An Act To Provide for Judicial Review in Compliance with the Federal Legislation Known as the Family First Prevention Services Act
Sec. 1. 22 MRSA §4002, sub-§6-B is enacted to read:
Sec. 2. 22 MRSA §4002, sub-§6-C is enacted to read:
(1) On site according to the treatment model used pursuant to paragraph A and during business hours; and
(2) Available 7 days a week on a 24-hour basis;
Sec. 3. 22 MRSA §4038, sub-§8 is enacted to read:
(1) Review a needs assessment of the child conducted by a qualified professional;
(2) Consider whether the needs of the child can be met through an alternative placement in a family foster home as defined in section 8101, subsection 3;
(3) Consider whether the placement of the child in a qualified residential treatment program provides effective and appropriate care for the child in the least restrictive environment; and
(4) Consider whether placement of the child in a qualified residential treatment program is consistent with the short-term and long-term goals for the child as specified in the permanency plan of the child protection case pursuant to section 4038-B.
Sec. 4. 22 MRSA §4038, sub-§9 is enacted to read:
(1) Determine whether an ongoing needs assessment of the child, as prepared by qualified professionals, supports continued placement of the child in the qualified residential treatment program;
(2) Determine whether the documentation about the child regarding the child's placement in the qualified residential treatment program supports the conclusion that it is an effective and appropriate level of care for the child in the least restrictive environment; and
(3) Determine whether the documentation about the child supports the conclusion that continued placement in the qualified residential treatment program is consistent with the short-term and long-term goals for the child as specified in the permanency plan of the child protection case pursuant to section 4038-B.
SUMMARY
In order to claim federal reimbursement for the cost of a child's placement in a residential care facility under the federal legislation known as the Family First Prevention Services Act, this bill adds definitions to the Child and Family Services and Child Protection Act and creates a statutory requirement for a court hearing within 60 days of a child's placement in a qualified residential treatment program within a residential care facility. Additionally, this bill ensures that regular reviews of a child's placement in a qualified residential treatment program are conducted by the court.