An Act to Support
Maine Legislature, Session 132, LD 1544
Committee Amendment CA_A_S328 (Senate)
Amends: 22 MRSA §4034

COMMITTEE AMENDMENT "^ » to S.P. 628, L.D. 1544, "An Act to Support
Families by Improving the Court Process for Child Protection Cases"
Amend the bill by striking out all of section 4 and inserting the following:
"See. 4. 22 MRSA §4034, sub-§4, as amended by PL 2015,c.501,§ 10, is further
amended to read;
4. Summary preliminary hearing. The court shall schedule a summary prelhninaiy
hearing on a preliminary protection order within 14 days but not less than 7 days after
issuance of the preliminary protection order, except that counsel for a parent may.request
that the hearing take place sooner. Upon request of counsel, the court may conduct the
summary preliminary hearing as expeditiously as the court determines the interests of
justice require, If a parent, custodian or legal guardian appears for the summary
preliminary hearing and does not consent to the preliminary protection order, the court shall
conduct a hearing at which the petitioner bears the burden of proof. At a summary
preliminary hearing, the court shall consider the trauma to the child of removal from the
child's home in determininR whether to continue the preliminar/ protectiQH oi'deiLand
whether the department has exhausted the options to initieate the immediate risk of serious
harm to the child and avoid the removal of the child from the child's home. The court may
limit testimony to the testimony of the caseworker, parent, custodian, legal guardian,
guardian ad litem, foster parent, preadoptive parent or relative providing care and may
admit evidence, including reports and records, that would otherwise be inadmissable
inadmissible as hearsay evidence, If after the hearing the court finds by a preponderance
of the evidence that returning the child to the child's custodian would place the child in
immediate risk of serious harm, it shall make findings explaining why the risk of harm to
the child is outweiehed by tlie trauina of the child's removal from the child's home and that
the deoartment has exhausted the options to mitipate the immediate risk of serious harm
and^ avoid the removal of the child from tlie child's home and continue the order or make
another disposition under section 4036, If the court's preliminary protection order includes
a finding of an aggravating factor, the court may order the department not to commence
reunification or to cease reunification, in which case the court shall conduct a hearing on
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT "^."(oS.P. 628, L.D, 1544 C<?-'lt>S^
jeopardy and conduct a permanency planning hearing. The hearings must commence
within 30 days of entry of the preliminary protection order.
[ftlie petitioner lias not been able to serve a parent, custodian or legal guardian before the
scheduled summary preliminary hearing, the parent, custodian or legal guardian may
request a subsequent summary preliminaiy hearing within 10 days after receipt of the
petition.'
Amend the bill in section 5 in paragraph E"l in the last line (page 2, line 18 in L.D.)
by inserting after the foilowing: "iiarent" the following: 'or an explanation why reasonable
efforts were not required'
Amend the bill in section 8 in division (c) in the first 2 lines (page 2, lines 28 and 29
in L.D.) by striking out the following: "the Legislature's intent set out in section 4003.
subsection 3 and the department's obligations under" and inserting the following; 'the
department's obligations under section 4Q36-B,, siibsectiQ^
Amend the bill by striking out all of section 9 and inserting the following;
'See. 9, Appropriations and allocations. The following appropriations and
allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
IV-E Foster Care/Adoptlon Assistance 0137
Initiative; Provides funding for chiSd welfare cycle payments.
GENERAL FUND 2025-26 2026-27
AHOther $1,220,167 $1,220,167
GENERAL FUND TOTAL $1,220,167 $1,220,167
FEDERAL EXPENDITURES FUND 2025-26 2026-27
All Other $1,220,167 $1,220,167
FEDERAL EXPENDITURES FUND TOTAL $1,220,167 $1,220,167
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the majority report of the committee, clarifies that a court
must make findings explaining why the risk of harm to a child is outweighed by the trauma
of the child's removal from the child's home and that the department has exhausted the
options to mitigate the immediate risk of serious harm and avoid the removal of the child
from the child's home after a summary preliminaiy hearing only if the court finds in favor
of the Department of Health and Human Services and upholds the removal. It also clarifies
that, when the department files a petition to terminate parental rights, it must provide a
detailed statement of the specific reasonable efforts the department has made to reunify the
Page2-132LR0671(02)
COMMITTEE AMENDMENT
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COMMITTEE AMENDMENT'
^,
COMMITTEE AMENDMENT " ^ " to S.P, 628, L.D. 1544 ^^y^
I child with the child's parent or an explanation why reasonable efforts were not required.
The amendment also adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)
Page3-132LR0671(02)
COMMITTEE AMENDMENT
"\
^ } Approved: 05/21/25 A.^^-
LD 1544 LR 671(02)
An Act to Support Families by Improving the Court Process for Child Protection Cases
Fiscal Note for Bill as Amended by Committee Amendment "/' /
Committee: Judiciary
Fiscal Note Required: Yes
Fiscal Note
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Net Cost (Savings)
General Fund $1,220,167 $1,220,167 $1,220,167 $1,220,167
Appropriations/AIlocations
General Fund $1,220,167 $1,220,167 $1,220,167 $1,220,167
Federal Expenditures Fund $1,220,167 $1,220,167 $1,220,167 $1,220,167
Revenue
Federal Expenditures Fund $1,220,167 $],220,167 $1,220,167 $1,220,167
Fiscal Detail and Notes
The bill includes ongoing annual General Fund appropriations to the Department of Health and Human Services of
$1,220,167 beginning in fiscal year 2025-26 for costs associated with an expected increased in the length of time in
care for children in state custody due to changes to requirements regarding termination of parental rights and
reasonable efforts at reunification. Federal Expenditures Fund allocations are also included in this bill for matching
funds,
LR0671(02) - Fiscal Note - Page 1 of 1