LD 1070
pg. 1
LD 1070 Title Page An Act to Require Background Checks for Adoptions Page 2 of 2
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LR 658
Item 1

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

 
Sec. 1. 18-A MRSA §9-301, as amended by PL 1997, c. 18, §3 and
affected by §6, is further amended to read:

 
§9-301. Petition for adoption and change of name; filing fee

 
A husband and wife jointly or an unmarried person, resident or
nonresident of the State, may petition the Probate Court to adopt
a person, regardless of age, and to change that person's name.
The fee for filing the petition is $50. plus:

 
(a)__The fee for a national criminal history record check for
noncriminal justice purposes set by the Federal Bureau of
Investigation for each prospective adoptive parent who is not the
biological parent of the child; and

 
(b)__The fee for a state criminal history record check for
noncriminal justice purposes established pursuant to Title 25,
section 1541, subsection 6 for each prospective adoptive parent
who is not the biological parent of the child.

 
Sec. 2. 18-A MRSA §9-304, sub-§(a), as amended by PL 1997, c. 239, §5
and affected by §6, is repealed.

 
Sec. 3. 18-A MRSA §9-304, sub-§(a-1) is enacted to read:

 
(a-1)__Upon the filing of a petition for adoption of a minor
child, the court shall request a background check and shall
direct the department or a licensed child-placing agency to
conduct a study and make a report to the court.

 
(1)__The study must include an investigation of the
conditions and antecedents of the child to determine whether
the child is a proper subject for adoption and whether the
proposed home is suitable for the child.__The department or
licensed child-placing agency shall submit the report to the
court within 60 days.

 
(i)__If the court has a report that provides
sufficient, current information, the court may waive
the requirement of a study and report.

 
(ii)__If the petitioner is a blood relative of the
child, the court may waive the requirement of a study
and report.

 
(2)__The court shall request a background check for each
prospective adoptive parent who is not the biological parent of
the child.__The background check must include a screening for
child abuse cases in the records of the department and


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