An Act To
Maine Legislature, Session 128, LD 1187
Committee Amendment CA_A_H724 (House)
Amends: 18-A MRSA §9, 22 MRSA §4002, 22 MRSA §4003, 22 MRSA §4005-D, 22 MRSA §4005-E, 22 MRSA §4038-E, 22 MRSA §4062

COMMITTEE AMENDMENT "f1" to H.P. 824, L.D. 1187, Bill, "An Act To 
Amend the Child Protective Services Statutes" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 18-A MRSA §9-308, sub-§(e), as amended by PL 2001, c. 696, §9, is 
further amended to read: 
(e). 
The department shall notify the grandparents of a child when the child is placed 
for adoption if the department has received notice that the grandparents were granted 
reasonable rights of visitation or access under Title 19-A, chapter 59 or Title 22, section 
400&-B 4005-H. 
Sec. 2. 22 MRSA §4002, sub-§1-C is enacted to read: 
1-C. Best interest of the child. "Best interest of the child," ''best interests of the 
child," "child's best interest" and "child's best interests" mean the standard of the best 
interest of the child according to the factors set forth in Title 19-A, section 1653, 
subsection 3. 
Sec. 3. 22 MRSA §4002, sub-§5-C is enacted to read: 
5-C. Grandparent. "Grandparent" means the parent of a child's parent. 
Sec. 4. 22 MRSA §4002, sub-§9-B, as amended by PL 2007, c. 371, §1, is 
further amended to read: 
9-B. Relative. "Relative" means the biologioal or adoptive parant of the child's 
biologioal or adoptive parent, or the biologioal or adoptive sister, brother, alffit, unole or 
oousin of a family member related to the child within the 3rd degree through parentage 
established under Title 19-A, chapter 61 or any spouse of that family member. "Relative" 
also includes the adoptive parent of the child's siblings. "Relative" includes, for an Indian 
child as defined by the Indian Child Welfare Act of 1978, 25 United States Code, Section 
1903, Subsection 4, an extended family member as defined by the law or custom of the 
Indian child's tribe or, in the absence of such law or custom, an extended family member 
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as defined by the Indian Child Welfare Act of 1978, 25 United States Code, Section 1903, 
Subsection 2. 
Sec. 5. 22 MRSA §4003, sub-§2, as enacted by PL 1979, c. 733, §18, is amended 
to read: 
2. Removal from parental custody. Provide that children will be tal€eH: removed 
from the custody of their parents only where failure to do so would jeopardize their health 
or welfare; 
Sec. 6. 22 MRSA §4003, sub-§3-A, as enacted by PL 2005, c. 374, §1, is 
amended to read: 
3-A. Kinship placement. Plaoo Consistent with sections 4005-G and 4005-H, place 
children who are tal€eH: removed from the custody of their parents with an adult relative 
when possible; 
Sec. 7. 22 MRSA §4003, sub-§3-B is enacted to read: 
3-B. 
Sibling placement. 
Consistent with sections 4005-G and 4005-H, place 
children who are removed from the custody of their parents with as many of those 
children's siblings as possible: 
Sec. 8. 22 MRSA §4005-D, sub-§1, ~, as enacted by PL 2001, c. 696, §16, is 
amended to read: 
B. 
11Grandparent
means the biological or adoptive parent of a ohild1s biological or 
adoptive parent 
11Grandparent
11Grandparent,
in addition to the meaning set forth in 
section 4002, subsection 5-C, includes the .!! parent of a child's parent whose parental 
rights have been terminated, but only until the child is placed for adoption. 
Sec. 9. 22 MRSA §4005-D, sub-§2, as enacted by PL 2001, c. 696, §16, is 
amended to read: 
2. Interested persons. Upon request, the court shall designate a foster parent, 
grandparent, preadoptive parent or a relative of a child by blood or marriage as an 
interested person unless the court finds good cause not to do so. The court may also grant 
interested person status to other individuals who have a significant relationship to the 
child, including, but not limited to, teachers, coaches, counselors or a person who has 
provided or is providing care for the child. 
Sec.10. 22 MRSA §4005-E, as amended by PL 2007, c. 513, §5, is repealed. 
Sec.11. 22 MRSA §§4005-G and 4005-H are enacted to read: 
§4005-G. Department responsibilities regarding kinship and sibling placement 
1. 
Kinship preference. 
Except as provided in subsections 3, 5 and 6, in the 
residential placement of a child. the department shall give preference to an adult relative 
over a nonrelated caregiver when determining placement for a child, as long as the adult 
relative meets all relevant state child protection standards. 
2. 
Sibling preference. 
