reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1057: CHILD ABUSE AND NEGLECT PREVENTION COUNCILS › 22 §3875-A. Child abuse and neglect prevention councils; membership

§3875-A. Child abuse and neglect prevention councils; membership
The child abuse and neglect prevention councils are responsible for facilitating the community programs under this chapter. Each council shall establish a governing or advisory board of directors. The board must be diverse with broad-based participation in each county. Terms of the directors and methods of appointment or election of members must be determined by the child abuse and neglect prevention council's bylaws or by rules of procedure adopted for the advisory board if an advisory board is established.   [PL 2009, c. 204, §8 (AMD).]
SECTION HISTORY
PL 1993, c. 142, §6 (NEW). PL 2009, c. 204, §8 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1057: CHILD ABUSE AND NEGLECT PREVENTION COUNCILS › 22 §3876. Waiver of certain requirements (REPEALED)

§3876. Waiver of certain requirements
(REPEALED)
SECTION HISTORY
PL 1985, c. 483 (NEW). PL 1993, c. 142, §7 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1058: MAINE CHILDREN'S TRUST INCORPORATED › 22 §3881. Definitions

§3881. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1993, c. 600, Pt. A, §16 (NEW).]
1.  Board.
"Board" means the Board of the Maine Children's Trust Incorporated.
[PL 1993, c. 600, Pt. A, §16 (NEW).]
2.  Eligible organization.
"Eligible organization" means a nonprofit organization, local government or public school system.
[PL 1993, c. 600, Pt. A, §16 (NEW).]
3.  Fund.
"Fund" means the repository for funds donated to the Maine Children's Trust Incorporated by the taxpayers of the State through an income tax checkoff pursuant to Title 36, section 5285 as well as federal grants and contracts, privately donated funds and in-kind donations for prevention programs, or by any means for the purposes of this chapter.
[PL 1995, c. 402, Pt. A, §4 (RPR).]
4.  Income.
"Income" means annual contributions made to the fund through the income tax checkoff.
[PL 1997, c. 149, §1 (AMD).]
5.  Prevention policies.
"Prevention policies" means laws, rules, policies, procedures and practices, whether in the public or private sector, that have an actual or potential impact on the nature and incidence of child abuse and neglect.
[PL 1993, c. 600, Pt. A, §16 (NEW).]
6.  Prevention programs.
"Prevention programs" means programs, plans or training associated with the primary prevention of child abuse and neglect and the promotion of high-quality child care.
[PL 1999, c. 529, §1 (AMD).]
7.  Trust.
"Trust" means the Maine Children's Trust Incorporated.
[PL 1995, c. 402, Pt. A, §5 (NEW).]
SECTION HISTORY
PL 1993, c. 600, §A16 (NEW). PL 1995, c. 402, §§A4,5 (AMD). PL 1997, c. 149, §1 (AMD). PL 1999, c. 529, §1 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1058: MAINE CHILDREN'S TRUST INCORPORATED › 22 §3882. Establishment; purpose; nonprofit organization

§3882. Establishment; purpose; nonprofit organization
The Maine Children's Trust Incorporated, referred to in this chapter as the "trust," is established to provide a mechanism for voluntary contributions by individuals and groups for annual and long-term funding of prevention programs.   [PL 1995, c. 402, Pt. A, §6 (AMD).]
The trust is a private nonprofit corporation with a broad public purpose pursuant to this chapter. The exercise by the trust of the powers conferred by this chapter is held to be an essential governmental function.   [PL 1995, c. 402, Pt. A, §6 (AMD).]
SECTION HISTORY
PL 1993, c. 600, §A16 (NEW). PL 1995, c. 402, §A6 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1058: MAINE CHILDREN'S TRUST INCORPORATED › 22 §3884. Powers (REPEALED)

§3884. Powers
(REPEALED)
SECTION HISTORY
PL 1993, c. 600, §A16 (NEW). PL 1995, c. 402, §A7 (AMD). PL 1999, c. 529, §§2-4 (AMD). PL 2001, c. 11, §1 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1058: MAINE CHILDREN'S TRUST INCORPORATED › 22 §3885. Funds

