An Act To Amend the Child Protective Services Statutes
Maine Legislature, Session 128, LD 1187
Committee: Health and Human Services
Sponsors: MALABY, CHAPMAN, NADEAU, PICCHIOTTI, SAMPSON
Amends: 22 MRSA §4003, 22 MRSA §4005-E, 22 MRSA §4007, 22 MRSA §4034

Legislative Document
No. 1187
H.P. 824
House of Representatives, March 28, 2017
An Act To Amend the Child Protective Services Statutes
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MALABY of Hancock.
Cosponsored by Representatives: CHAPMAN of Brooksville, NADEAU of Winslow, 
PICCHIOTTI of Fairfield, SAMPSON of Alfred.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §4003, sub-§3-A, as enacted by PL 2005, c. 374, §1, is 
amended to read: 
3-A.  Kinship placement.  Place children who are taken from the custody of their 
parents with an adult a relative when whenever possible.  There is a rebuttable 
presumption that placement with a relative is in the best interests of the child; 
Sec. 2.  22 MRSA §4005-E, sub-§2, as amended by PL 2007, c. 371, §2, is 
further amended to read: 
2.  Placement.  A relative who is designated as an interested person or a participant 
under section 4005-D or who has been granted intervenor status under the Maine Rules of 
Civil Procedure, Rule 24 may request the court to order that the child be placed with the 
relative.  A relative who has not been designated as a participant under section 4005-D 
may make the request for placement in writing.  In making a decision on the request, the 
court shall make placement with a relative a priority for consideration for placement if 
that placement is in the best interests of the child and consistent with section 4003.  There 
is a rebuttable presumption that placement with a relative is in the best interests of the 
child, if such placement does not substantially interfere with reunification efforts. 
Sec. 3.  22 MRSA §4007, sub-§7 is enacted to read: 
7.  Parent's right to hear evidence before testifying.  In any hearing held by the 
court prior to issuing an order in a child protection proceeding, a parent of the child who 
is the subject of the proceeding has the right to hear all evidence presented, except for 
testimony by the guardian ad litem, prior to testifying in the hearing. 
Sec. 4.  22 MRSA §4034, sub-§4, as amended by PL 2015, c. 501, §10, is further 
amended to read: 
4.  Summary preliminary hearing.   The court shall schedule a summary 
preliminary hearing on a preliminary protection order within 14 days but not less than 7 
days after issuance of the preliminary protection order, except that counsel for a parent 
may request that the hearing take place sooner.  Upon request of counsel, the court may 
conduct the summary preliminary hearing as expeditiously as the court determines the 
interests of justice require.  If a parent, custodian or legal guardian appears for the 
summary preliminary hearing and does not consent to the preliminary protection order, 
the court shall conduct a hearing at which the petitioner bears the burden of proof.  At a 
summary preliminary hearing, the court may limit testimony to the testimony of the 
caseworker, parent, custodian, legal guardian, guardian ad litem, foster parent, 
preadoptive parent or relative providing care and may admit evidence, including reports 
and records, that would otherwise be inadmissable inadmissible as hearsay evidence.  If 
after the hearing the court finds by a preponderance of the clear and convincing evidence 
that returning the child to the child's custodian would place the child in immediate risk of 
serious harm, it shall continue the order or make another disposition under section 4036.  
If the court's preliminary protection order includes a finding of an aggravating factor, the 
court may order the department not to commence reunification or to cease reunification, 
in which case the court shall conduct a hearing on jeopardy and conduct a permanency 
planning hearing.  The hearings must commence within 30 days of entry of the 
preliminary protection order. 
If the petitioner has not been able to serve a parent, custodian or legal guardian before the 
scheduled summary preliminary hearing, the parent, custodian or legal guardian may 
request a subsequent summary preliminary hearing within 10 days after receipt of the 
petition. 
Sec. 5.  22 MRSA §4034, sub-§§7 and 8 are enacted to read: 
7.  Proportional use.  The department shall limit its total filings for preliminary 
protection orders in a calendar year to no more than 50% of the total number of child 
protection petitions filed in that same calendar year. 
8.  Report.  The department shall provide annual updates to the joint standing 
committee of the Legislature having jurisdiction over judiciary matters and the joint 
standing committee of the Legislature having jurisdiction over health and human services 
matters as to the number of preliminary protection orders it has requested in the previous 
calendar year and the total number of child protection petitions it has filed in that same 
calendar year. 
SUMMARY 
This bill makes the following changes to the laws governing child protective services. 
1.  It changes the standard for determining when placement of a child in custody is in 
the best interests of the child to include a rebuttable presumption that placement with a 
relative is in the best interests of the child, if placement with that relative does not 
substantially interfere with reunification efforts with the birth parents. 
2.  It provides that in any hearing held by the court prior to issuing an order in a child 
protection proceeding, a parent of the child who is the subject of the proceeding has the 
right to hear all evidence presented, except for testimony by the guardian ad litem, prior 
to testifying in the hearing. 
3.  It changes the standard of proof required for a preliminary protection order from a 
preponderance of the evidence to clear and convincing evidence. 
4.  It requires that the Department of Health and Human Services limit its use of 
preliminary protection orders to no more than 50% of the total child protection petitions it 
has filed in a calendar year. 
5.  It requires the department to report to the Legislature annually as to its use of the 
preliminary protection order relative to child protection petitions.