Except as provided in subsection 3, in the residential 
placement of a child. the department shall make reasonable efforts to place a child with 
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COMMI'ITEE AMENDMENT "it" to H.P. 824, L.D. 1187 
all of the child's siblings at the earliest possible time unless the placement is contrary to 
the safety or well-being of the child or one or more of the siblings. If placing a child with 
all of the child's siblings is impossible or contrary to the safety or well-being of the child 
or one or more of the siblings, the department shall place the child with as many of the 
child's siblings as is possible and consistent with the safety and well-being of the child 
and the siblings. 
3. Exception; reunification. The department is not required to apply the placement 
preferences in subsections 1 and 2 if documented facts support the conclusion that the 
placement will interfere with active reunification under section 4041. If the court orders 
the department not to commence reunification or to cease reunification or if the court 
terminates parental rights pursuant to section 4055, the department must apply the 
placement preferences in subsections 1 and 2. 
4. Identification of adult relatives. Prior to filing a child protection petition under 
section 4032, the department shall exercise due diligence to ask each individual that the 
department has identified as a parent of a child that is the subject of the petition to 
provide the names and contact information of the following: 
A. Relatives who have provided care for the child on a temporary basis in the past; 
B. 
Relatives who the parent believes would be safe caregivers during family 
reunification under section 4041: and 
C. Relatives who the parent believes would be able to serve as a safe resource to 
support family reunification under section 4041, including by safely supervising 
visits between the parent and the child. 
The department shall include the names and contact information of relatives identified by 
a parent in the petition pursuant to section 4032, subsection 2, paragraphs J and K. When 
the department identifies or locates a parent after filing the petition, the department shall 
exercise due diligence to ask that parent to provide the names and contact information of 
relatives as required by this subsection as soon as possible. 
5. Background check. Within 14 days of receiving information about a relative 
pursuant to subsection 4, the department shall conduct a background check on that 
relative unless the relative has informed the department that the relative does not want to 
provide a residential placement for the child or to serve as a safe resource under 
subsection 4, paragraph C for the child. 
The background check must include, at a 
minimum, obtaining public criminal history record information as defined in Title 16, 
section 703, subsection 8 from the Maine Criminal Justice Information System and 
determining whether the relative has been the subject of a child abuse and neglect finding 
in this or another state. 
Notwithstanding any other provision of this chapter, the department is not required to 
consider residential placement of the child with a relative or use a relative as a safe 
resource under subsection 4, paragraph C if: 
A. The department has substantiated any report of child abuse or neglect regarding 
that relative or a substantially equivalent determination regarding that relative has 
been made in another state: or 
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COMMITTEE AMENDMENT ·A "to H.P. 824, L.D. 1187 
B. The relative has been convicted of a criminal offense relevant to the relative1s 
ability to provide a safe placement for the child or serve as a safe resource under 
subsection 4, paragraph C. 
6. License as a family foster home. The department is not required to consider 
residential placement of a child with a relative who does not exercise due diligence to 
obtain a license as a family foster home, including by applying for a license, attending all 
required trainings, cooperating with a home study and promptly addressing any problems 
identified by the department that prevent the department from granting the license. The 
department is also not required to consider or to continue residential placement of a child 
with a relative who has exercised due diligence to obtain a license as a family foster home 
but whose application for a license has been denied. As used in this subsection, 
11family 
foster home
has the same meaning as in section 8101, subsection 3. 
§4005-H. Relatives; visitation or access; placement by court 
1. 
Grandparent visitation or access. A grandparent 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 grant reasonable rights of visitation or access. When a child is placed in a 
prospective adoptive home and the prospective adoptive parents have signed an adoptive 
placement agreement, a grandparent1s rights of visitation or access that were granted 
pursuant to this chapter are suspended unless a court determines that it is in the best 
interest of the child to continue the grandparent's rights of visitation or access. 
A 
grandparent1s rights of visitation or access terminate when the adoption is finalized 
pursuant to Title 18-A, section 9-308. Nothing in this section prohibits prospective 
adoptive parents from independently facilitating or permitting contact between a child 
and a grandparent, especially when a court has previously ordered rights of visitation or 
access. 
For the purposes of this subsection, 
11grandparent
includes a parent of a child1s parent 
whose parental rights have been terminated, but only until the child is adopted. 
2. 
Placement by court. A relative may request that the court order that the 
department place a child with that relative in accordance with this subsection. 
A. 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 either orally or in writing that the court order that the 
child be placed with that relative. A relative who has not been designated as an 
interested person, a participant or an intervenor may request in writing that the child 
be placed with that relative. 