§3885. Funds
1.  Control.
The board may accept funds from a public or private source. Revenue to the fund must be managed, deposited, invested and disbursed by the board in a manner that is independent of control by the Department of Administrative and Financial Services.
[PL 1993, c. 600, Pt. A, §16 (NEW).]
2.  Grants disbursement.
The board shall establish a procedure and form for applications for grants of fund resources under this chapter. Upon board approval of an application, the board may disburse money from the fund to eligible recipients for the development, operation or awareness of prevention programs and prevention policies under this chapter.
[PL 1993, c. 600, Pt. A, §16 (NEW).]
3.  Administrative expenses.
Income must be allocated for the support of administrative expenses as follows.
A. The board may expend, for administrative expenses, no more than 45% in calendar year 1994, 40% in calendar year 1995, 35% in calendar year 1996, 30% in calendar year 1997 and 25% in calendar year 1998 of annual revenues from the state income tax checkoff contributed by individuals. After 1998, the board may expend, for administrative expenses, no more than 20% of annual revenues from the state income tax checkoff contributed by individuals.   [PL 1993, c. 600, Pt. A, §16 (NEW).]
B.   [PL 1997, c. 149, §3 (RP).]
[PL 1997, c. 149, §3 (AMD).]
4.  Discretion.
The board has sole discretion in the use of resources from sources other than the income tax checkoff by individuals.
[PL 1997, c. 149, §4 (AMD).]
5.  Endowment fund.
An endowment fund is established pursuant to this subsection. A minimum of 10% of tax checkoff revenue received each year from individuals must be set aside for allocation to the segregated endowment fund. Up to 90% of the checkoff revenue and other income received by the endowment fund may be expended annually by the board in accordance with this chapter.
[PL 1993, c. 600, Pt. A, §16 (NEW).]
6.  Income greater than $200,000.
At least 1/3 of the total annual revenue that exceeds $200,000 must be allocated to the endowment fund established under subsection 5.
[PL 1993, c. 600, Pt. A, §16 (NEW).]
SECTION HISTORY
PL 1993, c. 600, §A16 (NEW). PL 1997, c. 149, §§3,4 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1058: MAINE CHILDREN'S TRUST INCORPORATED › 22 §3886. Limitation of powers

§3886. Limitation of powers
The board, notwithstanding section 3884‑A, subsection 1, paragraph F, may not enter into contracts, obligations or commitments of any kind on behalf of the State or its agencies, nor does it have the power of eminent domain or other powers not provided to business corporations generally. Bonds, notes and other evidences of indebtedness of the board are not debts or liabilities of the State and do not constitute a pledge of the faith and credit of the State.   [PL 2001, c. 11, §3 (AMD).]
SECTION HISTORY
PL 1993, c. 600, §A16 (NEW). PL 2001, c. 11, §3 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1058: MAINE CHILDREN'S TRUST INCORPORATED › 22 §3887. Liability of officers, directors and employees

§3887. Liability of officers, directors and employees
Officers, directors, employees and other agents of the board entrusted with the custody of the securities of the fund or authorized to disburse the money of the fund must be bonded, either by a blanket bond or individual bonds, with a surety bond or bonds with a minimum limitation of $100,000 coverage for each person covered by the bond, conditioned upon the faithful performance of their duties, the premiums for which must be paid out of the assets of the fund.   [PL 1993, c. 600, Pt. A, §16 (NEW).]
SECTION HISTORY
PL 1993, c. 600, §A16 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1058: MAINE CHILDREN'S TRUST INCORPORATED › 22 §3888. Prohibited interests of officers, directors and employees

§3888. Prohibited interests of officers, directors and employees
An officer, director or employee of the trust or a spouse or dependent child of an officer, director or employee of the trust may not receive direct personal benefit from the activities of the trust in assisting a private entity. This provision does not prohibit corporations or other entities with which an officer, director or employee is associated by reason of ownership or employment from participating in prevention programs of the trust, if that ownership or employment is made known to the board and the officer, director or employee abstains from voting on matters relating to that participation. This prohibition does not extend to corporators who are not officers, directors or employees of the trust.   [PL 1995, c. 402, Pt. A, §8 (AMD).]
SECTION HISTORY
PL 1993, c. 600, §A16 (NEW). PL 1995, c. 402, §A8 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1058: MAINE CHILDREN'S TRUST INCORPORATED › 22 §3889. Donations to the State

§3889. Donations to the State
The State, through the Governor, may accept donations, bequests, devises, grants or other interests of any nature on behalf of the trust and shall transfer those funds, that property or other interests to the fund.   [PL 1995, c. 402, Pt. A, §9 (AMD).]
SECTION HISTORY
PL 1993, c. 600, §A16 (NEW). PL 1995, c. 402, §A9 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1058: MAINE CHILDREN'S TRUST INCORPORATED › 22 §3890. Annual report; audit

§3890. Annual report; audit
By February 15th, the board shall provide an annual report and an annual independent audit of its activities to the Governor, the joint standing committee of the Legislature having jurisdiction over human resources matters and the public. The annual report must provide a summary of the fund for the previous fiscal year according to generally accepted accounting principles.   [PL 1993, c. 600, Pt. A, §16 (NEW).]
SECTION HISTORY
PL 1993, c. 600, §A16 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1058: MAINE CHILDREN'S TRUST INCORPORATED › 22 §3890-A. General conditions; dissolution

