Maine Revised Statutes Title 22 Sec. 4036-B – Removal of child from home
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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.
[PL 2003, c. 408, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 4036-B
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Aggravating factor: means any of the following circumstances with regard to the parent. See Maine Revised Statutes Title 22 Sec. 4002
- Custodian: means the person who has legal custody and power over the person of a child. See Maine Revised Statutes Title 22 Sec. 4002
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- jeopardy: means serious abuse or neglect, as evidenced by:
A. See Maine Revised Statutes Title 22 Sec. 4002Parent: means a natural or adoptive parent or a parent established under Title 19?A, chapter 61, unless parental rights have been terminated. See Maine Revised Statutes Title 22 Sec. 4002 Removal of the child from home: means that the department or a court has taken a child out of the home of the parent, legal guardian or custodian without the permission of the parent or legal guardian. See Maine Revised Statutes Title 22 Sec. 4002
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.
[PL 2003, c. 408, §1 (NEW).]
3. Reasonable efforts to prevent removal. The department shall make reasonable efforts to prevent removal of the child from home, unless the court finds the presence of an aggravating factor. 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 [PL 2003, c. 408, §1 (NEW).]
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 aggravating factor. [PL 2003, c. 408, §1 (NEW).]
[PL 2003, c. 408, §1 (NEW).]
3-A. Notification to relatives. Except as required by family or domestic violence safety precautions, the department shall exercise due diligence to identify and provide notice, within 30 days after the removal of a child from the custody of a parent or custodian, to the following relatives: all grandparents; all parents of a sibling of the child who have legal custody of the sibling; and other adult relatives of the child, including any other adult relatives suggested by the parents. For the purposes of this subsection, “sibling” includes an individual who would have been considered a sibling of the child but for a termination or other disruption of parental rights, such as the death of a parent. Failure to comply with this provision does not affect service on a parent or custodian.
[PL 2015, c. 381, §4 (AMD).]
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.
[PL 2003, c. 408, §1 (NEW).]
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?B, the court shall make a finding whether or not the department has made reasonable efforts to finalize the permanency plan.
[PL 2005, c. 372, §3 (AMD).]
6. Requirements for findings. A court order making any finding required by this section must:
A. Be in writing; [PL 2003, c. 408, §1 (NEW).]
B. State that the finding was based on the specific facts and circumstances relating to the child; and [PL 2003, c. 408, §1 (NEW).]
C. Explicitly document the basis for the finding. [PL 2003, c. 408, §1 (NEW).]
[PL 2003, c. 408, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 408, §1 (NEW). PL 2005, c. 372, §3 (AMD). PL 2011, c. 402, §4 (AMD). PL 2015, c. 381, §4 (AMD).