An Act To Provide for Judicial Review in Compliance with the Federal Legislation Known as the Family First Prevention Services Act
Maine Legislature, Session 129, LD 2039
Committee: Health and Human Services
Sponsors: MADIGAN
Amends: 22 MRSA §4002, 22 MRSA §4038

Legislative Document
No. 2039
H.P. 1450
House of Representatives, January 16, 2020
An Act To Provide for Judicial Review in Compliance with the 
Federal Legislation Known as the Family First Prevention Services 
Act
Submitted by the Department of Health and Human Services pursuant to Joint Rule 203.
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MADIGAN of Waterville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §4002, sub-§6-B is enacted to read:
6-B.  Qualified professional.  "Qualified professional" means a qualified individual 
as defined in the federal Bipartisan Budget Act of 2018, Public Law 115-123, Division E, 
Title VII (2018), known as the Family First Prevention Services Act.
Sec. 2.  22 MRSA §4002, sub-§6-C is enacted to read:
6-C.  Qualified residential treatment program.  "Qualified residential treatment 
program" means a program within a licensed children's residential care facility as defined 
in section 8101, subsection 4 that provides continuous 24-hour care and supportive 
services to children in a residential nonfamily home setting that:
A.  Uses a trauma-informed treatment model that is designed to address the clinical 
and other needs of children with serious emotional and behavioral disorders or 
disturbances;
B.  Implements a specific treatment recommended in a needs assessment completed 
by a qualified professional;
C.  Employs registered or licensed nursing staff and other licensed clinical staff who 
are:
(1)  On site according to the treatment model used pursuant to paragraph A and 
during business hours; and
(2)  Available 7 days a week on a 24-hour basis;
D.  Appropriately facilitates outreach to family members and integrates those family 
members into the treatment of children;
E.  Provides discharge planning for children;
F.  Is licensed by the department in accordance with the United States Social Security 
Act, Section 471(a)(10); and
G.  Is accredited by an independent nonprofit organization approved by the 
department.
Sec. 3.  22 MRSA §4038, sub-§8 is enacted to read:
8.  Placement in qualified residential treatment program; hearing within 60 
days.  The court shall conduct a hearing to review the status of a child placed in a 
qualified residential treatment program and determine the appropriateness of the 
placement within 60 days after the child enters the program.
A.  At the hearing under this subsection, the court shall:
(1)  Review a needs assessment of the child conducted by a qualified 
professional;
(2)  Consider whether the needs of the child can be met through an alternative 
placement in a family foster home as defined in section 8101, subsection 3;
(3)  Consider whether the placement of the child in a qualified residential 
treatment program provides effective and appropriate care for the child in the 
least restrictive environment; and
(4)  Consider whether placement of the child in a qualified residential treatment 
program is consistent with the short-term and long-term goals for the child as 
specified in the permanency plan of the child protection case pursuant to section 
4038-B.
B.  The court shall state, in writing, the reasons for its decision to approve or 
disapprove under this subsection the continued placement of the child in the qualified 
residential treatment program.
C.  In a hearing under this subsection, records of evaluations of the child and medical, 
behavioral and mental health records of the child are admissible upon showing that 
the records contain information relevant to the issues before the court, as long as the 
records are made available to counsel at least 10 days prior to the hearing.
Sec. 4.  22 MRSA §4038, sub-§9 is enacted to read:
9.  Continued placement in qualified residential treatment program; judicial 
review.  At each review conducted pursuant to this section regarding a child placed in a 
qualified residential treatment program, the court shall make judicial findings, by a 
preponderance of the evidence, regarding the child's continued placement.
A.  The court shall:
(1)  Determine whether an ongoing needs assessment of the child, as prepared by 
qualified professionals, supports continued placement of the child in the qualified 
residential treatment program;
(2)  Determine whether the documentation about the child regarding the child's 
placement in the qualified residential treatment program supports the conclusion 
that it is an effective and appropriate level of care for the child in the least 
restrictive environment; and
(3)  Determine whether the documentation about the child supports the 
conclusion that continued placement in the qualified residential treatment 
program is consistent with the short-term and long-term goals for the child as 
specified in the permanency plan of the child protection case pursuant to section 
4038-B.
B.  The court shall state, in writing, the reasons for its decision to approve or 
disapprove under this subsection the continued placement of the child in the qualified 
residential treatment program.
C.  In a hearing under this section regarding the child's continued placement in a 
qualified residential treatment program, records of evaluations of the child and 
medical, behavioral and mental health records of the child are admissible upon 
showing that the records contain information relevant to the issues before the court, 
as long as the records are made available to counsel at least 10 days prior to the 
hearing.
SUMMARY
In order to claim federal reimbursement for the cost of a child's placement in a 
residential care facility under the federal legislation known as the Family First Prevention 
Services Act, this bill adds definitions to the Child and Family Services and Child 
Protection Act and creates a statutory requirement for a court hearing within 60 days of a 
child's placement in a qualified residential treatment program within a residential care 
facility.  Additionally, this bill ensures that regular reviews of a child's placement in a 
qualified residential treatment program are conducted by the court.