§3890-A. General conditions; dissolution
The following conditions apply to the operation or dissolution of the fund.   [PL 1993, c. 600, Pt. A, §16 (NEW).]
1.  Net earnings of the fund.
A member, officer, director or employee may not benefit from any part of the net earnings of the fund. Net earnings of the fund may be used to pay reasonable compensation for services rendered and to hold, manage and dispose of its property in furtherance of the purposes of the fund.
[PL 1993, c. 600, Pt. A, §16 (NEW).]
2.  Dissolution of fund.
Upon dissolution of the fund, the members shall transfer any unexpended General Fund appropriations to the State and pay or make provisions for the payment of all other liabilities of the fund.
All other principal and accrued interest in the fund must be transferred to the Maine Child Abuse Prevention Councils and restricted to the support of primary prevention of child abuse and neglect in the State.
[PL 2009, c. 204, §11 (AMD).]
SECTION HISTORY
PL 1993, c. 600, §A16 (NEW). PL 2009, c. 204, §11 (AMD).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1058: MAINE CHILDREN'S TRUST INCORPORATED › 22 §3890-B. Liberal construction

§3890-B. Liberal construction
This chapter must be construed liberally to effect the interests and purposes of the fund for the prevention of child abuse and neglect in the State and must be broadly interpreted to effect the intent and purposes and may not be interpreted as a limitation of powers.   [PL 1993, c. 600, Pt. A, §16 (NEW).]
SECTION HISTORY
PL 1993, c. 600, §A16 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1059: SHORT-TERM EMERGENCY SERVICES FOR CHILDREN › 22 §3891. Definitions (REPEALED)

§3891. Definitions
(REPEALED)
SECTION HISTORY
PL 1977, c. 577, §4 (NEW). PL 1977, c. 644, §2 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1059: SHORT-TERM EMERGENCY SERVICES FOR CHILDREN › 22 §3891-A. Definitions (REPEALED)

§3891-A. Definitions
(REPEALED)
SECTION HISTORY
PL 1977, c. 644, §3 (NEW). PL 1979, c. 733, §16 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1059: SHORT-TERM EMERGENCY SERVICES FOR CHILDREN › 22 §3891-B. Authorization (REPEALED)

§3891-B. Authorization
(REPEALED)
SECTION HISTORY
PL 1977, c. 644, §3 (NEW). PL 1979, c. 733, §16 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1059: SHORT-TERM EMERGENCY SERVICES FOR CHILDREN › 22 §3891-C. Contacting parents; consent of parent; child (REPEALED)

§3891-C. Contacting parents; consent of parent; child
(REPEALED)
SECTION HISTORY
PL 1977, c. 644, §3 (NEW). PL 1979, c. 733, §16 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1059: SHORT-TERM EMERGENCY SERVICES FOR CHILDREN › 22 §3891-D. Length of services (REPEALED)

§3891-D. Length of services
(REPEALED)
SECTION HISTORY
PL 1977, c. 644, §3 (NEW). PL 1979, c. 733, §16 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1059: SHORT-TERM EMERGENCY SERVICES FOR CHILDREN › 22 §3891-E. Liability of parents (REPEALED)

§3891-E. Liability of parents
(REPEALED)
SECTION HISTORY
PL 1977, c. 644, §3 (NEW). PL 1979, c. 733, §16 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1059: SHORT-TERM EMERGENCY SERVICES FOR CHILDREN › 22 §3891-F. Rules (REPEALED)

§3891-F. Rules
(REPEALED)
SECTION HISTORY
PL 1977, c. 644, §3 (NEW). PL 1979, c. 733, §16 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1059: SHORT-TERM EMERGENCY SERVICES FOR CHILDREN › 22 §3892. Authorization (REPEALED)

§3892. Authorization
(REPEALED)
SECTION HISTORY
PL 1977, c. 577, §4 (NEW). PL 1977, c. 644, §2 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1059: SHORT-TERM EMERGENCY SERVICES FOR CHILDREN › 22 §3893. Mechanism (REPEALED)

§3893. Mechanism
(REPEALED)
SECTION HISTORY
PL 1977, c. 577, §4 (NEW). PL 1977, c. 644, §2 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1059: SHORT-TERM EMERGENCY SERVICES FOR CHILDREN › 22 §3894. Length of services (REPEALED)

§3894. Length of services
(REPEALED)
SECTION HISTORY
PL 1977, c. 577, §4 (NEW). PL 1977, c. 644, §2 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1059: SHORT-TERM EMERGENCY SERVICES FOR CHILDREN › 22 §3895. Notification of parents (REPEALED)

§3895. Notification of parents
(REPEALED)
SECTION HISTORY
PL 1977, c. 577, §4 (NEW). PL 1977, c. 644, §2 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1059: SHORT-TERM EMERGENCY SERVICES FOR CHILDREN › 22 §3896. Consent of child and parent (REPEALED)

§3896. Consent of child and parent
(REPEALED)
SECTION HISTORY
PL 1977, c. 577, §4 (NEW). PL 1977, c. 644, §2 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1059: SHORT-TERM EMERGENCY SERVICES FOR CHILDREN › 22 §3897. Liability of parents (REPEALED)

§3897. Liability of parents
(REPEALED)
SECTION HISTORY
PL 1977, c. 577, §4 (NEW). PL 1977, c. 644, §2 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1059: SHORT-TERM EMERGENCY SERVICES FOR CHILDREN › 22 §3898. Rules (REPEALED)

