(3) Cared for by a permanency guardian, as provided in section 4038-C or a guardian appointed by the Probate Court pursuant to Title 18-A, sections 5-206 and 5-207;

(4) Placed with a fit and willing relative; or

(5) Placed in another planned permanent living arrangement.__The District Court may adopt another planned permanent living arrangement as the permanency plan for the child only after the department has documented to the court a compelling reason for determining that it would not be in the best interests of the child to be returned home, be referred for termination of parental rights or be placed for adoption, be cared for by a permanency guardian or be placed with a fit and willing relative.

B.__In the case of a child placed outside the state in which the parents of the child live, the permanency plan must determine whether the out-of-state placement continues to be appropriate and in the best interests of the child.

C.__In the case of a child who is 16 years of age or older, the permanency plan must determine the services needed to assist the child to make the transition from foster care to independent living.

5.__Wishes of child 12 years of age or older.__The District Court shall consider, but is not bound by, the wishes of a child in making a determination under this section if the child is 12 years of age or older.

§4038-C.__Permanency guardian

As part of the permanency plan under section 4038-B, the District Court may appoint a person or persons as guardian of a minor, to be known as a permanency guardian.__"Permanency guardian," when used in this section and in section 4038-D, means the person or persons appointed as the permanency guardian.

1.__Powers and duties of permanency guardian.__A permanency guardian has all of the powers and duties of a guardian of a minor pursuant to Title 18-A, section 5-209.

2.__Limitations on powers and duties of permanency guardian.__ When it is in a child's best interests, the District