An Act to Update Certain Laws Regarding Extended Care and
Maine Legislature, Session 132, LD 0122
Committee: Judiciary
Sponsors: CARNEY
Amends: 18-C MRSA §9, 22 MRSA §4010-C, 22 MRSA §4037-A, 22 MRSA §4038

Legislative Document
No. 122
S.P. 43
In Senate, January 8, 2025
An Act to Update Certain Laws Regarding Extended Care and 
Adoption
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CARNEY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  18-C MRSA §9-304, sub-§2, ¶A, as enacted by PL 2017, c. 402, Pt. A, §2 
and affected by PL 2019, c. 417, Pt. B, §14, is amended by amending subparagraph (6) to 
read:
(6)  Information obtained pursuant to this paragraph is confidential.  The results of 
background checks received by the department are for official use only and may 
not be disseminated outside the department except to a court considering a petition 
for adoption under subsection 1.
Sec. 2.  22 MRSA §4010-C, as amended by PL 2021, c. 714, §1, is further amended 
to read:
§4010-C.  Transition grant program
The Department of Health and Human Services shall establish a transition grant 
program to provide financial support to eligible individuals to pay for postsecondary 
education or training programs.
1.  Age; enrollment in postsecondary education institution or training program.  
In order to be eligible to participate in the program, an individual must be at least 23 years 
of age but less than 27 years of age, must have exited the voluntary extended care and 
support agreement with the State under section 4037‑A at 23 years of age and must be 
enrolled in a postsecondary education institution or training program.
2.  Level of financial support.  The transition grant is for postsecondary education or 
training program support up to the completion of an undergraduate degree or the training 
program.  The level of financial support must be equivalent to the current voluntary 
extended foster care supports pursuant to section 4037‑A.  The department shall set 
duration limits, including a 6-year maximum for a 4-year degree, a 4-year maximum for a 
2-year degree and other duration limits for other types of postsecondary education or 
training programs.
3.  Postsecondary education navigator services.  The program must include 
postsecondary education navigator services that provide transitional services and college 
support.  The department shall determine the specifics of those services.
4.  Advisory committee.  The department shall establish an advisory committee to 
provide oversight of the implementation of the transition grant program.  The advisory 
committee must include stakeholders in the postsecondary education field, the department's 
postsecondary education navigator under subsection 6, professionals who work with 
transitional foster youth, employers, representatives of the department and other interested 
parties.  The department shall adopt rules to determine the membership, terms of office and 
voting procedures of the advisory committee and other specifics of the advisory 
committee's governance structure.  The advisory committee shall provide an annual report 
to the department and the joint standing committee of the Legislature having jurisdiction 
over health and human services matters.
5.  Limit on number of individuals receiving transition grants.  No more than 40 
individuals at any one time may receive transition grants under this section.
6.  Postsecondary education navigator.  The department shall develop the roles and 
responsibilities for the postsecondary education navigator to provide transitional services 
and college student support for individuals pursuant to this section.  The postsecondary 
education navigator shall provide data to the advisory committee.
The department shall adopt rules to implement this section.  Rules adopted pursuant to 
this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
Sec. 3.  22 MRSA §4037-A, sub-§3, as enacted by PL 2011, c. 402, §5, is amended 
to read:
3.  Judicial review.  The District Court shall hold a judicial review for each person 
who qualifies for care and support under this section at least once every 12 months.  For 
each person who qualifies for extended care and support under this section and who is 18, 
or 20 years of age, the District Court shall hold a judicial review at least once every 12 
months. The court shall hear evidence and shall consider the original reason for the 
extended care and support of the person and the agreement of extended care and support 
between the department and the person.  The court shall, after hearing or by agreement, 
make written findings, based on a preponderance of the evidence, that determine:
A.  The safety of the person in the person's placement;
B.  The services needed to transition the person from extended care and support to 
independent living; and
C.  The compliance of the parties to the agreement of extended care and support.
In a judicial review order, the court may order either the department or the person or both 
to comply with the agreement of extended care and support but may not order the 
department to pay for a specific placement.
Sec. 4.  22 MRSA §4038, sub-§3, as amended by PL 1997, c. 715, Pt. B, §8, is 
further amended to read:
3.  Notice of review.  Notice of the reviews must be given to all parties to the initial 
proceeding according to District Court Civil Rule 4.  Notice may not be given to a parent 
whose rights have been terminated under subchapter VI 6.  The department shall provide 
written notice of all reviews and hearings in advance of the proceeding to the foster parent, 
preadoptive parent and relative providing care and to the child if the child is 14 years of 
age or older.  The notice must be dated and signed, must include a statement that the foster 
parent, preadoptive parent and relative providing care and the child if the child is 14 years 
of age or older are entitled to notice of and an opportunity to be heard in any review or 
hearing held with respect to the child and must contain the following language:
"The right to be heard includes only the right to testify and does not include the 
right to present other witnesses or evidence, to attend any other portion of the 
review or hearing or to have access to pleadings or records."
A copy of the notice must be filed with the court prior to the review or hearing.
SUMMARY
This bill amends the Child and Family Services and Child Protection Act to update the 
process for judicial reviews for youth in the care of the Department of Health and Human 
Services and in the extended care program and to authorize grants under the transition grant 
program to be provided to individuals in a training program.  It removes an exception in 
the laws governing adoption allowing a court considering a petition for adoption of a minor 
child to receive results of a background check conducted by the department.