§3898. Rules
(REPEALED)
SECTION HISTORY
PL 1977, c. 577, §4 (NEW). PL 1977, c. 644, §2 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1061: LONG-TERM FOSTER CARE › 22 §3901. Purpose (REPEALED)

§3901. Purpose
(REPEALED)
SECTION HISTORY
PL 1977, c. 454, §2 (NEW). PL 1979, c. 733, §17 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1061: LONG-TERM FOSTER CARE › 22 §3902. Definitions (REPEALED)

§3902. Definitions
(REPEALED)
SECTION HISTORY
PL 1977, c. 454, §2 (NEW). PL 1979, c. 733, §17 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1061: LONG-TERM FOSTER CARE › 22 §3903. Authority for placement (REPEALED)

§3903. Authority for placement
(REPEALED)
SECTION HISTORY
PL 1977, c. 454, §2 (NEW). PL 1979, c. 733, §17 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1061: LONG-TERM FOSTER CARE › 22 §3904. Duty and authority delegated by the department (REPEALED)

§3904. Duty and authority delegated by the department
(REPEALED)
SECTION HISTORY
PL 1977, c. 454, §2 (NEW). PL 1979, c. 733, §17 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1061: LONG-TERM FOSTER CARE › 22 §3905. Rights of the department (REPEALED)

§3905. Rights of the department
(REPEALED)
SECTION HISTORY
PL 1977, c. 454, §2 (NEW). PL 1979, c. 733, §17 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1061: LONG-TERM FOSTER CARE › 22 §3906. Rules and regulations (REPEALED)

§3906. Rules and regulations
(REPEALED)
SECTION HISTORY
PL 1977, c. 454, §2 (NEW). PL 1977, c. 694, §369 (RPR). PL 1979, c. 733, §17 (RP).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1063: SOCIAL WORKERS' AND CASEWORKERS' TRAINING › 22 §3911. Training plan

§3911. Training plan
The department shall develop a training plan for persons employed in social worker and caseworker job classifications. The department shall establish the goals and objectives of the plan. The department shall also establish goals and objectives for each course and training program that must be designed to meet the goals and objectives of the plan. The plan shall include, but is not limited to:   [PL 1989, c. 268, §1 (NEW).]
1.  Differentiation of training to meet specific needs.
Courses and training programs designed to meet the specific needs of social workers and caseworkers engaged in different activities based on the different responsibilities of these social workers and caseworkers;
[PL 1989, c. 268, §1 (NEW).]
2.  Mandatory training.
Courses and training programs designed to meet the specific needs of social workers and caseworkers for which successful completion shall be mandatory;
[PL 1989, c. 268, §1 (NEW).]
3.  Optional training.
Optional courses and training programs for social workers and caseworkers;
[PL 1989, c. 268, §1 (NEW).]
4.  Assessment and investigation.
Courses and training programs in assessment and investigation that shall be mandatory for social workers and caseworkers who conduct investigations or assessments involving clients of the department that may result in the filing of civil or criminal actions;
[PL 1989, c. 268, §1 (NEW).]
5.  Sources of training.
A description of courses and training programs that departmental staff will conduct and a description of courses and training programs to be conducted by persons outside the department;
[PL 1989, c. 268, §1 (NEW).]
6.  Evaluation procedure.
An evaluation procedure by which the effectiveness of the courses and training programs can be determined. The department, to the greatest possible extent, will use objective criteria to conduct evaluations of courses and training programs; and
[PL 1989, c. 268, §1 (NEW).]
7.  Equivalent training.
Provisions for the waiver of training programs and courses for social workers and caseworkers with equivalent training or training that exceeds the training requirements in the plan.
[PL 1989, c. 268, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 268, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1063: SOCIAL WORKERS' AND CASEWORKERS' TRAINING › 22 §3912. Implementation

§3912. Implementation
The department shall establish a schedule governing successful completion of course and training requirements for newly employed social workers and caseworkers of the department and a schedule for all other social workers and caseworkers currently employed by the department.   [PL 1989, c. 268, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 268, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1063: SOCIAL WORKERS' AND CASEWORKERS' TRAINING › 22 §3913. Report

§3913. Report
The department shall report to the joint standing committee of the Legislature having jurisdiction over human resource matters and the joint standing committee of the Legislature having jurisdiction over state and local government regarding the training plan and any findings and recommendations, including any necessary implementing legislation of the department, no later than January 3, 1990. The report shall include a statistical analysis of social workers who have taken and completed various courses and training programs provided by the department or by agencies, organizations, or persons outside the department.   [PL 1989, c. 268, §1 (NEW).]
SECTION HISTORY
PL 1989, c. 268, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1064: HELP MAINE GROW SYSTEM › 22 §3921. Help Maine Grow System established

