Sec. A-1. 22 MRSA §4005, sub-§1, ¶B, as amended by PL 1995, c. 405, §19, is further amended to read:
B. The guardian ad litem shall act in pursuit of the best interests of the child. The guardian ad litem must be given access to all reports and records relevant to the case and investigate to ascertain the facts. The investigation must include, when possible and appropriate, the following:
(1) Review of relevant mental health records and materials;
(2) Review of relevant medical records;
(3) Review of relevant school records and other pertinent materials;
(4) Interviews with the child with or without other persons present; and
(5) Interviews with parents, foster parents, teachers, caseworkers and other persons who have been involved in caring for or treating the child.
The guardian ad litem shall have face-to-face contact with the child in the child's home or foster home within 7 days of appointment by the court and at least once every 3 months thereafter or on a schedule established by the court for reasons specific to the child and family. The guardian ad litem shall report to the court and all parties in writing at 6-month intervals, or as is otherwise ordered by the court, regarding the guardian ad litem's activities on the behalf of the child and recommendations concerning the manner in which the court should proceed in the best interest of the child. The court may provide an opportunity for the child to address the court personally if the child requests to do so or if the
guardian ad litem believes it is in the child's best interest.
Sec. A-2. 22 MRSA §4005, sub-§1, ¶D, as enacted by PL 1983, c. 183, is amended to read:
D. The guardian ad litem shall make a written report of his the investigation, findings and recommendations, and shall provide a copy of his the report to each of the parties reasonably in advance of the hearing, and to the court on consent of all parties, except that he the guardian ad litem need not provide a written report prior to a hearing on a preliminary protection order.
Sec. A-3. 22 MRSA §4006, as amended by PL 1983, c. 772, §3, is repealed and the following enacted in its place:
A party aggrieved by an order of a court entered pursuant to section 4035, 4054 or 4071 may appeal directly to the Supreme Judicial Court sitting as the Law Court and such appeals are governed by the Maine Rules of Civil Procedure, chapter 9.
Appeals from any order under section 4035, 4054 or 4071 must be expedited. Any attorney appointed to represent a party in a District Court proceeding under this chapter shall continue to represent that client in any appeal unless otherwise ordered by the court.
Orders entered under this chapter under sections other than section 4035, 4054 or 4071 are interlocutory and are not appealable.
Sec. A-4. 22 MRSA §4034, sub-§4, as amended by PL 1983, c. 184, §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, unless all parties agree to a later date. 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 shall bear 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 evidence, that returning the child to his the child's custodian would place him 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. A-5. 22 MRSA §4034, sub-§5, as enacted by PL 1979, c. 733, §18, is amended to read:
5. Contents of order. The order shall must include a notice to the parents and custodians of their right to counsel, as required under section 4032, subsection 2, paragraph G, and, if the order was made without consent, notice of the date and time of the summary preliminary hearing. The order must include a notice to the parent or custodian that if a parent or custodian is not served with the petition before the summary preliminary hearing, the parent or custodian is entitled to request a subsequent preliminary hearing within 10 days after receipt of the petition.
Sec. A-6. 22 MRSA §4035, as amended by PL 1997, c. 475, §1, is further amended by repealing and replacing the headnote to read:
§4035. Hearing on jeopardy order petition
Sec. A-7. 22 MRSA §4035, sub-§1, as enacted by PL 1979, c. 733, §18, is amended to read:
1. Hearing required. The court shall hold a hearing prior to making a final protection jeopardy order.
Sec. A-8. 22 MRSA §4035, sub-§4, as amended by PL 1997, c. 475, §1, is repealed.
Sec. A-9. 22 MRSA §4035, sub-§4-A is enacted to read:
4-A. Jeopardy order. The court shall issue a jeopardy order within 120 days of the filing of the child protection petition.
This time period does not apply if good cause is shown. Good cause does not include a scheduling problem.
Sec. A-10. 22 MRSA §4036, sub-§1, ¶G-1, as amended by PL 1995, c. 405, §21, is repealed.
Sec. A-11. 22 MRSA §4036, sub-§1, ¶G-2 is enacted to read:
G-2. If the court's jeopardy order includes a finding of an aggravating factor, the court may order the department to cease reunification, in which case a permanency planning hearing must
commence within 30 days of the order to cease reunification.
Sec. A-12. 22 MRSA §4055, sub-§3, as amended by PL 1993, c. 198, §2, is further amended to read:
3. Wishes of child. The court may not order termination if the child is at least 14 years old and objects to the termination. The court shall consider, but is not bound by, the wishes of a child 12 years of age or older in making an order under this section.
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