| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 18-A MRSA §9-304, sub-§(a-1), as corrected by RR 2001, c. 1, | §21, is amended to read: |
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| | (a-1) Upon the filing of a petition for adoption and prior to | placement 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. |
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| (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. |
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| (i) If the court has a report that provides | sufficient, current information, the court may waive | the requirement of a study and report. |
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| (ii) If the petitioner is a blood relative of the | child, the court may waive the requirement of a study | and report. |
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| (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 | criminal history record information obtained from the Maine | Criminal Justice Information System and the Federal Bureau | of Investigation. |
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| (i) The criminal history record information obtained | from the Maine Criminal Justice Information System must | include a record of Maine conviction data. |
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| (ii) The criminal history record information obtained | from the Federal Bureau of Investigation must include | other state and national criminal history record | information. |
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| (iii) Each prospective parent who is not the biological parent | of the child shall submit to having fingerprints taken. The | State Police, upon receipt of the fingerprint card, may charge | the court for the expenses incurred in processing state and | national criminal history record checks. The State Police shall | take or cause to be taken the applicant's fingerprints |
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