§3921. Help Maine Grow System established
1.  Help Maine Grow System established.
The Help Maine Grow System, referred to in this chapter as "the system," is established in the department as a comprehensive, statewide, coordinated system of early identification, referral and follow-up for all children from prenatal care up to 8 years of age and their families. The system must emphasize:
A. Increasing access to the early periodic screening, diagnosis and treatment services required by Medicaid on a schedule recommended by the American Academy of Pediatrics or its successor organization; and   [PL 2021, c. 457, §1 (NEW).]
B. In support of the Department of Education's child find efforts, increasing access and referrals to early intervention services as established and required pursuant to Title 20‑A, sections 7209 and 7252‑A.   [PL 2021, c. 457, §1 (NEW).]
In developing and administering the system, the department shall maintain affiliate status with a national center that offers a system that includes technical assistance and develop a cross system model for strengthening early childhood systems and services to meet the needs of children and families and meet any requirements necessary to maintain fidelity to the system offered by the national center.
[PL 2021, c. 457, §1 (NEW).]
2.  Staffing; coordination.
The department shall provide staffing services necessary to meet the needs of children and families and to work collaboratively across offices within the department, the Children's Cabinet established in Title 5, section 19131, the Department of Education and other applicable departments.
[PL 2021, c. 457, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 457, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1064: HELP MAINE GROW SYSTEM › 22 §3922. Duties of system

§3922. Duties of system
The system shall:   [PL 2021, c. 457, §1 (NEW).]
1.  Expansion of services.
Increase the percentage of children screened for developmental, social or emotional issues at all appropriate locations, including, but not limited to, early childhood education facilities, child care facilities, Head Start facilities, Early Head Start facilities, regional sites of the Child Development Services System under Title 20‑A, section 7209, subsection 3 and health care providers to ensure access to early periodic screening, diagnosis and treatment and other related services to promote children's healthy development. For purposes of this section, "Head Start" means a program operated under 42 United States Code, Sections 9831 to 9852c and "Early Head Start" means a program under 42 United States Code, Section 9840a;
[PL 2021, c. 457, §1 (NEW).]
2.  Coordinated system.
Develop a coordinated system of early identification, referral and follow-up services across early childhood education, child care facilities, home visitor services as defined in section 3931, subsection 2, paragraph P, Head Start, Early Head Start, the Child Development Services System under Title 20‑A, section 7209, subsection 3, health care providers and family supports;
[PL 2021, c. 457, §1 (NEW).]
3.  Delivery of services.
Improve the delivery of services covered by early periodic screening, diagnosis and treatment required by Medicaid and other related services to promote children's healthy development;
[PL 2021, c. 457, §1 (NEW).]
4.  Centralized access point.
Develop a centralized access point for families, caregivers and professionals to obtain information about early periodic screening, diagnosis and treatment services. The centralized access point must be available by telephone, the Internet and other communication platforms;
[PL 2021, c. 457, §1 (NEW).]
5.  Electronic directory.
Compile and maintain an electronic directory of resources with respect to service providers and use appropriate methods of communication to assist families and caregivers and connect them with early intervention services, primary care and appropriate early periodic screening, diagnosis and treatment services to children at risk; and
[PL 2021, c. 457, §1 (NEW).]
6.  Data collection.
Collect data necessary to align the system with evaluation requirements from the national center under section 3921, subsection 1 as well as identify gaps in services by type and region and barriers to obtaining appropriate services.
[PL 2021, c. 457, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 457, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1064: HELP MAINE GROW SYSTEM › 22 §3923. Annual reports

§3923. Annual reports
The department shall submit any annual and evaluation reports provided by the department to the national center under section 3921, subsection 1 to the joint standing committees of the Legislature having jurisdiction over health and human services matters and education matters, no later than December 15th of each year, beginning in 2022. The joint standing committees are authorized to report out legislation in any legislative session.   [PL 2021, c. 457, §1 (NEW).]
SECTION HISTORY
PL 2021, c. 457, §1 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1066: MAINE INDIAN CHILD WELFARE ACT › 22 §3941. Short title

§3941. Short title
This Act may be known and cited as "the Maine Indian Child Welfare Act."   [PL 2023, c. 359, §5 (NEW).]
SECTION HISTORY
PL 2023, c. 359, §5 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1066: MAINE INDIAN CHILD WELFARE ACT › 22 §3942. Legislative finding and declaration of policy

§3942. Legislative finding and declaration of policy
1.  Finding.
The Legislature finds and declares that membership or citizenship in an Indian tribe, as well as eligibility for membership or citizenship in an Indian tribe, as determined by each Indian tribe is a political classification.
[PL 2023, c. 359, §5 (NEW).]
2.  Declaration of policy.
The purpose of the Maine Indian Child Welfare Act is recognition by the State that Indian tribes have a continuing and compelling governmental interest in an Indian child whether or not the Indian child is in the physical or legal custody of an Indian parent, an Indian custodian or an Indian extended family member at the commencement of an Indian child custody proceeding or the Indian child has resided or is domiciled on an Indian reservation. The State is committed to protecting the essential tribal relations and best interests of an Indian child by promoting practices in accordance with all laws designed to prevent the Indian child's voluntary or involuntary out-of-home placement and, whenever such placement is necessary or ordered, by placing the Indian child, whenever possible, in a placement that reflects the unique values of the Indian child's tribal culture and that is best able to assist the Indian child in establishing, developing and maintaining a political, cultural and social relationship with the Indian child's tribe and tribal community. It is the policy of the State to cooperate fully with Indian tribes and tribal members and citizens in this State and elsewhere in order to ensure that the intent and provisions of this Act are enforced.
[PL 2023, c. 359, §5 (NEW).]
SECTION HISTORY
PL 2023, c. 359, §5 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1066: MAINE INDIAN CHILD WELFARE ACT › 22 §3946. Parental rights; voluntary termination

