22 §4001. Title
§4001. Title This chapter may be cited as the “Child and Family Services and Child Protection Act.” [PL 1979, c. 733, §18 (NEW).] SECTION HISTORY PL 1979, c. 733, §18 (NEW).
22 §4002. Definitions
§4002. Definitions As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [PL 1979, c. 733, §18 (NEW).] 1. Abuse or neglect. “Abuse or neglect” means a threat to a child’s health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation including […]
22 §4003. Purposes
§4003. Purposes Recognizing that the health and safety of children must be of paramount concern and that the right to family integrity is limited by the right of children to be protected from abuse and neglect and recognizing also that uncertainty and instability are possible in extended foster home or institutional living, it is the […]
22 §4004-A. Voluntary agreements
§4004-A. Voluntary agreements 1. Agreement authorized. If the following conditions are met, the department and a custodian may enter into a mutual agreement in which the custodian retains custody of the child and the department agrees to provide services to the child. A. The department finds that staying in the custodian’s home would be […]
22 §4004-B. Infants born affected by substance use disorder or after prenatal exposure to drugs or with a fetal alcohol spectrum disorder
§4004-B. Infants born affected by substance use disorder or after prenatal exposure to drugs or with a fetal alcohol spectrum disorder The department shall act to protect infants born identified as being affected by substance use or withdrawal symptoms resulting from prenatal drug exposure, whether the prenatal exposure was to legal or illegal drugs, or […]
22 §4004. Authorizations
§4004. Authorizations 1. General. The department may take appropriate action, consistent with available funding, that will help prevent child abuse and neglect and achieve the goals of section 4003 and subchapter XI‑A, including: A. Developing and providing services which: (1) Support and reinforce parental care of children; (2) Supplement that care; and […]
22 §4005-A. Foster parents right to standing and intervenor status in child protection proceedings (REPEALED)
§4005-A. Foster parents right to standing and intervenor status in child protection proceedings (REPEALED) SECTION HISTORY PL 1985, c. 424 (NEW). PL 1991, c. 176, §1 (AMD). PL 1997, c. 343, §1 (AMD). PL 2001, c. 696, §13 (RP).
22 §4005-B. Grandparent’s right to standing and intervenor status in child protection proceedings (REPEALED)
§4005-B. Grandparent’s right to standing and intervenor status in child protection proceedings (REPEALED) SECTION HISTORY PL 1993, c. 697, §1 (NEW). PL 1995, c. 290, §§3,4 (AMD). PL 1995, c. 694, §D36 (AMD). PL 1995, c. 694, §E2 (AFF). PL 2001, c. 58, §1 (AMD). PL 2001, c. 696, §14 (RP).
22 §4005-C. Rights of persons who are not parties (REPEALED)
§4005-C. Rights of persons who are not parties (REPEALED) SECTION HISTORY PL 1997, c. 715, §B5 (NEW). PL 1999, c. 189, §1 (AMD). PL 1999, c. 675, §1 (AMD). PL 2001, c. 696, §15 (RP).
22 §4005-D. Access to and participating in proceedings
§4005-D. Access to and participating in proceedings 1. Definitions. For the purposes of this section, unless the context otherwise indicates, the following terms have the following meanings. A. “Foster parent” means a person whose home is licensed by the department as a family foster home as defined in section 8101, subsection 3 and with […]
22 §4005-E. Relatives; visitation and access; placement (REPEALED)
§4005-E. Relatives; visitation and access; placement (REPEALED) SECTION HISTORY PL 2001, c. 696, §16 (NEW). PL 2005, c. 366, §6 (AMD). PL 2007, c. 371, §2 (AMD). PL 2007, c. 513, §5 (AMD). PL 2017, c. 402, Pt. C, §59 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2017, c. 411, §10 (RP).
22 §4005-F. Determinations of parentage
§4005-F. Determinations of parentage As part of a child protection proceeding, the District Court may determine parentage of the child. Title 19‑A, chapter 61 applies to determinations of parentage in a child protection proceeding. [PL 2015, c. 296, Pt. C, §27 (AMD); PL 2015, c. 296, Pt. D, §1 (AFF).] This section may not […]
22 §4005-G. Department responsibilities regarding kinship and sibling placement
§4005-G. Department responsibilities regarding kinship and sibling placement 1. Kinship preference. Except as provided in subsections 3, 5 and 6, in the residential placement of a child, the department shall give preference to an adult relative over a nonrelated caregiver when determining placement for a child, as long as the adult relative meets all relevant […]
22 §4005-H. Relatives; visitation or access; placement by court
§4005-H. Relatives; visitation or access; placement by court 1. Grandparent visitation or access. A grandparent who is designated as an interested person or a participant under section 4005‑D or who has been granted intervenor status under the Maine Rules of Civil Procedure, Rule 24 may request the court to grant reasonable rights of visitation or […]
22 §4005. Parties’ rights to representation; legal counsel
§4005. Parties’ rights to representation; legal counsel 1. Child; guardian ad litem. The following provisions shall govern guardians ad litem. The term guardian ad litem is inclusive of lay court appointed special advocates under Title 4, chapter 31. A. The court, in every child protection proceeding except a request for a preliminary protection order […]
22 §4006. Appeals
§4006. Appeals A party aggrieved by an order of a court entered pursuant to section 4035, 4054 or 4071 may appeal directly to the Supreme Judicial Court sitting as the Law Court and such appeals are governed by the Maine Rules of Civil Procedure, chapter 9. [PL 1997, c. 715, Pt. A, §3 (RPR).] […]
22 §4007. Conducting proceedings
§4007. Conducting proceedings 1. Procedures. All child protection proceedings shall be conducted according to the rules of civil procedure and the rules of evidence, except as provided otherwise in this chapter. All the proceedings shall be recorded. All proceedings and records shall be closed to the public, unless the court orders otherwise. [PL 1985, […]
22 §4008-A. Child abuse and neglect investigations; disclosure
§4008-A. Child abuse and neglect investigations; disclosure 1. Disclosure permitted. Notwithstanding any other provision of law, the commissioner, with the advice of the Attorney General, may disclose information as set forth in this section regarding the abuse or neglect of a child and the investigation of and any services related to the abuse and neglect […]
22 §4008. Records; confidentiality; disclosure
§4008. Records; confidentiality; disclosure (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) 1. Confidentiality of records and information. All department records that contain personally identifying information and are created or obtained in connection with the department’s child protective activities and activities related to a child while in the care or custody of the department, and all information […]
22 §4009. Penalty for violations
§4009. Penalty for violations A person who knowingly violates a provision of this chapter commits a civil violation for which a forfeiture of not more than $500 may be adjudged. [PL 1979, c. 733, §18 (NEW).] SECTION HISTORY PL 1979, c. 733, §18 (NEW).