| 1. | DEPARTMENTS' AND PARENTS' RESPONSIBILITY FOR REHABILITATION AND REUNIFICATION |
Title 22, MRSA §4041, requires that: "When a child has been ordered into the custody of the department under this Chapter or under Title 19, §214 or §752, the responsibility for reunification and rehabilitation of the family shall be shared as follows:
| (1) | Develop a rehabilitation and reunification plan which shall include the following: |
| (a) | The reasons for the child's removal; |
| (b) | Any changes which must occur for the child to return home; |
| (c) | Rehabilitation services which must be completed satisfactorily prior to the return home; |
| (d) | Services available to assist the parents in rehabilitating and reunifying with the child, including reasonable transportation within the area in which the child is located for visits if the parents are unable to afford that transportation; |
| (e) | A schedule of visits between the child and the parents when visits are not detrimental to the child's best interest, including any special conditions under which the visits shall take place; |
| (f) | A reasonable time schedule for proposed reunification which is reasonably calculated to meet the child's needs; and |
| (g) | A delineation of the financial responsibilities of the parents and the department during the reunification process. |
| (2) | Provide the parents with prompt written notice of the following, unless that notice would be detrimental to the best interests of the child: |
| (a) | The child's residence and, when practicable, at least 7 days' advance written notice of a planned change of residence; and |
| (b) | Any serious injuries, major medical care received or hospitalization of the child; |
| (3) | Make good faith efforts to cooperate with the parents in the development and pursuit of the plan; |
| (4) | Periodically review with the parents the progress of the reunification plan and make any appropriate changes in that plan; |
| (5) | Petition for judicial review and return of custody of the child to his parents at the earliest appropriate time; and |
| (6) | Petition for termination of parental rights at the earliest possible time that it is determined that family reunification efforts will be discontinued pursuant to 22 MRSA §4041, subsection 2 and that termination is in the best interests of the child. |
| B. | Parents are responsible for rectifying and resolving problems which prevent the return of the child to the home and shall take part in a reasonable rehabilitation and reunification plan and shall: |
| (1) | Maintain meaningful contact with the child pursuant to the reunification plan. When a parent has left the area where the child has been placed, this shall include making arrangements to visit the child at or near his placement; |
| (2) | Seek and utilize appropriate services to assist in rehabilitating and reunifying with the child; |
| (3) | Pay reasonable sums toward the support of the child within the limits of their ability to pay; |
| (4) | Maintain contact with the department, including prompt written notification to the department of any change of address; and |
| (5) | Make good faith efforts to cooperate with the department in developing and pursuing the plan; and |
| C. | Where the parties cannot agree as to contents of a reasonable rehabilitation and reunification plan, any party may file a motion for judicial review pursuant to §4038. At the review, the court shall review the proposed plans of either party and shall order reasonable reunification plans as it deems necessary." |
| 2. | REUNIFICATION DECISION AT JUDICIAL REVIEWS |
22 MRSA §4038 (5), (6) and (7) provides: "Mandated review; review on motion:
| 1. | 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 and shall consider the effect of a change in custody on the child. |
| 2. | Disposition. The court may make any further order, based on a preponderance of evidence, that is authorized under section 4036. When custody of the child has been ordered to the department under a final protection order or this section, the court must make a determination within 18 months either to: |
| (1) | Return the child to his parent; |
| (2) | Continue reunification efforts for a specific limited time not to exceed 6 months and to judicially review the matter within the time specified; or |
| (3) | Enter an order under section 4036, subsection 1, paragraph G-1. |
| 3. | Order to return to parent. When the child has been placed in the custody of the department, before the court may enter an order returning the custody of the child to a parent, the parent shall show that he has carried out his responsibilities set forth in section 4041, subsection 1, paragraph B, that, to the court's satisfaction, he has rectified and resolved the problems which caused the removal of the child and any subsequent problems which would interfere with his ability to care for and protect his child from jeopardy and that he can protect the child from jeopardy." |
| 3. | 22 MRSA §4041 (2) provides: "DETERMINATION OF NEED TO COMMENCE OR DISCONTINUE REHABILITATION AND REUNIFICATION EFFORTS. The following provisions shall determine when rehabilitation and reunification efforts are not necessary or may be discontinued. |
| A. | The department may either decide to not commence or to discontinue rehabilitation and reunification efforts with either parent or the court may order that rehabilitation and reunification efforts need not commence or that the department has no further responsibilities for rehabilitation and reunification with either parent when: |
| (1) | The parent is willing to consent to termination of his parental rights; |
| (2) | The parent cannot be located; or |
| (3) | The parent is unwilling or unable to rehabilitate and reunify with the child; |
| (4) | The parent has abandoned the child; |
| (5) | The parent has acted toward a child in a manner which is heinous or abhorrent to society or has failed to protect a child in a manner which is heinous or abhorrent to society, without regard to the intent of the parent; or |
| (6) | If the victim of any of the following crimes was a child for whom the parent was responsible or the victim was a child who was a member of a household lived in or frequented by the parent and the parent has been convicted of: |
| (d) | Aiding or soliciting suicide; |
| (g) | Gross sexual misconduct; |
| (h) | Sexual abuse of minors; |
| (k) | Promotion of prostitution; or |
| (l) | A comparable crime in another jurisdiction. |
| B. | When the department discontinues efforts to return the child to a parent, it shall give written notice of this decision to that parent at his last known address. This notice shall include the specific reasons for the department's decision, the specific efforts the department has made in working with the parent and child and a statement of the parent's rights under section 4038. This notice requirement must precede service of a copy of a petition to terminate parental rights under subchapter VIII. |
| C. | If the department discontinues efforts to return the child to a parent, but does not seek termination of parental rights, then subsection (1), paragraph A, subparagraph (1), division (e) subsection 1, paragraph A, subparagraph (2), shall still apply." |
22 MRSA §4041 subsection 1, paragraph A, subparagraph (1), division (e) provides that the department shall develop:
"A schedule of visits between the child and the parents when visits are not detrimental to the child's best interests, including any special conditions under which the visits shall take place;"
22 MRSA §4041, subsection 1, paragraph A, subparagraph (2) provides:
"That the department shall provide the parents with prompt written notice of the following, unless that notice would be detrimental to the best interests of the child:
| (a) | The child's residence and, when practicable, at least 7 days' advance written notice of a planned change of residence; and |
| (b) | Any serious injuries, major medical care received or hospitalization of the child;" |