B. If one or more relatives request placement under paragraph A, the court may by 
order refer the relatives to mediation with the foster parents, if the child has been 
placed with foster parents, and the guardian ad litem. The court may order the 
department to attend the mediation. The order must designate the mediator and 
specify responsibility for the costs of mediation. An agreement reached by the 
parties through mediation involving placement or visitation must be reduced to 
writing, signed by all parties and presented to the court. The court shall consider but 
is not bound by an agreement under this paragraph. 
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C. In making a decision on a request under paragraph A. the court shall, consistent 
with section 4003, place the child with a relative who made a request if that 
placement is in the best interest of the child. 
D. If a court order placing a child with a relative under paragraph C is made part of a 
permanency planning order entered pursuant to section 4038-B, subsection 3, 
placement with that relative is the preferred placement in all future proceedings on 
the child protection petition with respect to the child unless evidence is presented that 
remaining in that placement will negatively affect the child's emotional or physical 
health, safety, stability or well-being. 
3. Conviction or adjudication for certain sex offenses; presumption. There is a 
rebuttable presumption that the relative would create a situation of jeopardy for the child 
if any contact were to be permitted and that contact is not in the best interest of the child 
if the court finds that the relative: 
A. Has been convicted of an offense listed in Title 19-A, section 1653, subsection 
6-A, paragraph A in which the victim was a minor at the time of the offense and the 
relative was at least 5 years older than the minor at the time of the offense except 
that, if the offense was gross sexual assault under Title 17-A. section 253, subsection 
1, paragraph B or C, or an offense in another jurisdiction that involves conduct that is 
substantially similar to that contained in Title 17-A. section 253, subsection 1, 
paragraph B or C, and the minor victim submitted as a result of compulsion, the 
presumption applies regardless of the ages of the relative and the minor victim at the 
time of the offense: or 
B. Has been adjudicated in an action under this chapter of sexually abusing a person 
who was a minor at the time of the abuse. 
The relative seeking visitation with or access to the child may produce evidence to rebut 
the presumption. 
Sec. 12. 22 MRSA §4038-E, sub-§10, 1C, as enacted by PL 2011, c. 402, §15, 
is amended to read: 
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 file a certificate of adoption 
with the State Registrar of Vital Statistics on a form prescribed and furnished by the 
state registrar. 
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 400&-B 4005-H or Title 19-A, section 1803. 
Sec. 13. 22 MRSA §4062, sub-§4, as enacted by PL 1999, c. 382, §1, is amended 
to read: 
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4. Kinship and sibling preferences. In the residential placement of a child, the 
department shall oonsider giving preferenoe to an adult relative over a nonrelated 
oaregiver v.1wn determining plaoement for a child, as long as the related caregiver meets 
Al1 r11l@JAnt Rtfite ohil1111roteotion RtanrlarrlR comply with section 4005-G.' 
SUMMARY 
This amendment replaces the bill and makes the following changes to the Child and 
Family Services and Child Protection Act. 
1. It specifies that the standard of the best interest of the child set forth in the Maine 
Revised Statutes, Title 19-A, section 1653, subsection 3 applies to child protection 
proceedings. 
2. It amends the definition of"relative" to be consistent with the Maine Parentage Act 
and the federal Indian Child Welfare Act of 1978. 
3. It establishes the Legislature's intent that a child who has been removed from the 
custody of the child's parents be placed with as many of the child's siblings as is possible 
and consistent with the safety and well-being of the child and the child's siblings. 
4. It outlines the process and timelines that the Department of Health and Human 
Services must follow to effectuate the Legislature's intent that the department place a 
child who has been removed from the custody of the child's parents with an adult relative 
rather than a nonrelated caregiver as long as the adult relative passes child welfare and 
criminal background checks and exercises due diligence to obtain a license as a family 
foster home. 
5. It changes the laws outlining a court's authority to order grandparent visitation or 
access to a child and to order placement of a child with a relative and moves those laws to 
a section of the Act immediately following the section outlining the department's 
responsibilities for relative and sibling placement. The amendment authorizes the court 
to order a relative who requests placement to participate in mediation with the foster 
parents, if any, the guardian ad litem and the department, when appropriate. The court 
must consider but is not bound by an agreement involving placement or visitation reached 
by the parties at mediation. The amendment also provides that if a court orders that a 
child be placed with a relative as part of a permanency planning order, that placement is 
the preferred placement in all future proceedings on the child protection petition unless 
the court finds that remaining in that placement will negatively affect the child. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/01/18 :;JWac 
LD 1187 
LR 1257(02) 
An Act To Amend the Child Protective Services Statutes 
Fiscal Note for Bill as Amended by Committee Amendment ,A{ N-7J 0 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Department of Health and Human Services to implement the provisions of this bill are 
expected to be minor and can be absorbed within existing budgeted resources. 
LR1257(02) - Fiscal Note - Page 1 of 1