Sec. 1. 22 MRSA §4010-B is enacted to read:

§4010-B.__Personal liability

Notwithstanding Title 14, chapter 741, if a court finds in a proceeding under this chapter that a child was physically removed from the child's parent or custodian when the child was not in circumstances of jeopardy to the health or welfare of the child, the department employees responsible for the removal shall pay the attorney's fees and costs incurred by the parent or custodian.

SUMMARY

This bill requires the responsible employees of the Department of Human Services to pay the parent's or custodian's attorney's fees and costs when a court finds that a child was physically removed from the home when the child was not in jeopardy. This is an exception to the Maine Tort Claims Act.