Sec. 1. 22 MRSA §4034, sub-§2, as enacted by PL 1979, c. 733, §18, is amended to read:

2. Order. If the court finds by a preponderance of the clear and convincing evidence presented in the sworn summary or otherwise that there is an immediate risk of serious harm to the child, it may order any disposition under section 4036. A preliminary protection order shall automatically expire expires at the time of the issuing of a final protection order under section 4035.

Sec. 2. 22 MRSA §4034, sub-§4, as amended by PL 1997, c. 715, Pt. A, §4, is further amended to read:

4. Summary preliminary hearing. If the custodial parent appears and does not consent, or if a noncustodial parent requests a hearing, then the court shall hold a summary preliminary hearing on that order within 10 days of its issuance or request. If a parent or custodian is not served with the petition before the summary preliminary hearing, the parent or custodian may request a subsequent preliminary hearing within 10 days after receipt of the petition. The petitioner bears the burden of proof. At a summary preliminary hearing, the court may limit testimony to the testimony of the caseworker, parent, custodian, guardian ad litem, foster parent, preadoptive parent or relative providing care and may admit evidence, including reports and records, that would otherwise be inadmissable as hearsay evidence. If after the hearing the court finds by a preponderance of the clear and convincing evidence that returning the child to the child's custodian would place the child in immediate risk of serious harm, it shall continue the order or make another disposition under section 4036. If the court's preliminary 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 a permanency planning hearing must commence within 30 days of entry of the preliminary order.

Sec. 3. 22 MRSA §4035, sub-§2, as enacted by PL 1979, c. 733, §18, is amended to read:

2. Adjudication. After hearing evidence, the court shall make a finding, by a preponderance of the clear and convincing evidence, whether the child is in circumstances of jeopardy to his the child's health or welfare.

Sec. 4. 22 MRSA §4038, sub-§6, as amended by PL 1989, c. 270, §13, is further amended to read: