Public Laws

124th Legislature

Second Regular Session



Chapter 557

H.P. 1151 - L.D. 1623

An Act To Expand Options in Child Protection Proceedings for Children in Foster Care

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 22 MRSA 4005, sub-3 is enacted to read:

3. Wishes of child. The District Court shall consider the wishes of the child, in a manner appropriate to the age of the child, including, but not limited to, whether the child wishes to participate or be heard in court. In addition, when a child’s expressed views are inconsistent with those of the guardian ad litem, the court shall consider whether to consult with the child directly, when the child's age is appropriate.

Sec. 2. 22 MRSA 4038-B, sub-4, D is enacted to read:

D. The permanency plan must ensure that all in-state and out-of-state placements are considered to provide the child with all possible permanency options.

Sec. 3. 22 MRSA 4038-B, sub-5, as enacted by PL 2005, c. 372, 6, is amended to read:

5.Wishes of child. The District Court shall consider , but is not bound by, the wishes of a child , in a manner appropriate to the age of the child, in making a determination under this section.

Sec. 4. 22 MRSA 4055, sub-3, as amended by PL 1997, c. 715, Pt. A, 12, is further amended to read:

3.Wishes of child. The court shall consider , but is not bound by, the wishes of a child 12 years of age or older , in a manner appropriate to the age of the child, in making an order under this section.

Sec. 5. 22 MRSA 8101, sub-1, as amended by PL 2009, c. 211, Pt. B, 19, is further amended to read:

1.Children's home. "Children's home" means any residence maintained exclusively or in part for the board and care of one or more children under the age of 18 , by anyone other than a relative by blood, marriage or adoption. "Children's home" does not include:
A.A facility established primarily to provide medical care;
B.A youth camp licensed under section 2495; or
C.A school established solely for educational purposes except as provided in subsection 4.

Effective July 12, 2010

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333