An Act To Facilitate Intervention by and Provision of Services through the Department of Health and Human Services for Certain Families Affected by Substance Use
Maine Legislature, Session 129, LD 1185
Committee: Health and Human Services
Sponsors: BRENNAN, MILLETT, CRAVEN, EVANGELOS, FARNSWORTH, FECTEAU, GRAMLICH, MASTRACCIO, PERRY, WARREN
Amends: 22 MRSA §4004, 22 MRSA §4041

Legislative Document
No. 1185
H.P. 859
House of Representatives, March 12, 2019
An Act To Facilitate Intervention by and Provision of Services 
through the Department of Health and Human Services for Certain 
Families Affected by Substance Use
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BRENNAN of Portland.
Cosponsored by Senator MILLETT of Cumberland and
Representatives: CRAVEN of Lewiston, EVANGELOS of Friendship, FARNSWORTH of 
Portland, FECTEAU of Biddeford, GRAMLICH of Old Orchard Beach, MASTRACCIO of 
Sanford, PERRY of Calais, WARREN of Hallowell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §4004, sub-§2, ¶E, as amended by PL 2007, c. 586, §7, is 
further amended to read:
E.  If, after investigation, the department does not file a petition under section 4032 
but does open a case to provide services to the family to alleviate child abuse and 
neglect in the home, assign a caseworker, who shall:
(1)  Provide information about rehabilitation and other services that may be 
available to assist the family; and
(2)  Develop with the family a written child and family plan.
The child and family plan must identify the problems in the family and the 
services needed to address those problems, including, but not limited to, services 
relating to and treatment for substance use disorder; must describe 
responsibilities for completing the services, including, but not limited to, 
payment for services, transportation and child care services and responsibilities 
for seeking out and participating in services; and must state the names, addresses 
and telephone numbers of any relatives or family friends known to the 
department or parent to be available as resources to the family.
The child and family plan must be reviewed every 6 months, or sooner if 
requested by the family or the department; and
(3)  Arrange for the family to receive services relating to and treatment for 
substance use disorder in cases in which the child abuse and neglect in the home 
are related to substance use.  For as long as the child and family plan is in effect, 
these services must be paid by the department, unless the services are 
reimbursable under MaineCare or other insurance for the benefit of the person 
receiving services;
Sec. 2.  22 MRSA §4004, sub-§4 is enacted to read:
4.
Training.  The department shall provide to an employee engaged in child
protective services training regarding substance use disorder and its effect on the 
employee's job responsibilities.
Sec. 3.  22 MRSA §4041, sub-§1-A, ¶A, as enacted by PL 2001, c. 559, Pt. CC, 
§5, is amended to read:
A.  The department shall:
(1)  Develop a rehabilitation and reunification plan as provided in this 
subparagraph.
(a)  In developing the rehabilitation and reunification plan, the department 
shall make good faith efforts to seek the participation of the parent.  
Information that must be included in developing the plan includes the 
problems that present a risk of harm to the child, the services needed to 
address those problems, including, but not limited to, services relating to and 
treatment for substance use disorder, provisions to ensure the safety of the 
child while the parent engages in services, a means to measure the extent to 
which progress has been made, and visitation that protects the child's 
physical and emotional well-being.  With this information, the department 
shall prepare a written rehabilitation and reunification plan.
(b)  The department shall circulate the plan to the parties at least 10 days 
before a scheduled court hearing and shall present the plan to the court for 
filing at that hearing.
(c)  The rehabilitation and reunification plan must include the following:
(i)  The reasons for the removal of the child from home;
(ii)  The changes that are necessary to eliminate jeopardy to the child 
while in the care of a parent;
(iii)  Rehabilitation services that will be provided and must be completed 
satisfactorily prior to the child's returning home;
(iv)  Services that must be provided or made available to assist the parent 
in rehabilitating and reunifying with the child, as appropriate to the child 
and family, including, but not limited to, services relating to and 
treatment for substance use disorder, reasonable transportation for the 
parent for visits and services, child care, housing assistance, assistance 
with transportation to and from required services and other services that 
support reunification;
(v)  A schedule of and conditions for visits between the child and the 
parent designed to provide the parent and child time together in settings 
that provide as positive a parent-child interaction as can practicably be 
achieved while ensuring the emotional and physical well-being of the 
child when visits are not detrimental to the child's best interests;
(vi)  Any use of kinship support, including, but not limited to, placement, 
supervision of visitation, in-home support or respite care;
(vii)  A reasonable time schedule for proposed reunification, reasonably 
calculated to meet the child's needs; and
(viii)  A statement of the financial responsibilities of the parent and the 
department during the reunification process. The department is 
financially responsible for services relating to and treatment for 
substance use disorder during the reunification process, unless the 
services are reimbursable under MaineCare or other insurance for the 
benefit of the person receiving services;
(2)  Provide the parent with prompt written notice of the following, unless that 
notice would be detrimental to the best interests of the child:
(a)  The child's residence and, when practicable, at least 7 days' advance 
written notice of a planned change of residence; and
(b)  Any serious injuries, major medical care received or hospitalization of 
the child;
(3)  Make good faith efforts to cooperate with the parent in the pursuit of the 
plan;
(4)  Periodically review with the parent the progress of the plan and make any 
appropriate changes in that plan.  If the parties disagree about the proposed 
changes in the plan, any party may seek an informal conference with all other 
parties in an effort to resolve the disagreement, prior to initiating court action.  If 
the parties are unable to agree after an informal conference, the parties may have 
access to the court's case management system.  This subparagraph may not be 
construed to limit the court's authority to manage and control any cases within the 
court;
(5)  Petition for judicial review and return of custody of the child to the parent at 
the earliest appropriate time; and
(6)  Petition for termination of parental rights at the earliest possible time that it is 
determined that family reunification efforts will be discontinued pursuant to 
subsection 2 and that termination is in the best interests of the child.
Sec. 4.  22 MRSA §4041, sub-§4 is enacted to read:
4. Program for identification of families affected by substance use disorder.  The
department shall create a program for families affected by substance use disorder.  The 
department shall create a process to identify families engaged in a rehabilitation and 
reunification plan under this section in which substance use disorder is a barrier to the 
return of a child to the child's home.  The department shall ensure that timely and 
appropriate intervention and treatment for the substance use disorder are provided to a 
family identified in accordance with this subsection.  The department shall adopt rules to 
implement this subsection.  Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill requires the Department of Health and Human Services to provide and pay 
for services relating to and treatment for substance use disorder in cases in which it does 
not file a child protection petition under the Maine Revised Statutes, Title 22, section 
4032 but does open a case to provide services to the family to alleviate child abuse and 
neglect in the home, and also to provide and pay for those services as part of the 
rehabilitation and reunification plan required pursuant to Title 22, section 4041 when a 
child has been removed from the home.  The bill provides that the department is not 
financially responsible if the person receiving services is insured by MaineCare or other 
insurance and that insurance covers the cost of those services.  The bill establishes a 
program within the department for families affected by substance use disorder.  The 
department is required to create a process to identify families engaged in a rehabilitation 
and reunification plan in which substance use disorder is a barrier to the return of a child 
to the child's home and ensure the family receives intervention and treatment for the 
disorder.