An Act Regarding the Reunification of Foster Children with Their
Maine Legislature, Session 132, LD 1108
Committee: Health and Human Services
Sponsors: GRIFFIN
Amends: 22 MRSA §4041

Legislative Document
No. 1108
H.P. 727
House of Representatives, March 18, 2025
An Act Regarding the Reunification of Foster Children with Their 
Parents
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GRIFFIN of Levant.
Cosponsored by Representatives: DAIGLE of Fort Kent, JAVNER of Chester.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  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, 
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, 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; and
(ix)  If the parent is in treatment for substance use disorder, a plan for 
random screening of the parent for illegal drugs;
(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 
and schedule meetings so as to allow for the attendance of the parent to the extent 
possible;
(4)  Periodically review with the parent the progress of the plan, including the 
parent's compliance in accessing services included in 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, but no earlier than 6 months following removal of the 
child from the parent's home; 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.;
(7)  If the parent is in treatment for substance use disorder, conduct random 
screening of the parent for illegal drugs; and
(8)  Conduct unscheduled home visits with the parent.
Sec. 2.  22 MRSA §4041, sub-§1-A, ¶B, as enacted by PL 2001, c. 559, Pt. CC, 
§5, is amended by amending subparagraph (8) to read:
(8)  Make good faith efforts to cooperate with the department in developing and 
pursuing the plan, including by attending meetings with the department.
SUMMARY
This bill requires the Department of Health and Human Services, when developing a 
rehabilitation and reunification plan with respect to a child in foster care, to include random 
screening for illegal drugs for parents in treatment for substance use disorder. The bill 
requires the department to schedule meetings so as to allow for the attendance of the parent 
to the extent possible, to conduct random screening for illegal drugs for parents in treatment 
for substance use disorder and to conduct unscheduled home visits with the parent. It also 
requires a parent seeking reunification with the parent's child to make good faith efforts to 
cooperate with the department, including by attending meetings with the department. It 
provides that the department may not petition for judicial review and return of custody of 
the child to the parent earlier than 6 months following removal of the child from the parent's 
home.