Sec. 5. 22 MRSA §4003, sub-§6 is enacted to read:

6.__Priorities of department.__Require that the priorities of the department are the preservation of the family first, the placement of the child with the closest appropriate next of kin second and placement of the child in foster care only as a last resort.

Sec. 6. 22 MRSA §4008, sub-§1, as enacted by PL 1979, c. 733, §18, is amended to read:

1. Confidentiality of records. All Any department records which contain personally identifying information and are record created or obtained in connection with the department's child protective activities and activities related to a child while in the care or custody of the department are confidential and subject to release only under the conditions of subsections 2 and 3 is open to the public except in cases when a court determines that the record should be sealed due to explicit sexual content. Within the department, the records shall be available only to and used by appropriate departmental personnel and legal counsel for the department in carrying out their functions.

Sec. 7. 22 MRSA §4008, sub-§2, as amended by PL 2001, c. 696, §17, is repealed.

Sec. 8. 22 MRSA §4008, sub-§3, as amended by PL 2003, c. 673, Pt. Z, §§2 to 4, is repealed.

Sec. 9. 22 MRSA §4008, sub-§6, ¶¶A and B, as enacted by PL 2003, c. 673, Pt. W, §1, are amended to read:

A. The department may charge fees for the services listed in paragraph B to any person except the following:

(1) A parent in a child protection proceeding, an attorney who represents a parent in a child protection proceeding or a guardian ad litem in a child protection proceeding when the parent, attorney or guardian ad litem requests the service for the purposes of the child protection proceeding;

(2) An adoptive parent or prospective adoptive parent who requests records relating to the child who has been or might be adopted;