|
| Sec. 4. 22 MRSA §4038, sub-§7-A, as amended by PL 2001, c. 696, §32, is | repealed. |
|
| | 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: |
|
| §4038-A. Transfer to District Court |
|
| | 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. |
|
| | Sec. 6. 22 MRSA §§4038-B to 4038-D are enacted to read: |
|
| §4038-B.__Permanency plans |
|
| | 1.__Mandated permanency planning hearing.__Unless subsequent | judicial reviews are not required pursuant to section 4038, | subsection 1-A, the District Court shall conduct a permanency | planning hearing and shall determine a permanency plan within the | earlier of: |
|
| A.__Thirty days after a court order to cease reunification; | and |
|
| B.__Twelve months after the time a child is considered to | have entered foster care.__A child is considered to have | entered foster care on the date of the first judicial | finding that the child has been subjected to child abuse or | neglect or on the 60th day after removal of the child from | home, whichever occurs first. |
|
| | 2.__Subsequent permanency planning hearings.__Unless | subsequent judicial reviews are not required pursuant to section | 4038, subsection 1-A, the District Court shall conduct a | permanency planning hearing within 12 months of the date of any | prior permanency planning order. |
|
| | 3.__Permanency planning orders.__After each permanency | planning hearing, the District Court shall adopt a permanency | plan for a child that complies with subsection 4.__The court |
|
| shall enter the order within the time limitations contained in | subsection 1 or 2, whichever is applicable to the permanency | planning hearing. |
|
|