CHAPTER 372

S.P. 481 - L.D. 1382

An Act To Establish Permanent Subsidized Guardianship

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

Sec. 1. 18-A MRSA §5-201, as enacted by PL 1979, c. 540, §1, is amended to read:

§5-201. Status of guardian of minor; general

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.__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.

Sec. 2. 22 MRSA §4002, sub-§7-A, as amended by PL 1987, c. 769, Pt. A, §77, is repealed.

Sec. 3. 22 MRSA §4036-B, sub-§5, as enacted by PL 2003, c. 408, §1, is amended to read:

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.