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

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

 
Sec. 1. 22 MRSA §4036-B is enacted to read:

 
§4036-B.__Removal of child from home

 
1.__Application.__The provisions of this section apply in any
case in which the court orders, or has ordered, the removal of a
child from home.

 
2.__Welfare of child.__Before a court may order removal of a
child from home, the court must specifically find that remaining
in the home is contrary to the welfare of the child.

 
3.__Reasonable efforts to prevent removal.__The department
shall make reasonable efforts to prevent removal of the child
from home, unless the court finds immediate risk of serious harm.__
In an order providing for removal of the child from home, or
within 60 days of the date of removal of the child from home, the
court shall make a finding:

 
A.__Whether or not the department has made reasonable
efforts to prevent the removal of the child from home; and

 
B.__If the court finds that the department did not make
reasonable efforts to prevent the removal of the child from
home, whether or not there is an immediate risk of serious
harm.

 
4.__Reasonable efforts to reunify.__The department shall make
reasonable efforts to rehabilitate and reunify the family as
provided in section 4041, subsection 1-A unless the court has
ordered that the department need not commence or may cease
reunification pursuant to section 4041, subsection 2.__In the
jeopardy order pursuant to section 4035 and in each judicial
review order pursuant to section 4038, the court shall make a
finding whether or not the department has made reasonable efforts
to rehabilitate and reunify the family.

 
5.__Reasonable efforts to finalize permanency plan.__The
department shall make reasonable efforts to finalize the
permanency plan.__In each order determining a permanency plan
pursuant to section 4038, subsection 7-A, the court shall make a
finding whether or not the department has made reasonable efforts
to finalize the permanency plan.

 
6.__Requirements for findings.__A court order making any
finding required by this section must:

 
A.__ Be in writing;


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