APPROVED CHAPTER
JUNE 15, 2021 210
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 570 - L.D. 765
An Act To Provide for Judicial Review in Compliance with the Federal
Family First Prevention Services Act
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §4002, sub-§6-B is enacted to read:
6-B. Qualified individual. "Qualified individual" has the same meaning as in 42
United States Code, Section 675a(c)(1)(D)(i) (2020).
Sec. 2. 22 MRSA §4002, sub-§6-C is enacted to read:
6-C. Qualified residential treatment program. "Qualified residential treatment
program" means a program within a licensed children's residential care facility as defined
in section 8101, subsection 4 that provides continuous 24-hour care and supportive services
to children in a residential nonfamily home setting that:
A. Utilizes a trauma-informed treatment model that is designed to address the clinical
and other needs of children with serious emotional and behavioral disorders or
disturbances;
B. Implements a specific treatment recommended in a needs assessment completed by
a qualified individual;
C. Employs registered or licensed nursing staff and other licensed clinical staff who
are:
(1) On site according to the treatment model used pursuant to paragraph A and
during business hours; and
(2) Available 7 days a week on a 24-hour basis;
D. Appropriately facilitates outreach to family members and integrates those family
members into the treatment of children;
E. Provides discharge planning for children including 6 months of post-discharge
aftercare support;
F. Is licensed by the department in accordance with the United States Social Security
Act, Section 471(a)(10); and
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 G. Is accredited by an independent nonprofit organization approved by the department.
Sec. 3. 22 MRSA §4038, sub-§8 is enacted to read:
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.
A. At the hearing under this subsection, the court shall:
(1) Review a needs assessment of the child conducted by a qualified individual;
(2) Consider whether the needs of the child can be met through an alternative
placement in a family foster home as defined in section 8101, subsection 3;
(3) Consider whether the placement of the child in a qualified residential treatment
program provides effective and appropriate care for the child in the least restrictive
environment; and
(4) Consider whether placement of the child in a qualified residential treatment
program is consistent with the short-term and long-term goals for the child as
specified in the permanency plan of the child protection case pursuant to section
4038-B.
B. The court shall state, in writing, the reasons for its decision to approve or disapprove
under this subsection the continued placement of the child in the qualified residential
treatment program.
C. In a hearing under this subsection, records of evaluations of the child and medical,
behavioral and mental health records of the child are admissible upon showing that the
records contain information relevant to the issues before the court, as long as the
records are made available to counsel at least 10 days prior to the hearing.
Sec. 4. 22 MRSA §4038, sub-§9 is enacted to read:
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.
A. The court shall:
(1) Determine whether an ongoing needs assessment of the child, as prepared by
qualified individuals, supports continued placement of the child in the qualified
residential treatment program;
(2) Determine whether the documentation about the child regarding the child's
placement in the qualified residential treatment program supports the conclusion
that it is effective and appropriate care for the child in the least restrictive
environment; and
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 (3) Determine whether the documentation about the child supports the conclusion
that continued placement in the qualified residential treatment program is
consistent with the short-term and long-term goals for the child as specified in the
permanency plan of the child protection case pursuant to section 4038-B.
B. The court shall state, in writing, the reasons for its decision to approve or disapprove
under this subsection the continued placement of the child in the qualified residential
treatment program.
C. In a review under this subsection regarding the child's continued placement in a
qualified residential treatment program, records of evaluations of the child and
medical, behavioral and mental health records of the child are admissible upon showing
that the records contain information relevant to the issues before the court, as long as
the records are made available to counsel at least 10 days prior to the review.
Sec. 5. 22 MRSA §4038, sub-§10 is enacted to read:
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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