An Act To Waive Background Checks for the Parent of a Child Who Is the Subject of an Adoption Proceeding
Maine Legislature, Session 128, LD 0365
Committee: Judiciary
Sponsors: GUERIN, BRADSTREET, DUNPHY, MOONEN, SAMPSON, SHERMAN, TIPPING, VOLK
Amends: 18-A MRSA §9

Legislative Document
No. 365
H.P. 271
House of Representatives, February 2, 2017
An Act To Waive Background Checks for the Parent of a Child 
Who Is the Subject of an Adoption Proceeding
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GUERIN of Glenburn.
Cosponsored by Representatives: BRADSTREET of Vassalboro, DUNPHY of Old Town, 
McCREIGHT of Harpswell, MOONEN of Portland, SAMPSON of Alfred, SHERMAN of 
Hodgdon, TIPPING of Orono, Senator: VOLK of Cumberland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  18-A MRSA §9-304, sub-§(a-1), as amended by PL 2013, c. 267, Pt. B, 
§12, is further amended to read: 
(a-1).  Upon the filing of a petition for adoption of a minor child, the court shall 
request a background check and shall direct the department or a licensed child-placing 
agency to conduct a study and make a report to the court. 
(1).  The 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.  The department or licensed child-placing 
agency shall submit the report to the court within 60 days. 
(i)  If the court has a report that provides sufficient, current information, the court 
may waive the requirement of a study and report. 
(ii)  If the petitioner is a blood relative of the child, the court may waive the 
requirement of a study and report. 
(2).  The court shall request a background check for each prospective adoptive parent 
who is not the biological parent of the child.  The background check must include a 
screening for child abuse cases in the records of the department and criminal history 
record information obtained from the Maine Criminal Justice Information System and 
the Federal Bureau of Investigation. 
(i)  The criminal history record information obtained from the Maine Criminal 
Justice Information System must include a record of public criminal history 
record information as defined in Title 16, section 703, subsection 8. 
(ii)  The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record 
information. 
(iii)  Each prospective parent who is not the biological parent of the child shall 
submit to having fingerprints taken.  The State Police, upon receipt of the 
fingerprint card, may charge the court 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. 
(iv)  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, Sections 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 709. 
(v)  State and federal criminal history record information may be used by the 
court for the purpose of screening prospective adoptive parents in determining 
whether the adoption is in the best interests of the child. 
(vi)  Information obtained pursuant to this paragraph is confidential.  The results 
of background checks received by the court are for official use only and may not 
be disseminated outside the court except as required under Title 22, section 
4011-A. 
(vii)  The expense of obtaining the information required by this paragraph is 
incorporated in the adoption filing fee established in section 9-301.  The Probate 
Court shall collect the total fee and transfer the appropriate funds to the 
Department of Public Safety and the department. 
The court may waive the background check of a prospective adoptive parent if a previous 
background check was completed by a court or by the department under this subsection 
within a reasonable period of time and the court is satisfied that nothing new that would 
be included in the background check has transpired since the last background check. 
This subsection does not authorize the court to request a background check for the 
biological parent who is also the current legal parent of the child. 
Sec. 2.  18-A MRSA §9-304, sub-§(a-2), as amended by PL 2013, c. 267, Pt. B, 
§13, is further amended to read: 
(a-2).  The department may, pursuant to rules adopted by the department, at any time 
before the filing of the petition for adoption, conduct background checks for each 
prospective adoptive parent of a minor child in its custody. 
(1).  The department may request a background check for each prospective adoptive 
parent who is not the biological parent of the child.  The background check must 
include criminal history record information obtained from the Maine Criminal Justice 
Information System and the Federal Bureau of Investigation. 
(i)  The criminal history record information obtained from the Maine Criminal 
Justice Information System must include a record of public criminal history 
record information as defined in Title 16, section 703, subsection 8. 
(ii)  The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record 
information. 
(iii)  Each prospective parent who is not the biological parent 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. 
(iv)  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, Sections 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 709. 
(v)  State and federal criminal history record information may be used by the 
department for the purpose of screening prospective adoptive parents in 
determining whether the adoption is in the best interests of the child. 
(vi)  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 subsection (a-1). 
(2).  Rules adopted by the department pursuant to this subsection are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
SUMMARY 
Current law requires the court to order a criminal background check of each 
prospective adoptive parent of a child who is the subject of an adoption petition, except if 
the petitioner is a biological parent of the child.  This bill removes the requirement that 
the court order a criminal background check of a parent of the child who is not the 
biological parent.