‘Sec. 1. 22 MRSA §4002, sub-§9-D is enacted to read:
Sec. 2. 22 MRSA §4012, sub-§1, as enacted by PL 1979, c. 733, §18, is amended to read:
Hospitals, medical personnel and law enforcement personnel may submit emergency reports through password-protected e-mail submissions. A faxed report may also be accepted when preceded by a telephone call informing the department of the incoming fax transmission.
Sec. 3. 22 MRSA §4031, sub-§1, as amended by PL 1995, c. 694, Pt. D, §40 and affected by Pt. E, §2, is further amended to read:
Sec. 4. 22 MRSA §4036-B, sub-§3-A is enacted to read:
Sec. 5. 22 MRSA §4037-A is enacted to read:
§ 4037-A. Extended care
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. 6. 22 MRSA §4038-C, sub-§1, ¶C, as enacted by PL 2005, c. 372, §6, is amended to read:
Sec. 7. 22 MRSA §4038-C, sub-§1, ¶D, as enacted by PL 2005, c. 372, §6, is amended to read:
Sec. 8. 22 MRSA §4038-C, sub-§1, ¶E is enacted to read:
Sec. 9. 22 MRSA §4038-C, sub-§13 is enacted to read:
Sec. 10. 22 MRSA §4038-D, sub-§2, as enacted by PL 2005, c. 372, §6, is amended to read:
Sec. 11. 22 MRSA §4038-D, sub-§3, as enacted by PL 2005, c. 372, §6, is repealed.
Sec. 12. 22 MRSA §4038-D, sub-§4, as enacted by PL 2005, c. 372, §6, is amended to read:
Sec. 13. 22 MRSA §4038-D, sub-§5, as enacted by PL 2005, c. 372, §6, is amended to read:
Sec. 14. 22 MRSA §4038-D, sub-§8, as enacted by PL 2005, c. 372, §6, is repealed.
Sec. 15. 22 MRSA §4038-E is enacted to read:
§ 4038-E. Adoption from permanency guardianship
The department may petition the District Court to have a permanency guardian adopt the child in the permancy guardian's care and to change the child's name.
(1) A screening of the permanency guardian for child abuse cases in the records of the department;
(2) The national criminal history record check for noncriminal justice purposes for each permanency guardian under subsection 7, paragraph A or updated check if the original was completed more than 2 years prior to the filing of the petition; and
(3) The state criminal history record check for noncriminal justice purposes for each permanency guardian under subsection 7, paragraph A or updated check if the original was completed more than 2 years prior to the filing of the petition;
(1) The criminal history record information obtained from the Maine Criminal Justice Information System must include a record of Maine conviction data.
(2) The criminal history record information obtained from the Federal Bureau of Investigation must include other state and national criminal history record information.
(3) Each permanency guardian of the child shall submit to having fingerprints taken. The State Police, upon receipt of the fingerprint card, may charge the department for the expenses incurred in processing state and national criminal history record checks. The State Police shall take or cause to be taken the applicant's fingerprints and shall forward the fingerprints to the State Bureau of Identification so that the bureau can conduct state and national criminal history record checks. Except for the portion of the payment, if any, that constitutes the processing fee charged by the Federal Bureau of Investigation, all money received by the State Police for purposes of this paragraph must be paid over to the Treasurer of State. The money must be applied to the expenses of administration incurred by the Department of Public Safety.
(4) The subject of a Federal Bureau of Investigation criminal history record check may obtain a copy of the criminal history record check by following the procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of a state criminal history record check may inspect and review the criminal history record information pursuant to Title 16, section 620.
(5) State and federal criminal history record information may be used by the department for the purpose of screening each permanency guardian in determining whether the adoption is in the best interests of the child.
(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 an adoption petition under this section.
The consents to adoption must be written and voluntarily and knowingly executed before a judge. The judge shall explain the effects of the consent to adoption. Before the adoption is granted, the court shall ensure that each permanency guardian is informed of the existence of the adoption registry and the services available under Title 22, section 2706-A.
(1) All necessary consents have been duly executed;
(2) The permanency guardian is a suitable adopting parent and desires to establish a parent and child relationship with the child; and
(3) The adoption is in the best interest of the child.
After the adoption has been granted, the department shall file a certificate of adoption with the State Registrar of Vital Statistics on a form prescribed and furnished by the state registrar.
The department shall notify the biological parents whose parental rights have been terminated and grandparents who were granted reasonable rights of visitation or access pursuant to section 4005-E or Title 19-A, section 1803.
Sec. 16. 22 MRSA §4059 is enacted to read:
§ 4059. Reinstatement of parental rights
The department may petition the District Court to reinstate the parental rights of a parent whose parental rights have been previously terminated by an order of the District Court.
(1) The child has been in the custody of the department for at least 12 months after the issuance of the order terminating parental rights;
(2) The child has lived for at least 3 months in the home of the parent after the petition for reinstatement has been filed;
(3) The parent consents to the reinstatement of parental rights. Consent must be written and voluntarily and knowingly executed in court before a judge. The judge shall explain the effects of reinstatement of parental rights;
(4) If the child is 12 years of age or older, the child consents to the reinstatement of parental rights; and
(5) Reinstatement of parental rights is in the best interest of the child.
Sec. 17. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 22, chapter 1071, subchapter 4, in the subchapter headnote, the words "protection orders" are amended to read "protection orders; permanency guardianship" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.’