LD 1701
pg. 2
Page 1 of 2 An Act to Clarify Parental Rights and Responsibilities When Children are Placed... LD 1701 Title Page
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LR 801
Item 1

 
The Department of Human Services shall provide for the care
and placement of the juvenile as for other children in the
department's custody pursuant to the Child and Family Services
and Child Protection Act, Title 22, chapter 1071, subchapter
VII.

 
The court may impose conditions that may include
participation by the juvenile, the juvenile's parents, or
legal guardian in treatment services aimed at the
rehabilitation and reunification of the juvenile and the
parents and reunification of the family.

 
Sec. 3. 15 MRSA §3315, sub-§1, as amended by PL 1997, c. 752, §24, is
further amended to read:

 
1. Right to review. Every disposition pursuant to section
3314, other than unconditional discharge, must be reviewed not
less than once in every 12 months until the juvenile is
discharged. The review must be made by a representative of the
Department of Corrections unless the juvenile was committed to
the Department of Human Services, in which case such review must
be made by a representative of the Department of Human Services.
A report of the review must be made in writing to the juvenile's
parents, guardian or legal custodian. A copy of the report must
be forwarded to the program or programs that were reviewed, and
the department whose personnel made the review shall retain a
copy of the report in their files. The written report must be
prepared in accordance with subsection 2.

 
When a juvenile is placed in foster care, reviews and permanency
planning hearings must be conducted in accordance with Title 22,
section 4038.__The provisions of sections 4005, 4039, 4041 and
chapter 1071, subchapter VI also apply in any such hearing.

 
Sec. 4. 15 MRSA §3315-A is enacted to read:

 
§3315-A.__Termination of parental rights

 
Whenever a juvenile has been in foster care for 15 of the most
recent 22 months, Title 22, chapter 1071, subchapter VI applies.

 
Sec. 5. 22 MRSA §4055, sub-§1, ķA, as amended by PL 1995, c. 694, Pt.
D, §48 and affected by Pt. E, §2, is further amended to read:

 
A. One of the following conditions has been met:

 
(1) Custody has been removed from the parent under:

 
(a) Section 4035 or 4038;

 
(b) Title 19-A, section 1502 or 1653; or

 
(c) Section 3792 prior to the effective date of this
chapter; or

 
(d)__Title 15, section 3314, subsection 1,
paragraph C-1; or

 
(2) The petition has been filed as part of an adoption
proceeding in Title 18-A, article IX; and

 
SUMMARY

 
This bill allows the court to order parents to participate in
services when a child has come into Department of Human Services
custody as a result of court proceedings governed by the juvenile
code. The bill also brings the department into compliance with
federal law.


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