Title 22, Title 22

The purpose of this chapter is to encourage and maintain coordinated community efforts in each county to prevent child abuse and neglect through the provision of family-strengthening programs, including, but not limited to, public awareness activities, child safety education, par…

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1985, c. 483 (NEW).] 1. Community coordinating committee. 1-A. Child abuse and neglect prevention council. "Child abuse and neglect prevention council" means a co…

1. Duties. A child abuse and neglect prevention council shall review existing data to assess and monitor the extent and causes of child abuse and neglect in its county and carry out the following activities: A. Coordinate services, utilizing community, state and federal resources…

The department and other state agencies shall, from funds authorized to the department and state agencies, make grants to, or purchase services from, the child abuse and neglect prevention councils or fiscal agents to further the purposes of this chapter. [PL 2009, c. 204, §6 (AM…

A fiscal agent receiving grants or funds under this chapter shall act only in an administrative capacity to receive and distribute grant or fund money to the child abuse and neglect prevention councils, as described in the rules adopted by the department for regulating the local …

The child abuse and neglect prevention councils are responsible for facilitating the community programs under this chapter. Each council shall establish a governing or advisory board of directors. The board must be diverse with broad-based participation in each county. Terms of t…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 600, Pt. A, §16 (NEW).] 1. Board. "Board" means the Board of the Maine Children's Trust Incorporated. 2. Eligible organization. "Eligible organization" m…

The Maine Children's Trust Incorporated, referred to in this chapter as the "trust," is established to provide a mechanism for voluntary contributions by individuals and groups for annual and long-term funding of prevention programs. [PL 1995, c. 402, Pt. A, §6 (AMD).] The trust …

1. Establishment. The Board of the Maine Children's Trust Incorporated, referred to in this chapter as the "board," is established. 2. Membership. The board consists of at least 17 members, appointed as follows: A. One Senator, appointed by the President of the Senate for a 2-yea…

1. Duties. The board shall: A. Develop a biennial working plan for trust activities that sets overall statewide goals and objectives for child abuse prevention activities, establishes priorities for distribution of money in the fund and provides a working plan for the trust for t…

1. Control. The board may accept funds from a public or private source. Revenue to the fund must be managed, deposited, invested and disbursed by the board in a manner that is independent of control by the Department of Administrative and Financial Services. 2. Grants disbursemen…

The board, notwithstanding section 3884‑A, subsection 1, paragraph F, may not enter into contracts, obligations or commitments of any kind on behalf of the State or its agencies, nor does it have the power of eminent domain or other powers not provided to business corporations ge…

Officers, directors, employees and other agents of the board entrusted with the custody of the securities of the fund or authorized to disburse the money of the fund must be bonded, either by a blanket bond or individual bonds, with a surety bond or bonds with a minimum limitatio…

An officer, director or employee of the trust or a spouse or dependent child of an officer, director or employee of the trust may not receive direct personal benefit from the activities of the trust in assisting a private entity. This provision does not prohibit corporations or o…

The State, through the Governor, may accept donations, bequests, devises, grants or other interests of any nature on behalf of the trust and shall transfer those funds, that property or other interests to the fund.

By February 15th, the board shall provide an annual report and an annual independent audit of its activities to the Governor, the joint standing committee of the Legislature having jurisdiction over human resources matters and the public. The annual report must provide a summary …

The following conditions apply to the operation or dissolution of the fund. [PL 1993, c. 600, Pt. A, §16 (NEW).] 1. Net earnings of the fund. A member, officer, director or employee may not benefit from any part of the net earnings of the fund. Net earnings of the fund may be use…

This chapter must be construed liberally to effect the interests and purposes of the fund for the prevention of child abuse and neglect in the State and must be broadly interpreted to effect the intent and purposes and may not be interpreted as a limitation of powers.

The department shall develop a training plan for persons employed in social worker and caseworker job classifications. The department shall establish the goals and objectives of the plan. The department shall also establish goals and objectives for each course and training progra…

The department shall establish a schedule governing successful completion of course and training requirements for newly employed social workers and caseworkers of the department and a schedule for all other social workers and caseworkers currently employed by the department.

