| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 22 MRSA §4036-B is enacted to read: |
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| | | §4036-B.__Removal of child from home |
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| | | 1.__Application.__The provisions of this section apply in any | | case in which the court orders, or has ordered, the removal of a | | child from home. |
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| | | 2.__Welfare of child.__Before a court may order removal of a | | child from home, the court must specifically find that remaining | | in the home is contrary to the welfare of the child. |
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| | | 3.__Reasonable efforts to prevent removal.__The department | | shall make reasonable efforts to prevent removal of the child | | from home, unless the court finds immediate risk of serious harm.__ | | In an order providing for removal of the child from home, or | | within 60 days of the date of removal of the child from home, the | | court shall make a finding: |
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| | | A.__Whether or not the department has made reasonable | | efforts to prevent the removal of the child from home; and |
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| | | B.__If the court finds that the department did not make | | reasonable efforts to prevent the removal of the child from | | home, whether or not there is an immediate risk of serious | | harm. |
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| | | 4.__Reasonable efforts to reunify.__The department shall make | | reasonable efforts to rehabilitate and reunify the family as | | provided in section 4041, subsection 1-A unless the court has | | ordered that the department need not commence or may cease | | reunification pursuant to section 4041, subsection 2.__In the | | jeopardy order pursuant to section 4035 and in each judicial | | review order pursuant to section 4038, the court shall make a | | finding whether or not the department has made reasonable efforts | | to rehabilitate and reunify the family. |
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| | | 5.__Reasonable efforts to finalize permanency plan.__The | | department shall make reasonable efforts to finalize the | | permanency plan.__In each order determining a permanency plan | | pursuant to section 4038, subsection 7-A, the court shall make a | | finding whether or not the department has made reasonable efforts | | to finalize the permanency plan. |
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| | | 6.__Requirements for findings.__A court order making any | | finding required by this section must: |
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