LD 2149
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LD 2149 Title Page An Act to Implement the Recommendations of the Committee to Review the Child Pr... Page 2 of 2
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LR 3473
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 4 MRSA §18-C is enacted to read:

 
§18-C.__Information for parents in child protective cases

 
1.__Program.__By January 1, 2003, the State Court
Administrator, in consultation with appropriate interested
parties, shall establish a program to provide information about
child protection laws and procedures to parents whose children
are the subject of child protective investigations and cases
under Title 22, chapter 1071.__The providing of the information
under this program does not constitute representation of parents.__
Parents may seek and receive information regardless of whether
they are represented by legal counsel.__The information must be
provided free of charge to parents.

 
2.__Provider.__The State Court Administrator shall enter into
a contract with one or more private providers, not associated
with the Department of Human Services, to operate the program
under subsection 1.

 
3.__Report.__The State Court Administrator shall report
annually to the joint standing committee of the Legislature
having jurisdiction over judiciary matters, starting February 1,
2003, on the program required by this section.

 
4.__No new rights or obligations.__This section does not
create new rights or obligations concerning the provision of
legal advice or representation of parents.__Failure to provide
information under this section does not create a cause of action
or have any effect on a child protective proceeding.

 
Sec. 2. 15 MRSA §3203-A, sub-§5, ¶D is enacted to read:

 
D.__When a court orders detention or a conditional release
that authorizes, even temporarily, the juvenile's removal
from the juvenile's home, the court shall determine whether
reasonable efforts have been made to prevent or eliminate
the need for removal of the juvenile from the juvenile's
home or that no reasonable efforts are necessary because of
the existence of an aggravating factor as defined in Title
22, section 4002, subsection 1-B, and whether continuation
in the juvenile's home would be contrary to the welfare of
the juvenile.__This determination does not affect whether
the court orders detention or a conditional release, which
continues to be governed by the other provisions of this
section.


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