| | | 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 amended by PL 2001, c. 546, §1, | | is further amended to read: |
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| | | (a-1) Upon the filing of a petition for adoption 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 and shall | | forward the fingerprints to the State Bureau |
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