| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 4 MRSA §18-C is enacted to read: |
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| | | §18-C.__Information for parents in child protective cases |
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| | | 1.__Program.__By January 1, 2003, the State Court | | Administrator, in consultation with appropriate interested | | parties, shall establish a program to provide information about | | child protection laws and procedures to parents whose children | | are the subject of child protective investigations and cases | | under Title 22, chapter 1071.__The providing of the information | | under this program does not constitute representation of parents.__ | | Parents may seek and receive information regardless of whether | | they are represented by legal counsel.__The information must be | | provided free of charge to parents. |
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| | | 2.__Provider.__The State Court Administrator shall enter into | | a contract with one or more private providers, not associated | | with the Department of Human Services, to operate the program | | under subsection 1. |
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| | | 3.__Report.__The State Court Administrator shall report | | annually to the joint standing committee of the Legislature | | having jurisdiction over judiciary matters, starting February 1, | | 2003, on the program required by this section. |
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| | | 4.__No new rights or obligations.__This section does not | | create new rights or obligations concerning the provision of | | legal advice or representation of parents.__Failure to provide | | information under this section does not create a cause of action | | or have any effect on a child protective proceeding. |
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| | | Sec. 2. 15 MRSA §3203-A, sub-§5, ¶D is enacted to read: |
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| | | D.__When a court orders detention or a conditional release | | that authorizes, even temporarily, the juvenile's removal | | from the juvenile's home, the court shall determine whether | | reasonable efforts have been made to prevent or eliminate | | the need for removal of the juvenile from the juvenile's | | home or that no reasonable efforts are necessary because of | | the existence of an aggravating factor as defined in Title | | 22, section 4002, subsection 1-B, and whether continuation | | in the juvenile's home would be contrary to the welfare of | | the juvenile.__This determination does not affect whether | | the court orders detention or a conditional release, which | | continues to be governed by the other provisions of this | | section. |
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