The department shall report to the joint standing committee of the Legislature having jurisdiction over human resource matters and the joint standing committee of the Legislature having jurisdiction over state and local government regarding the training plan and any findings and …

1. Help Maine Grow System established. The Help Maine Grow System, referred to in this chapter as "the system," is established in the department as a comprehensive, statewide, coordinated system of early identification, referral and follow-up for all children from prenatal care u…

The system shall: [PL 2021, c. 457, §1 (NEW).] 1. Expansion of services. Increase the percentage of children screened for developmental, social or emotional issues at all appropriate locations, including, but not limited to, early childhood education facilities, child care facili…

The department shall submit any annual and evaluation reports provided by the department to the national center under section 3921, subsection 1 to the joint standing committees of the Legislature having jurisdiction over health and human services matters and education matters, n…

1. Program established. The First 4 ME Early Care and Education Program is established under the department to provide funding to projects in order to achieve efficiencies, create opportunities and improve social, emotional, educational and health outcomes for children under 6 ye…

This Act may be known and cited as "the Maine Indian Child Welfare Act."

1. Finding. The Legislature finds and declares that membership or citizenship in an Indian tribe, as well as eligibility for membership or citizenship in an Indian tribe, as determined by each Indian tribe is a political classification. 2. Declaration of policy. The purpose of th…

As used in this Act, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 359, §5 (NEW).] 1. Active efforts. "Active efforts" means affirmative, active, thorough and timely efforts tailored to the facts and circumstances of the cas…

1. Exclusive jurisdiction. An Indian tribe has jurisdiction exclusive as to the courts of the State over any Indian child custody proceeding or emergency proceeding held in this State involving an Indian child who resides or is domiciled within the reservation of that Indian trib…

1. Determination of Indian child status. In any proceeding that would qualify as an Indian child custody proceeding or emergency proceeding if the child were an Indian child, the District Court or Probate Court shall ask each participant whether the participant knows or has reaso…

1. Consent; record; certification matters; invalid consents. When a parent or Indian custodian voluntarily consents to a foster care placement or to termination of parental rights, this consent is not valid unless executed in writing and recorded before a judge of the District Co…

An Indian child who is the subject of an action for foster care placement or termination of parental rights under the laws of this State, a parent or Indian custodian from whose custody the Indian child was removed under the laws of this State and the Indian child's tribe may pet…

1. Adoptive placements; preferences. In an adoptive placement of an Indian child under the laws of this State, placement preference must be given, in the absence of good cause to the contrary, in descending order, as listed below: A. An extended family member of the Indian child;…

1. Petition; best interests of Indian child. Notwithstanding any provision of law to the contrary, whenever a final decree of adoption of an Indian child has been vacated or set aside or the adoptive parents voluntarily consent to the termination of their parental rights to the I…

Upon application by an individual who has reached 18 years of age and who was an Indian child and the subject of an adoptive placement, the District Court or Probate Court that entered the final decree shall inform the individual of the tribal affiliation, if any, of the individu…

When a petitioner in an Indian child custody proceeding before a state court has improperly removed the Indian child from custody of the parent or Indian custodian or has improperly retained custody after a visit or other temporary relinquishment of custody, the court shall decli…

In any case in which state or federal law applicable to an Indian child custody proceeding under state or federal law provides a higher standard of protection to the rights of the parent or Indian custodian of an Indian child than the rights provided under this chapter, the state…

This Act does not prevent the emergency removal of an Indian child who is a resident of or is domiciled on a reservation, but temporarily located off the reservation, from their parent or Indian custodian or the emergency placement of an Indian child in a foster home or instituti…

1. Identification. In any proceeding subject to this Act that requires the testimony of a qualified expert witness, the qualified expert witness must be provided by the petitioner and must meet the criteria of subsection 3 or 4. A qualified expert witness may be identified based …

The State may enter into agreements with Indian tribes with respect to the care and custody of Indian children and jurisdiction over Indian child custody proceedings, including agreements that provide for orderly transfer of jurisdiction on a case-by-case basis and agreements tha…

1. Fund established; purpose. The Survivors of Military Sexual Trauma Fund, referred to in this section as "the fund," is established within the department. The fund may receive money from any available state, federal or private source. The fund may not lapse but must be carried …

This chapter may be cited as the "Child and Family Services and Child Protection Act."

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1979, c. 733, §18 (NEW).] 1. Abuse or neglect. "Abuse or neglect" means a threat to a child's health or welfare by physical, mental or emotional injury or impairm…

Recognizing that the health and safety of children must be of paramount concern and that the right to family integrity is limited by the right of children to be protected from abuse and neglect and recognizing also that uncertainty and instability are possible in extended foster …

1. General. The department may take appropriate action, consistent with available funding, that will help prevent child abuse and neglect and achieve the goals of section 4003 and subchapter XI‑A, including: A. Developing and providing services which: (1) Support and reinforce pa…

1. Agreement authorized. If the following conditions are met, the department and a custodian may enter into a mutual agreement in which the custodian retains custody of the child and the department agrees to provide services to the child. A. The department finds that staying in t…