Maine § 22 §3948 Placement of Indian children

Maine Statutes

§ 22 §3948 — Placement of Indian children

Maine § 22 §3948

Title 22HEALTH AND WELFARE

Part 3CHILDREN

Ch. 1066MAINE INDIAN CHILD WELFARE ACT

This text of Maine § 22 §3948 (Placement of Indian children) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 22, § 22 §3948 (2026).

Text

1.Adoptive placements; preferences. In an adoptive placement of an Indian child under the laws of this State, placement preference must be given, in the absence of good cause to the contrary, in descending order, as listed below:

2.Foster care or preadoptive placements; criteria; preferences. An Indian child accepted for foster care placement or preadoptive placement must be placed in the least restrictive setting that most approximates a family and in which that Indian child's special needs, if any, may be met. The Indian child must also be placed within reasonable proximity to that Indian child's home, taking into account any special needs of the child. In any foster care placement or preadoptive placement, placement preference must be given, in the absence of good cause to the contrar

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1.
Adoptive placements; preferences.
In an adoptive placement of an Indian child under the laws of this State, placement preference must be given, in the absence of good cause to the contrary, in descending order, as listed below:
2.
Foster care or preadoptive placements; criteria; preferences.
An Indian child accepted for foster care placement or preadoptive placement must be placed in the least restrictive setting that most approximates a family and in which that Indian child's special needs, if any, may be met. The Indian child must also be placed within reasonable proximity to that Indian child's home, taking into account any special needs of the child. In any foster care placement or preadoptive placement, placement preference must be given, in the absence of good cause to the contrary, in descending order, as listed below:
3.
Good cause to deviate from placement preferences.
The party seeking departure from the placement preferences under this section bears the burden of proving by clear and convincing evidence that there is good cause to depart from the placement preferences. A court's determination of good cause to depart from the placement preferences must be made on the record or in writing and may be based on one or more of the following considerations:
4.
Tribal resolution for different order of preference; personal preference considered; anonymity in application of preferences.
In the case of a placement under subsection 1 or 2, if the Indian child's tribe establishes a different order of preference by resolution, the agency or court effecting the placement shall follow that order as long as the placement is the least restrictive setting appropriate to the particular needs of the Indian child, as provided in subsection 2. When appropriate, the preference of the Indian child or parent must be considered. When a consenting parent evidences a desire for anonymity, the court or agency must give weight to such desire in applying the preferences.
5.
Social and cultural standards applicable.
The standards to be applied in meeting the preference requirements of this section must be the prevailing social and cultural standards of the Indian community in which the parent or extended family resides or with which the parent or extended family members maintain social and cultural ties.
6.
Record of placement; availability.
A record of each placement under this section of an Indian child must be maintained by the State, including evidence of the efforts made to comply with the order of preference specified in this section. The record must be made available at any time upon the request of the United States Secretary of the Interior or the Indian child's tribe.