| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 18-A MRSA §5-201, as enacted by PL 1979, c. 540, §1, is | | amended to read: |
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| | | §5-201. Status of guardian of minor; general |
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| | | A person becomes a guardian of a minor by acceptance of a | | testamentary appointment or upon appointment by the court. The | | guardianship status continues until terminated, without regard to | | the location from time to time of the guardian and minor ward. | | This section does not apply to permanency guardians appointed in | | District Court child protective proceedings under Title 22, | | section 4038-C.__If a minor has a permanency guardian, the court | | may not appoint another guardian without leave of the District | | Court in which the child protective proceeding is pending. |
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| | | Sec. 2. 22 MRSA §4002, sub-§7-A, as amended by PL 1987, c. 769, Pt. A, | | §77, is repealed. |
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| | | Sec. 3. 22 MRSA §4036-B, sub-§5, as enacted by PL 2003, c. 408, §1, is | | amended to read: |
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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 4038-B, the court shall | | make a finding whether or not the department has made reasonable | | efforts to finalize the permanency plan. |
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| | | Sec. 4. 22 MRSA §4038, sub-§7-A, as amended PL 2001, c. 696, §32, is | | repealed. |
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| | | Sec. 5. 22 MRSA §4038-A, as amended by PL 1995, c. 694, Pt. D, §45 | | and affected by Pt. E, §2, is further amended to read: |
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| | | §4038-A. Transfer to District Court |
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| | | If a case is transferred to the District Court pursuant to | | Title 18-A, section 9-205, the court shall conduct a hearing and | | enter a dispositional order using the same standards as set forth | | in section 4036. The court after the hearing and entering of a | | dispositional order shall conduct reviews in accordance with | | section 4038 and permanency planning hearings in accordance with | | section 4038-B. |
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| | | Sec. 6. 22 MRSA §§4038-B to 4038-D are enacted to read: |
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| | | §4038-B.__Permanency plans |
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