§3946. Parental rights; voluntary termination
1.  Consent; record; certification matters; invalid consents.
When a parent or Indian custodian voluntarily consents to a foster care placement or to termination of parental rights, this consent is not valid unless executed in writing and recorded before a judge of the District Court or Probate Court. The court shall certify in writing that the terms and consequences of the consent were fully explained in detail and were fully understood by the parent or Indian custodian. The court shall also certify that either the parent or Indian custodian fully understood the explanation in English or that it was interpreted into a language that the parent or Indian custodian understood. Consent given prior to, or within 10 days after, birth of an Indian child is not valid.
[PL 2023, c. 359, §5 (NEW).]
2.  Foster care placement; withdrawal of consent; return of custody.
Any parent or Indian custodian may withdraw consent to a voluntary foster care placement under the laws of this State at any time and, upon such withdrawal, the Indian child must be returned to the parent or Indian custodian.
[PL 2023, c. 359, §5 (NEW).]
3.  Voluntary termination of parental rights or adoptive placement; withdrawal of consent; return of custody.
In any voluntary proceeding for termination of parental rights to, or adoptive placement of, an Indian child, the consent of the parent or Indian custodian may be withdrawn for any reason at any time prior to the entry of a final decree of termination or adoption, as the case may be, and the Indian child must be returned to the parent or Indian custodian.
[PL 2023, c. 359, §5 (NEW).]
4.  Collateral attack; vacation of decree and return of custody; limitations.
After the entry of a final decree of adoption of an Indian child in the District Court or Probate Court in a voluntary proceeding, the parent or Indian custodian may withdraw consent to the adoption upon the grounds that consent was obtained through fraud or duress and may petition the court to vacate the decree. Upon a finding by clear and convincing evidence that the consent was obtained through fraud or duress, the court shall vacate the decree and return the Indian child to the parent or Indian custodian. An adoption that has been effective for 2 years or longer may not be invalidated under the provisions of this subsection.
[PL 2023, c. 359, §5 (NEW).]
SECTION HISTORY
PL 2023, c. 359, §5 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1066: MAINE INDIAN CHILD WELFARE ACT › 22 §3947. Petition to court of competent jurisdiction to invalidate action upon showing of certain violations

§3947. Petition to court of competent jurisdiction to invalidate action upon showing of certain violations
An Indian child who is the subject of an action for foster care placement or termination of parental rights under the laws of this State, a parent or Indian custodian from whose custody the Indian child was removed under the laws of this State and the Indian child's tribe may petition the District Court to invalidate the action upon a showing by clear and convincing evidence that the action violated any provision of sections 3944 to 3946.   [PL 2023, c. 359, §5 (NEW).]
SECTION HISTORY
PL 2023, c. 359, §5 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1066: MAINE INDIAN CHILD WELFARE ACT › 22 §3949. Return of custody

§3949. Return of custody
1.  Petition; best interests of Indian child.
Notwithstanding any provision of law to the contrary, whenever a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the Indian child, a biological parent or prior Indian custodian may petition for return of custody and the court shall grant the petition unless there is a showing, in a proceeding subject to the provisions of section 3945, that the return of custody is not in the best interests of the Indian child.
[PL 2023, c. 359, §5 (NEW).]
2.  Removal from foster care placement; procedure.
Whenever an Indian child is removed from a foster care home or institution for the purpose of further foster care placement or preadoptive or adoptive placement, the placement must be in accordance with the provisions of this chapter, except for a case in which an Indian child is being returned to the parent or Indian custodian from whose custody the Indian child was originally removed.
[PL 2023, c. 359, §5 (NEW).]
SECTION HISTORY
PL 2023, c. 359, §5 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1066: MAINE INDIAN CHILD WELFARE ACT › 22 §3950. Disclosure of tribal affiliation information

§3950. Disclosure of tribal affiliation information
Upon application by an individual who has reached 18 years of age and who was an Indian child and the subject of an adoptive placement, the District Court or Probate Court that entered the final decree shall inform the individual of the tribal affiliation, if any, of the individual's biological parents and provide any other information necessary to protect any rights of the individual arising from the individual's tribal relationship.   [PL 2023, c. 359, §5 (NEW).]
SECTION HISTORY
PL 2023, c. 359, §5 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1066: MAINE INDIAN CHILD WELFARE ACT › 22 §3951. Improper removal of Indian child from custody; declination of jurisdiction; forthwith return of Indian child; danger exception

