C. That the child, the custodians, the parents and other appropriate family members accept treatment or services to ameliorate the circumstances related to the jeopardy and that the department provide that treatment or services regardless of whether the department has custody of the child;

Sec. 6. 22 MRSA §4036, sub-§§6, 7 and 8 are enacted to read:

6.__Need for services.__A child may not be ordered into the custody of the department or remain in the custody of the department for the sole purpose of receiving services. When the department claims the need for services for a parent or child is a factor in determining risk of serious harm or remediation of jeopardy, the department must file with the court a detailed assessment of department-provided community services and funding mechanisms within the community and a detailed report of the department's advocacy efforts for community services and its coordination with other state agencies to provide such services.

7.__Refusal of services. The department may not terminate or suspend services or seek the dismissal of any child protection proceeding because a child in its custody refuses to participate in the department's permanency plan.

8.__Conference of relatives regarding placement.__Before placement of a child with a person other than the child's parent pursuant to subsection 1, paragraph F, the court or guardian ad litem may convene a conference of the child's relatives who have a potential interest in determining a placement that is in the best interests of the child. The court or the guardian ad litem shall provide for the child's relatives to be given information relevant to the determination of the placement of the child. The relatives must be permitted to make custody recommendations to the court, including a recommendation that the child reside with one or more of the relatives. The court shall place the child in the custody of the relative recommended by the relatives unless the child's parent objects to the placement or the court determines that there is good cause to reject the relatives' placement recommendation.__Relatives participating pursuant to this subsection are immune from liability arising out of the custody proceedings. For purposes of this subsection, "relative" means a__grandparent, aunt, uncle, sibling or cousin more than 18 years of age of the child.

SUMMARY

This bill amends the Child and Family Services and Child Protection Act to do the following:

1. It requires the guardian ad litem to provide a written report to the parties at least 3 days prior to the child protection proceeding and detail the time and services the guardian ad litem has provided on behalf of the child. Failure of the guardian ad litem to comply requires the court to ignore the recommendations of the guardian ad litem;

2. It allows the court to dismiss a guardian ad litem who fails to comply with the guardian ad litem standards and rules adopted by the Maine Supreme Judicial Court;

3. It allows long-term foster parents to intervene in any proceeding where parental rights have been terminated;

4. It changes the confidentiality of proceedings by requiring them to be public, except when the court for good reason determines that the record and proceedings are closed;

5. It affects the services provided by the Department of Human Services by requiring the department to provide services to the child regardless of whether the department has custody of the child and requires the department to continue services even if the child fails to participate in the department's permanency plan; and

6. It authorizes the court or guardian ad litem to hold a conference of the relatives of the child and allows the relatives to determine the placement of the child, unless the parent objects or the court determines that there is good cause to ignore the recommendation of the relatives. A relative who participates in the conference is granted civil immunity.