LD 1009
pg. 1
LD 1009 Title Page An Act to Amend the Child and Family Services and Child Protection Act Page 2 of 2
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LR 587
Item 1

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

 
Sec. 1. 22 MRSA §4005-A, sub-§1, ¶A, as amended by PL 1997, c. 343, §1,
is further amended to read:

 
A. "Foster parent" means a person who has had a the child
who is the subject of the child protection proceeding in
that person's home for at least 120 days and who either has
received a license for a family foster home as defined in
section 8101, subsection 3, or who is a relative.

 
Sec. 2. 22 MRSA §4005-A, sub-§2, as amended by PL 1991, c. 176, §1, is
further amended to read:

 
2. Petition. A foster parent may petition for standing and
intervenor status in any child protection proceeding under this
chapter regarding a foster child that lives or has lived in the
foster parent's home. The standing and intervenor status is
limited to that proceeding unless otherwise ordered by the court.

 
Sec. 3. 22 MRSA §4006, first ¶, as repealed and replaced by PL 1997, c.
715, Pt. A, §3, is amended to read:

 
A party aggrieved by an order of a court entered pursuant to
section 4035, 4054 or 4071 may appeal the order.__These appeals
must be directly to the Supreme Judicial Court sitting as the Law
Court and such appeals are governed by the Maine Rules of Civil
Procedure, chapter 9.

 
Sec. 4. 22 MRSA §4031, sub-§3, as corrected by RR 1999, c. 1, §29, is
amended to read:

 
3. Scope of authority. The court shall consider and act on
child protection petitions regardless of other decrees regarding
a child's care and custody. The requirements and provisions of
Title 19-A, chapter 58 do not apply to child protection
proceedings. If custody is an issue in another pending
proceeding, the proceedings may be consolidated in the District
Court with respect to the custody issue. In any event, the court
shall make an order on the child protection petition in
accordance with this chapter. That order takes precedence over
any prior other order regarding the child's care and custody.

 
Sec. 5. 22 MRSA §4033, sub-§5, as enacted by PL 1997, c. 715, Pt. B,
§6, is amended to read:

 
5. Notice to foster parents, preadoptive parents and
relatives providing care. The department shall provide written
notice of all reviews and hearings in advance of the proceeding
to foster parents, preadoptive parents and relatives providing


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