An Act to Ensure Involvement of Adopted Youth in the Determination of Continuing Financial Support Under the Adoption Assistance Program
Maine Legislature, Session 131, LD 1414
Committee: Judiciary
Sponsors: PERRY, BALDACCI, BRENNAN, GATTINE, MADIGAN, RECKITT, MOORE
Amends: 18-C MRSA §9

Legislative Document
No. 1414
H.P. 910
House of Representatives, March 30, 2023
An Act to Ensure Involvement of Adopted Youth in the 
Determination of Continuing Financial Support Under the Adoption 
Assistance Program
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative PERRY of Calais.
Cosponsored by Senator BALDACCI of Penobscot and
Representatives: BRENNAN of Portland, GATTINE of Westbrook, MADIGAN of Waterville, 
RECKITT of South Portland, Senator: MOORE of Washington.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  18-C MRSA §9-204, sub-§4, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
4.  Guardian ad litem for child.  The court may shall appoint a guardian ad litem for 
a child who is the subject of a petition for termination of parental rights under subsection 
1.  The appointment must be made as soon as possible after the petition for termination of 
parental rights is initiated.
A.  The court shall pay reasonable costs and expenses for the guardian ad litem.
B.  In general, the guardian ad litem shall act in pursuit of the best interest of the child.  
The guardian ad litem must be given access to all reports and records relevant to the 
case and investigate to ascertain the facts.  The investigation must include, when 
possible and appropriate:
(1)  Reviewing records of psychiatric, psychological or physical examinations of 
the child, parents or other persons having or seeking care or custody of the child;
(2)  Review of relevant school records and other pertinent materials;
(3)  Interviewing the child with or without other persons present; and
(4)  Interviews with parents, guardians, teachers and other persons who have been 
involved in caring for or treating the child.
The guardian ad litem may subpoena, examine and cross-examine witnesses and shall make 
recommendations to the court.
Sec. 2.  18-C MRSA §9-204, sub-§5 is enacted to read:
5.  Adoptee upon termination or annulment.  Upon termination of parental rights 
under this section or annulment of the adoption decree under section 9-315:
A. The court shall inform the adoptee of applicable laws and rules and the duration, 
source and amounts of adoption assistance under section 9-402;
B. For an adoptee who is a minor, custody and control of the adoptee revert to the 
department under section 9-203;
C. To the extent allowed by federal law, the adoptee is eligible for assistance under 
United States Social Security Act, Title IV if the adoptee is adopted by another parent 
or is placed with a guardian; and
D. For an adoptee who is a minor and has not been adopted subsequent to termination 
of parental rights, within 60 months of the termination the court shall determine a 
permanency plan for the adoptee pursuant to Title 22, section 4038-B.
Sec. 3.  18-C MRSA §9-315, sub-§1, ¶A, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by PL 2019, c. 417, Pt. B, §14, is amended by enacting at the end a new last 
blocked paragraph to read:
If the court annuls the decree, the provisions of section 9-204, subsection 5 apply.
Sec. 4.  18-C MRSA §9-401, sub-§7, as amended by PL 2021, c. 348, §22, is further 
amended to read:
7.  Duration of assistance.  The duration of assistance under the program may continue 
until the cessation of legal parental responsibility or until the parents are no longer 
supporting the child, at which time the adoption assistance ceases.  However, if the child 
has need of educational benefits or has a physical, mental or emotional disability, adoption 
assistance may continue until the adoptee has attained 21 years of age if the adoptee, the 
parents and the department agree that the need for care and support exists. The department 
shall ensure that an adoptee 16 years of age or older:
A.  Meets and is represented by a guardian ad litem who is present in all proceedings 
regarding the assistance, including the redetermination of assistance under section 
9-403, subsection 2;
B.  Is physically present or represented by a guardian ad litem during the discussion 
and determination processes to continue or not continue adoption assistance under this 
subsection;
C.  Understands the determination to continue or not continue adoption assistance 
under this subsection;
D.  Is fully informed of the adoptee's rights in making the determination to continue or 
not continue adoption assistance under this subsection and other rights that may be 
affected by the determination;
E.  If the determination is made to continue adoption assistance under this subsection, 
including any specific terms or conditions of the continued assistance, provides written 
consent to the determination; and
F.  Is fully informed of the responsibility of the recipient of the assistance to declare 
the assistance as income.
Sec. 5.  18-C MRSA §9-403, sub-§2, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
2.  Annual determination.  If assistance under the program continues for more than 
one year, the need for assistance must be annually redetermined.  Adoption assistance 
continues regardless of the state in which the adoptive parents or legal guardian and child 
reside, or the state to which the adoptive parents or legal guardian and child move, as long 
as the adoptive parents or legal guardian and child continue to be eligible based on the 
annual redetermination of need.
Sec. 6.  18-C MRSA §9-403, sub-§3, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended to read:
3.  Transfer to legal guardian; new agreement.  Upon the death of all adoptive 
parents or termination of the parental rights under section 9-204 or the adoptive parents' 
guardianship, adoption assistance under the program may must be transferred to the legal 
guardian or guardian ad litem as long as the child continues to be eligible for adoption 
assistance pursuant to the terms of the most recent adoption assistance agreement with the 
adoptive parents.  The department shall enter into a new assistance agreement with the legal 
guardian or, if guardianship is not being sought, the guardian ad litem.
SUMMARY
This bill amends the laws regarding adopted minors, including:
1. Upon a petition of termination of parental rights by adoptive parents or annulment 
of an adoption decree, requiring a guardian ad litem to be appointed for the adoptee and for 
the adoptee to be informed about adoption assistance; to be placed into the care of the State; 
to the extent allowed by federal law continue to receive federal adoption assistance after 
being subsequently adopted or placed with a guardian; and to receive a permanency plan 
within 60 months of the termination of parental rights or annulment of the decree;
2. Requiring the Department of Health and Human Services to ensure that an adoptee 
years of age or older who meets the definition of a special needs child is physically 
present or is represented by a guardian ad litem for any discussion or determination of 
whether to continue adoption assistance, understands the determination and the adoptee's 
rights in making the determination and provides written consent to a determination to 
continue the assistance;
3. Allowing the participation of a legal guardian in the annual redetermination of 
adoption assistance and requiring transfer of adoption assistance to the legal guardian or 
guardian ad litem upon the death or termination of parental rights of the adoptive parents; 
and
4. Requiring adoption assistance to continue regardless of the state the child and legal 
guardian may reside in or move to as long as the legal guardian and child remain eligible 
under redetermination.