Title 22, Title 22

1. Kinship preference. Except as provided in subsections 3, 5 and 6, in the residential placement of a child, the department shall give preference to an adult relative over a nonrelated caregiver when determining placement for a child, as long as the adult relative meets all rele…

1. Grandparent visitation or access. A grandparent who is designated as an interested person or a participant under section 4005‑D or who has been granted intervenor status under the Maine Rules of Civil Procedure, Rule 24 may request the court to grant reasonable rights of visit…

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 Appellate Procedure. [PL 2023, c. 638, §25 (AMD).] Appeals from …

1. Procedures. All child protection proceedings shall be conducted according to the rules of civil procedure and the rules of evidence, except as provided otherwise in this chapter. All the proceedings shall be recorded. All proceedings and records shall be closed to the public, …

1. Confidentiality of records and information. All department records that contain personally identifying information and are created or obtained in connection with the department's child protective activities and activities related to a child while in the care or custody of the …

1. Disclosure permitted. Notwithstanding any other provision of law, the commissioner, with the advice of the Attorney General, may disclose information as set forth in this section regarding the abuse or neglect of a child and the investigation of and any services related to the…

A person who knowingly violates a provision of this chapter commits a civil violation for which a forfeiture of not more than $500 may be adjudged.

1. Treatment not considered abuse or neglect. Under subchapters I to VII, a child shall not be considered to be abused or neglected, in jeopardy of health or welfare or in danger of serious harm solely because treatment is by spiritual means by an accredited practitioner of a rec…

1. Policy development. Every public or private agency or program that is administered, licensed or funded by the Department of Health and Human Services or the Department of Corrections and hires staff or selects volunteers and provides care or services for children shall develop…

1. Written policies. By February 1, 2003, the department shall put in writing all policies that direct or guide procedural and substantive decision making by caseworkers, supervisors and other department personnel concerning child protective cases. 2. Publicly available. By Febru…

The Department of Health and Human Services shall establish a transition grant program to provide financial support to eligible individuals to pay for postsecondary education or training programs. [PL 2025, c. 272, §2 (AMD).] 1. Age; enrollment in postsecondary education institut…

1. Annual report. The child welfare advisory panel shall submit a report annually to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the activities of and reports produced by the child welfare advisory panel formed pur…

The Office of Child and Family Services shall submit a report to the joint standing committee of the Legislature having jurisdiction over health and human services matters at least every 3 months. Each quarterly report shall describe the department's efforts to protect the State'…

1. Required report to department. The following adult persons shall immediately report or cause a report to be made to the department when the person knows or has reasonable cause to suspect that a child has been or is likely to be abused or neglected or that a suspicious child d…

1. Notification regarding infants affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure or fetal alcohol spectrum disorder. A health care provider involved in the delivery or care of an infant the provider identifies as having been born affected…

1. Immediate report. Reports regarding abuse or neglect must be made immediately by telephone to the department unless otherwise specified in this subsection and must be followed by a written report within 48 hours if requested by the department. Medical professionals, hospitals …

1. Reporting and proceedings. A person, including an agent of the department, participating in good faith in reporting under this subchapter or participating in a related child protection investigation or proceeding, including, but not limited to, a multidisciplinary team, out-of…

The husband-wife and physician and psychotherapist-patient privileges under the Maine Rules of Evidence and the confidential quality of communication under Title 16, section 53‑B; Title 20‑A, sections 4008 and 6001, to the extent allowed by applicable federal law; Title 24‑A, sec…

Notwithstanding Title 5, section 7070, subsection 2, paragraph E or any other provision of law, the confidentiality of employee records is abrogated in relation to required reporting, cooperating with the department or guardian ad litem in an investigation or other child protecti…

No person may be discriminated against by any employer in any way for participating in good faith in reporting under this subchapter or in a related child protection investigation or proceeding.

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Medical services provider" means an individual certified, registered or licensed in the healing arts, including, but not limited to, a physician, …

This section governs the establishment, organization and duties of child advocacy centers to coordinate the investigation and prosecution of child sexual abuse and other child abuse and neglect and the referral of victims of child sexual abuse and other child abuse and neglect fo…

1. Subpoenas and obtaining criminal history. The commissioner, the commissioner's delegate or the legal counsel for the department may: A. Issue subpoenas requiring persons to disclose or provide to the department information or records in their possession that are necessary and …

On the written request of a person responsible for the child, the department may care for that child for a specified period by agreement, unless a custodian objects. Voluntary care agreements shall not affect custody. The department may require reimbursement from a parent or cust…

1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings. A. "Agency" means a person with a contract or written agreement with the department to provide short-term emergency services. [PL 1979, c. 733, §18 (N…

