LD 1597
pg. 2
Page 1 of 4 An Act To Implement Federal Requirements in Child Protection Matters Page 3 of 4
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LR 1945
Item 1

 
B.__State that the finding was based on the specific facts and
circumstances relating to the child; and

 
C.__Explicitly document the basis for the finding.

 
Sec. 2. 22 MRSA §4038, sub-§1-A, ¶A, as enacted by PL 1987, c. 269, §2,
is amended to read:

 
A. When custody has been granted to a person other than a
parent or the department; or

 
Sec. 3. 22 MRSA §4038, sub-§1-A, ¶B, as amended by PL 1997, c. 475, §3,
is further amended to read:

 
B. When custody has been granted to a parent who did not
have custody at the time the child protection petition was
filed;.

 
Sec. 4. 22 MRSA §4038, sub-§1-A, ¶C, as amended by PL 1997, c. 475, §3,
is repealed.

 
Sec. 5. 22 MRSA §4038, sub-§1-A, ¶D, as enacted by PL 1997, c. 475, §4,
is repealed.

 
Sec. 6. 22 MRSA §4038, sub-§5, as enacted by PL 1985, c. 739, §14, is
amended to read:

 
5. Hearing. The court shall hear evidence and shall consider
the original reason for the adjudication and disposition under
sections 4035 and 4036, the events that have occurred since then
and the efforts of the parties as set forth under section 4041
and shall consider the effect of a change in custody on the
child. After hearing, the court shall make written findings that
determine:

 
A.__The safety of the child in the child's placement;

 
B.__The continuing necessity for and appropriateness of the
child's placement;

 
C.__The effect of a change in custody on the child;

 
D.__The extent of the parties' compliance with the case plan
and the extent of progress that has been made toward
alleviating or mitigating the causes necessitating placement
in foster care;


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