Maine § 22 §4038 Mandated review; review on motion

Maine Statutes

§ 22 §4038 — Mandated review; review on motion

Maine·Title 22 HEALTH AND WELFARE·Part 3 CHILDREN·Ch. 1071 CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT

1.Mandated review. If a court has made a jeopardy order, it shall review the case at least once every 6 months, unless the child has been emancipated or adopted. 1-A. No mandated review. Notwithstanding subsection 1, no subsequent judicial review is required unless petitioned for by any party or unless specifically ordered by the court:

2.Review on motion. The court, the child's parent, custodian or guardian ad litem or a party to the proceeding, except a parent whose rights have been terminated under subchapter VI, may move for judicial review. The moving party shall have the burden of going forward.

3.Notice of review. Notice of the reviews must be given to all parties to the initial proceeding according to District Court Civil Rule 4. Notice may not be given to a parent whose rights

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1.
Mandated review.
If a court has made a jeopardy order, it shall review the case at least once every 6 months, unless the child has been emancipated or adopted.
1-A.
No mandated review.
Notwithstanding subsection 1, no subsequent judicial review is required unless petitioned for by any party or unless specifically ordered by the court:
2.
Review on motion.
The court, the child's parent, custodian or guardian ad litem or a party to the proceeding, except a parent whose rights have been terminated under subchapter VI, may move for judicial review. The moving party shall have the burden of going forward.
3.
Notice of review.
Notice of the reviews must be given to all parties to the initial proceeding according to District Court Civil Rule 4. Notice may not be given to a parent whose rights have been terminated under subchapter 6. The department shall provide written notice of all reviews and hearings in advance of the proceeding to the foster parent, preadoptive parent and relative providing care and to the child if the child is 14 years of age or older. The notice must be dated and signed, must include a statement that the foster parent, preadoptive parent and relative providing care and the child if the child is 14 years of age or older are entitled to notice of and an opportunity to be heard in any review or hearing held with respect to the child and must contain the following language:"The right to be heard includes only the right to testify and does not include the right to present other witnesses or evidence, to attend any other portion of the review or hearing or to have access to pleadings or records."
3-A.
Prehearing conference.
The court may convene a prehearing conference to clarify the disputed issues and review the possibility of settlement.
4.
Disposition.
5.
Hearing.
The court shall hear evidence and shall consider the original reason for the adjudication and disposition under sections 4035 and 4036, the events that have occurred since then and the efforts of the parties as set forth under section 4041. After hearing or by agreement, the court shall make written findings that determine:
6.
Disposition.
The court may make any further order, based on a preponderance of evidence, that is authorized under section 4036.
7.
Review of child in custody of the department.
7-A.
Permanency planning hearing.
8.
Placement in qualified residential treatment program; hearing within 60 days.
The court shall conduct a hearing to review the status of a child placed in a qualified residential treatment program and determine the appropriateness of the placement within 60 days after the child enters the program.
9.
Continued placement in qualified residential treatment program; judicial review.
At each review conducted pursuant to this section regarding a child placed in a qualified residential treatment program, the court shall make judicial findings, by a preponderance of the evidence, regarding the child's continued placement. The court shall review the status of a child placed in a qualified residential treatment program at every judicial review and permanency hearing and determine the continued appropriateness of placement in the qualified residential treatment program.
10.
Rules concerning judicial review of the placement of children in qualified residential treatment programs.
Notwithstanding any provision of law to the contrary, the Supreme Judicial Court may adopt rules of pleading, practice and procedure with respect to proceedings required by subsections 8 and 9. After the effective date of the rules as adopted or amended, all laws in conflict with the rules are of no further effect.

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Legislative History

PL 1979, c. 733, §18 (NEW). PL 1981, c. 369, §12 (AMD). PL 1983, c. 185 (RPR). PL 1985, c. 739, §§11-14 (AMD). PL 1987, c. 269, §§1,2 (AMD). PL 1989, c. 270, §§13,14 (AMD). PL 1991, c. 176, §3 (AMD). PL 1993, c. 198, §1 (AMD). PL 1997, c. 475, §§2-6 (AMD). PL 1997, c. 715, §§B7-10 (AMD). PL 2001, c. 559, §§CC2,3 (AMD). PL 2001, c. 696, §32 (AMD). PL 2003, c. 408, §§2-6 (AMD). PL 2005, c. 372, §4 (AMD). PL 2007, c. 284, §6 (AMD). PL 2021, c. 210, §§3-5 (AMD). PL 2025, c. 272, §6 (AMD).