An Act To Provide for Judicial Review in Compliance with the Federal Family First Prevention Services Act
Maine Legislature, Session 130, LD 0765
Committee: Judiciary
Sponsors: HARNETT
Amends: 22 MRSA §4002, 22 MRSA §4038

Legislative Document
No. 765
H.P. 570
House of Representatives, March 5, 2021
An Act To Provide for Judicial Review in Compliance with the 
Federal Family First Prevention Services Act
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HARNETT of Gardiner.
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 individual.  "Qualified individual" has the same meaning as in 42 
United States Code, Section 675a(c)(1)(D)(i) (2020).
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.  Utilizes 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 individual;
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 including 6 months of post-discharge 
aftercare support;
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 
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 individual;
(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.  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 placement within 60 days after the child 
continues placement in the qualified residential treatment program.
A.  The court shall:
(1)  Determine whether an ongoing needs assessment of the child, as prepared by 
qualified individuals, 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 effective and appropriate 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 subsection 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, with respect to a child in state 
custody, of placement in a residential care facility under the federal 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.  Additionally, this bill 
ensures that regular reviews of a child's continued placement in a qualified residential 
treatment program are conducted by the court.