§3951. Improper removal of Indian child from custody; declination of jurisdiction; forthwith return of Indian child; danger exception
When a petitioner in an Indian child custody proceeding before a state court has improperly removed the Indian child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decline jurisdiction over the petition and shall forthwith return the Indian child to the child's parent or Indian custodian unless returning the Indian child to the child's parent or Indian custodian would subject the Indian child to a substantial and immediate danger or threat of such danger.   [PL 2023, c. 359, §5 (NEW).]
SECTION HISTORY
PL 2023, c. 359, §5 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1066: MAINE INDIAN CHILD WELFARE ACT › 22 §3952. Higher state or federal standard applicable to protect rights of parent or Indian custodian of Indian child; interpretive guidance

§3952. Higher state or federal standard applicable to protect rights of parent or Indian custodian of Indian child; interpretive guidance
In any case in which state or federal law applicable to an Indian child custody proceeding under state or federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under this chapter, the state or federal court shall apply the higher state or federal standard.   [PL 2023, c. 359, §5 (NEW).]
To the extent any procedure of an Indian child custody proceeding is not addressed in this Act, 25 Code of Federal Regulations, Part 23 must inform state practice.   [PL 2023, c. 359, §5 (NEW).]
SECTION HISTORY
PL 2023, c. 359, §5 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1066: MAINE INDIAN CHILD WELFARE ACT › 22 §3953. Emergency removal or placement of Indian child; termination; appropriate action

§3953. Emergency removal or placement of Indian child; termination; appropriate action
This Act does not prevent the emergency removal of an Indian child who is a resident of or is domiciled on a reservation, but temporarily located off the reservation, from their parent or Indian custodian or the emergency placement of an Indian child in a foster home or institution, under the laws of this State, in order to prevent imminent physical damage or harm to the Indian child.   [PL 2023, c. 359, §5 (NEW).]
1.  Termination.
An emergency removal or placement of an Indian child in an emergency proceeding must terminate immediately when the removal or placement is no longer necessary to prevent imminent physical damage or harm to the Indian child. An emergency removal or placement of an Indian child may be terminated by, but is not necessarily terminated by, one of the following actions:
A. Initiation of an Indian child custody proceeding subject to the provisions of this Act;   [RR 2023, c. 1, Pt. A, §16 (COR).]
B. Transfer of the Indian child to the jurisdiction of the appropriate Indian tribe; or   [PL 2023, c. 359, §5 (NEW).]
C. Restoration of the Indian child to the parent or Indian custodian.   [PL 2023, c. 359, §5 (NEW).]
[RR 2023, c. 1, Pt. A, §16 (COR).]
2.  Procedure applicable to emergency proceedings.
In any emergency proceeding in District Court or Probate Court, the court shall:
A. Make a finding on the record, supported by clear and convincing evidence, that the emergency removal or placement is necessary to prevent imminent physical damage or harm to the Indian child;   [PL 2023, c. 359, §5 (NEW).]
B. Promptly hold a hearing on whether the emergency removal or placement continues to be necessary whenever new information indicates that the emergency situation has ended; and   [PL 2023, c. 359, §5 (NEW).]
C. At any court hearing during the emergency proceeding, determine whether there is clear and convincing evidence demonstrating that the emergency removal or placement remains necessary to prevent imminent physical damage or harm to the Indian child and, if not, immediately terminate or ensure that the petitioning party immediately terminates the emergency proceeding.   [PL 2023, c. 359, §5 (NEW).]
[PL 2023, c. 359, §5 (NEW).]
SECTION HISTORY
PL 2023, c. 359, §5 (NEW). RR 2023, c. 1, Pt. A, §16 (COR).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1066: MAINE INDIAN CHILD WELFARE ACT › 22 §3954. Qualified expert witness

