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B.__State that the finding was based on the specific facts and | circumstances relating to the child; and |
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| C.__Explicitly document the basis for the finding. |
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| | Sec. 2. 22 MRSA §4038, sub-§1-A, ¶A, as enacted by PL 1987, c. 269, §2, | is amended to read: |
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| A. When custody has been granted to a person other than a | parent or the department; or |
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| | Sec. 3. 22 MRSA §4038, sub-§1-A, ¶B, as amended by PL 1997, c. 475, §3, | is further amended to read: |
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| B. When custody has been granted to a parent who did not | have custody at the time the child protection petition was | filed;. |
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| | Sec. 4. 22 MRSA §4038, sub-§1-A, ¶C, as amended by PL 1997, c. 475, §3, | is repealed. |
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| | Sec. 5. 22 MRSA §4038, sub-§1-A, ¶D, as enacted by PL 1997, c. 475, §4, | is repealed. |
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| | Sec. 6. 22 MRSA §4038, sub-§5, as enacted by PL 1985, c. 739, §14, is | amended to read: |
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| | 5. Hearing. The court shall hear evidence and shall consider | the original reason for the adjudication and disposition under | sections 4035 and 4036, the events that have occurred since then | and the efforts of the parties as set forth under section 4041 | and shall consider the effect of a change in custody on the | child. After hearing, the court shall make written findings that | determine: |
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| A.__The safety of the child in the child's placement; |
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| B.__The continuing necessity for and appropriateness of the | child's placement; |
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| C.__The effect of a change in custody on the child; |
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| D.__The extent of the parties' compliance with the case plan | and the extent of progress that has been made toward | alleviating or mitigating the causes necessitating placement | in foster care; |
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