LD 1754
pg. 1
LD 1754 Title Page An Act To Permit Background Checks on Prospective Adoptive Parents Page 2 of 3
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LR 2642
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 18-A MRSA §9-304, sub-§(a-1), as amended by PL 2001, c. 546, §1,
is further amended to read:

 
(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.

 
(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.

 
(i) If the court has a report that provides
sufficient, current information, the court may waive
the requirement of a study and report.

 
(ii) If the petitioner is a blood relative of the
child, the court may waive the requirement of a study
and report.

 
(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.

 
(i) The criminal history record information obtained
from the Maine Criminal Justice Information System must
include a record of Maine conviction data.

 
(ii) The criminal history record information obtained
from the Federal Bureau of Investigation must include
other state and national criminal history record
information.

 
(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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