§3954. Qualified expert witness
1.  Identification.
In any proceeding subject to this Act that requires the testimony of a qualified expert witness, the qualified expert witness must be provided by the petitioner and must meet the criteria of subsection 3 or 4. A qualified expert witness may be identified based on information from the Indian child's tribe or with the assistance of the United States Department of the Interior, Bureau of Indian Affairs.
[PL 2023, c. 359, §5 (NEW).]
2.  Testimony provided.
In any proceeding subject to this Act that requires the testimony of a qualified expert witness, at least one qualified expert witness must testify regarding:
A. The prevailing social and cultural standards and child-rearing practices of the Indian child's tribe; and   [PL 2023, c. 359, §5 (NEW).]
B. Whether the Indian child's continued custody by the Indian child's parent or Indian custodian is likely to result in serious emotional or physical damage to the Indian child.   [PL 2023, c. 359, §5 (NEW).]
[PL 2023, c. 359, §5 (NEW).]
3.  Tribal qualification.
A person is a qualified expert witness under this section if the Indian child's tribe has designated the person as being qualified to testify to the prevailing social and cultural standards of the Indian tribe.
[PL 2023, c. 359, §5 (NEW).]
4.  Alternative qualification.
If the Indian child's tribe has not designated a qualified expert witness or the designated qualified expert witness is unavailable, the following individuals, in order of priority, may testify as a qualified expert witness:
A. A member of the Indian child's tribe who is recognized by the tribal community as knowledgeable in tribal customs as they pertain to family organization and child-rearing practices;   [PL 2023, c. 359, §5 (NEW).]
B. A member of another Indian tribe who is recognized to be a qualified expert witness by the Indian child's tribe based on the member's knowledge of the delivery of child and family services to Indians and the Indian child's tribe;   [PL 2023, c. 359, §5 (NEW).]
C. A layperson who is recognized by the Indian child's tribe as having substantial experience in the delivery of child and family services to Indians, and knowledge of prevailing social and cultural standards and child-rearing practices within the Indian child's tribe; or   [PL 2023, c. 359, §5 (NEW).]
D. A professional person having substantial education and experience in the area of the professional person's specialty who can demonstrate knowledge of the prevailing social and cultural standards and child-rearing practices within the Indian child's tribe.   [PL 2023, c. 359, §5 (NEW).]
[PL 2023, c. 359, §5 (NEW).]
5.  Disqualified persons.
A petitioning party, an employee of the petitioning party or an employee of the Department of Health and Human Services may not serve as a qualified expert witness or a professional under this section.
[PL 2023, c. 359, §5 (NEW).]
SECTION HISTORY
PL 2023, c. 359, §5 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1066: MAINE INDIAN CHILD WELFARE ACT › 22 §3955. Agreements between the State and Indian tribes

§3955. Agreements between the State and Indian tribes
The State may enter into agreements with Indian tribes with respect to the care and custody of Indian children and jurisdiction over Indian child custody proceedings, including agreements that provide for orderly transfer of jurisdiction on a case-by-case basis and agreements that provide for concurrent jurisdiction between the State and Indian tribes. A revocation of an agreement under this section does not affect any action or proceeding over which a court has already assumed jurisdiction, unless the agreement provides otherwise.   [PL 2023, c. 359, §5 (NEW).]
SECTION HISTORY
PL 2023, c. 359, §5 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1071: CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT › Subchapter 1: GENERAL PROVISIONS › 22 §4001. Title

§4001. Title
This chapter may be cited as the "Child and Family Services and Child Protection Act."   [PL 1979, c. 733, §18 (NEW).]
SECTION HISTORY
PL 1979, c. 733, §18 (NEW).
2023 Maine Revised Statutes › TITLE 22: HEALTH AND WELFARE › Subtitle 3: INCOME SUPPLEMENTATION › Part 3: CHILDREN › Chapter 1071: CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT › Subchapter 1: GENERAL PROVISIONS › 22 §4004-A. Voluntary agreements

§4004-A. Voluntary agreements
1.  Agreement authorized.
If the following conditions are met, the department and a custodian may enter into a mutual agreement in which the custodian retains custody of the child and the department agrees to provide services to the child.
A. The department finds that staying in the custodian's home would be detrimental to the welfare of the child.   [PL 1993, c. 724, §1 (NEW).]
B. The department finds that, absent a mutual agreement, the child is at risk of entering the child protection system or the juvenile justice system.   [PL 1993, c. 724, §1 (NEW).]
[PL 1993, c. 724, §1 (NEW).]
2.  Agreement requirements.
An agreement entered into pursuant to subsection 1 must meet the following requirements.
A. The agreement may not exceed 180 days unless, within the 180 days, the District Court has found that returning to the custodian's home would be detrimental to the welfare of the child. If the court has made that determination, the agreement may continue but must be reviewed by the court no more than 18 months after commencement of the agreement and at least every 2 years following the 18-month review.   [PL 1993, c. 724, §1 (NEW).]
B. The agreement must specify the legal status of the child and the rights and obligations of the custodian, the child, the department and any other parties to the agreement.   [PL 1993, c. 724, §1 (NEW).]
C. If the custodian is able to contribute resources to the care of the child, that contribution must be specified in the agreement. Resources include, but are not limited to, insurance coverage and disposable income.   [PL 1993, c. 724, §1 (NEW).]
D. The agreement must be approved by the commissioner or the commissioner's designee.   [PL 1993, c. 724, §1 (NEW).]
[PL 1993, c. 724, §1 (NEW).]
3.  Additional parties.
The Department of Corrections, the Department of Education and any other appropriate state agency may be additional parties to the agreement.
[PL 2011, c. 657, Pt. AA, §64 (AMD).]
4.  Section 4022 not affected.
This section does not apply to agreements entered into under section 4022.
[PL 1993, c. 724, §1 (NEW).]
5.  Rules.
The department may adopt rules to implement this section.
[PL 1993, c. 724, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 724, §1 (NEW). PL 1995, c. 560, §K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 2001, c. 354, §3 (AMD). RR 2003, c. 2, §77 (COR). PL 2011, c. 657, Pt. AA, §64 (AMD).