meet the child's physical and 
emotional needs. the extent that the parent whose rights were terminated has 
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COMMITIEE AMENDMENT "A "to S.P. 352, L.D. 1152 
remedied the circumstances that resulted in the termination of parental rights and the 
likelihood of future risk to the child. 
E. The court shall enter its findings in a written order that further states that from the 
date of the order of reinstatement of parental rights, the child is the child of the parent 
whose rights were terminated and must be accorded all the same rights as existed 
prior to the order terminating parental rights, including inheritance rights. The order 
must further state that all legal rights, powers, privileges, immunities, duties and 
obligations to each other as parent and child are reinstated. 
F. The reinstatement of one parent's rights does not affect the rights of the other 
parent. 
Sec. 17. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 22, chapter 1071, subchapter 4, in the subchapter 
headnote, the words "protection orders" are amended to read "protection orders; 
permanency guardianship" and the Revisor of Statutes shall implement this revision when 
updating, publishing or republishing the statutes.' 
SUMMARY 
This amendment replaces the bill but retains some of the sections with minor changes 
and continues to carry out the intent of the bill. 
This amendment authorizes hospitals, medical personnel and law enforcement 
personnel to submit emergency reports of child abuse or neglect to the Department of 
Health and Human Services via an e-mail or a faxed report. 
This amendment clarifies that the District Court has jurisdiction over petitions for 
adoption from permanency guardianship filed by the department. 
This amendment revises the provisions on extended care for persons who are 18, 19 
or 20 years of age who attained 18 years of age while in the care and custody of the State. 
In addition to reformatting the language, it provides additional details on the District 
Court's required review that must occur at least once every 12 months. The person or the 
department may terminate the agreement of extended care and support without approval 
by the court; the department must notify the court of the termination. Guardians ad litem 
and attorneys may not be appointed for persons who are at least 18 years of age. 
This amendment provides specific elements that must be included in a petition for 
adoption from permanency guardianship. 
A background check of each prospective 
adoptive parent must be included, as well as the home study of the permanency guardian 
or an updated home study if the original home study was completed more than 2 years 
before the filing of the petition. This amendment requires a case management conference 
after a petition has been filed and requires the court to appoint a guardian ad litem and 
attorneys for indigent parents and custodians. This amendment also requires service of 
the petition for adoption and the notice of the case management conference on the child's 
parents. If the parents do not consent, the court must dismiss the adoption petition. 
This amendment revises the language on the reinstatement of parental rights. As 
provided in the bill, only the department may petition to have parental rights reinstated, 
COMMITTEE AMENDMENT 
COMMITfEE AMENDMENT" A" to S.P. 352, L.D. 1152 
and only in specific circumstances. This amendment includes specific elements of the 
petition for reinstatement and includes a specific process that the court must follow. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/08111 
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LD 1152 
LR 796(02) 
An Act To Ainend the Child and Family Services and Child Protection Act 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment "A" S· 2Cflf 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium savings - General Fund 
Minor cost increase - General Fund 
Additional costs to the Department of Health and Human Services can be absorbed within existing budgeted 
resources. The bill's provisions to allow persons 19,20, or 21 years of age to continue in care if they were in care at 
the age of 18 could result in the State claiming federal funds under Title IV -E for these services. The amount of this 
claim and any savings to the State cannot be detennined at this time. 
LR0796(02) - Fiscal Note - Page 1 of 1