If the department requires that a child receive mental health services or other medical services as an alternative to the initiation of a child protection proceeding, the department shall inform the person responsible for the child that the services must be approved by the depart…

1. Jurisdiction. The following provisions govern jurisdiction. A. The District Court has jurisdiction over child protection proceedings and jurisdiction over petitions for adoption from permanency guardianship filed by the department. [PL 2011, c. 402, §3 (AMD).] B. The Probate C…

1. Who may petition. Petitions may be brought by: A. The department through an authorized agent; [PL 1979, c. 733, §18 (NEW).] B. A police officer or sheriff; or [PL 1979, c. 733, §18 (NEW).] C. Three or more persons. [PL 1979, c. 733, §18 (NEW).] 2. Contents of petition. A petit…

1. Petition service. A child protection petition shall be served as follows: A. The petition and a notice of hearing must be served on the parents, legal guardian and custodians, the guardian ad litem for the child and any other party at least 10 days prior to the hearing date. A…

1. Request. A petitioner may add to a child protection petition a request for a preliminary protection order or may request a preliminary protection order separately from the child protection petition. A request for a preliminary protection order must include a sworn summary of f…

1. Evidence. The exception under section 4034, subsection 4 for the admission of evidence that would otherwise be inadmissible hearsay applies to only the preliminary protection hearing under section 4034, subsection 4. Evidence admitted under that exception is not admissible in …

1. Hearing required. The court shall hold a hearing prior to making a jeopardy order. 2. Adjudication. After hearing evidence, the court shall make a finding, by a preponderance of the evidence, as to whether the child is in circumstances of jeopardy to the child's health or welf…

1. Disposition. In a protection order, the court may order one or more of the following: A. No change in custody; [PL 1979, c. 733, §18 (NEW).] B. Departmental supervision of the child and family in the child's home; [PL 1979, c. 733, §18 (NEW).] C. That the child, the custodians…

1. Definition. For purposes of this section, "order" means an order entered in a case filed pursuant to this chapter. 2. Crime committed. When disposition under section 4036 includes a provision that a party named in a petition not have contact with a child or children named in t…

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…

When custody of the child is ordered to the department or other custodian under a preliminary or final protection order, the custodian has full custody of the child subject to the terms of the order and other applicable law. [PL 2015, c. 187, §1 (NEW).] 1. Adoption. Custody does …

1. Extended care requirements. A person who is 18, 19, 20, 21 or 22 years of age and who attained 18 years of age while in the care and custody of the department may continue to receive care and support if the person: A. Is enrolled in secondary school or its equivalent or is enr…

1. Mandated review. If a court has made a jeopardy order, it shall review the case at least once every 6 months, unless the child has been emancipated or adopted. 1-A. No mandated review. Notwithstanding subsection 1, no subsequent judicial review is required unless petitioned fo…

If a case is transferred to the District Court pursuant to Title 18‑C, section 9‑205, the court shall conduct a hearing and enter a dispositional order using the same standards as set forth in section 4036. The court after the hearing and entering of a dispositional order shall c…

1. Mandated permanency planning hearing. Unless subsequent judicial reviews are not required pursuant to section 4038, subsection 1‑A, the District Court shall conduct a permanency planning hearing and shall determine a permanency plan within the earlier of: A. Thirty days after …

As part of the permanency plan, the District Court may appoint a person or persons as guardian of a minor, to be known as a permanency guardian. "Permanency guardian," when used in this section and in section 4038‑D and Title 20‑A, section 12572, means the person or persons appoi…

1. Establishment of program; use of federal funds. There is established in the department the Guardianship Subsidy Program, referred to in this section as "the program." For the purposes of this section, the department is authorized to use funds that are appropriated for child we…

A permanency guardian may petition the District Court to adopt the child in the permanency guardian's care and to change the child's name upon the issuance of the adoption decree. The petition must be filed and adjudicated in accordance with Title 18‑C, Article 9, except that the…

When the court has ordered a change in the custody of a child and a person not entitled to custody refuses to relinquish physical custody to the custodian, then, at the request of the department or custodian, a law enforcement officer may take any necessary and reasonable action …

1. Rehabilitation and reunification. 1-A. Rehabilitation and reunification. A child is considered to have entered foster care on the date of the first judicial finding that the child has been subjected to child abuse or neglect or on the 60th day after the child is removed from t…

Recognizing that instability and impermanency are contrary to the welfare of children, it is the intent of the Legislature that this subchapter: 1. Termination of parental rights. Allow for the termination of parental rights at the earliest possible time after rehabilitation and …