CHAPTER 52
H.P. 815 - L.D. 1070
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 18-A MRSA §9-301, as amended by PL 1997, c. 18, §3 and affected by §6, is further amended to read:
§9-301. Petition for adoption and change of name; filing fee
A husband and wife jointly or an unmarried person, resident or nonresident of the State, may petition the Probate Court to adopt a person, regardless of age, and to change that person's name. The fee for filing the petition is $50. plus:
(a) The fee for a national criminal history record check for noncriminal justice purposes set by the Federal Bureau of Investigation for each prospective adoptive parent who is not the biological parent of the child; and
(b) The fee for a state criminal history record check for noncriminal justice purposes established pursuant to Title 25, section 1541, subsection 6 for each prospective adoptive parent who is not the biological parent of the child.
Sec. 2. 18-A MRSA §9-304, sub-§(a), as amended by PL 1997, c. 239, §5 and affected by §6, is repealed.
Sec. 3. 18-A MRSA §9-304, sub-§(a-1) is enacted to read:
(a-1) Upon the filing of a petition for adoption of a minor child, the court shall request a background check and shall direct the department or a licensed child-placing agency to conduct a study and make a report to the court.
(1) The study must include an investigation of the conditions and antecedents of the child to determine whether the child is a proper subject for adoption and whether the proposed home is suitable for the child. The department or li-censed child-placing agency shall submit the report to the court within 60 days.
(i) If the court has a report that provides sufficient, current information, the court may waive the requirement of a study and report.
(ii) If the petitioner is a blood relative of the child, the court may waive the requirement of a study and report.
(2) The court shall request a background check for each prospective adoptive parent who is not the biological parent of the child. The background check must include a screening for child abuse cases in the records of the department and criminal history record information obtained from the Maine Criminal Justice Information System and the Federal Bureau of Investigation.
(i) The criminal history record information obtained from the Maine Criminal Justice Information System must include a record of Maine conviction data.
(ii) The criminal history record information obtained from the Federal Bureau of Investigation must include other state and national criminal history record information.
(iii) Each prospective parent who is not the biological parent of the child shall submit to having fingerprints taken. The State Police, upon receipt of the fingerprint card, may charge the court for the expenses incurred in processing state and national criminal history record checks. The State Police shall take or cause to be taken the applicant's fingerprints and shall forward the fingerprints to the State Bureau of Identification so that the bureau can conduct state and national criminal history record checks. Except for the portion of the payment, if any, that constitutes the processing fee charged by the Federal Bureau of Investigation, all money received by the State Police for purposes of this paragraph must be paid over to the Treasurer of State. The money must be applied to the expenses of administration incurred by the Department of Public Safety.
(iv) The subject of a Federal Bureau of Investigation criminal history record check may obtain a copy of the criminal history record check by following the procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of a state criminal history record check may inspect and review the criminal history record information pursuant to Title 16, section 620.
(v) State and federal criminal history record information may be used by the court for the purpose of screening prospective adoptive parents in determining whether the adoption is in the best interests of the child.
(vi) Information obtained pursuant to this paragraph is confidential. The results of background checks received by the court are for official use only and may not be disseminated outside the court except as required under Title 22, section 4011.
(vii) The expense of obtaining the information required by this paragraph is incorporated in the adoption filing fee established in section 9-301. The Probate Court shall collect the total fee and transfer the appropriate funds to the Department of Public Safety and the department.
This subsection does not authorize the court to request a background check for the biological parent who is also the current legal parent of the child.
Sec. 4. 25 MRSA §1542-A, sub-§1, ¶G, as amended by PL 1999, c. 260, Pt. B, §7 and affected by §18, is further amended to read:
G. Who is a teacher or educational personnel applicant subject to Title 20-A, section 6103; or
Sec. 5. 25 MRSA §1542-A, sub-§1, ¶H, as enacted by PL 1999, c. 260, Pt. B, §8 and affected by §18, is amended to read:
H. Charged with the commission of a juvenile crime.;or
Sec. 6. 25 MRSA §1542-A, sub-§1, ¶I is enacted to read:
I. Who is a prospective adoptive parent not the biological parent as required under Title 18-A, section 9-304, subsection (a-1).
Sec. 7. 25 MRSA §1542-A, sub-§3, ¶H is enacted to read:
H. The State Police shall take or cause to be taken the fingerprints of the person named in subsection 1, paragraph I, at the request of that person and upon payment of the expenses specified under Title 18-A, section 9-304, subsection (a-1), paragraph (2), subparagraph (iii).
Sec. 8. 25 MRSA §1542-A, sub-§4, as amended by PL 1999, c. 791, §7, is further amended to read:
4. Duty to submit to State Bureau of Identification. It is the duty of the law enforcement agency taking the fingerprints as required by subsection 3, paragraphs A, B and G to transmit immediately to the State Bureau of Identification the criminal fingerprint record. Fingerprints taken pursuant to subsection 1, paragraph C, D, E or F or pursuant to subsection 5 may not be submitted to the State Bureau of Identification unless an express request is made by the commanding officer of the State Bureau of Identification. Fingerprints taken pursuant to subsection 1, paragraph G must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the Department of Education. The bureau may not use the fingerprints for any purpose other than that provided for under Title 20-A, section 6103. The bureau shall retain the fingerprints, except as provided under Title 20-A, section 6103, subsection 9. Fingerprints taken pursuant to subsection 1, paragraph I must be transmitted immediately to the State Bureau of Identification to enable the bureau to conduct state and national criminal history record checks for the court.
Sec. 9. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Act.
2001-02 2002-03
PUBLIC SAFETY, DEPARTMENT OF
State Police
All Other $21,600 $28,800
Allocates funds to conduct background checks for prospective adoptive parents.
Effective September 21, 2001, unless otherwise indicated.
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