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Every child has the right to be with his biological family if that family can and will protect him from jeopardy to his health and welfare.  Therefore, the Department's priority, after protecting the child, is to assist in rehabilitating the family when reunification is possible and the parent can protect the child from jeopardy to his health or welfare.  Since family integrity is important in protecting the welfare of children and because extended foster care can lead to uncertainty and instability which can harm children, the department shall give priority to reunification and shall seek to initiate and continue to initiate contact with the family to assist in rehabilitation, but also shall prevent needless delay for permanent plans for children when rehabilitation and reunification is not possible (2 MRSA §4003, (3)).  It is the intent of the Legislature to promote the early establishment of permanent plans for the care and custody of children who cannot be returned to their family (22 MRSA §4003, (4)).

 

However, the Department's ability to reunify the child with his family is limited by the family's willingness and ability to rehabilitate and reunify; therefore, the parents are also responsible for resolving and rectifying the problems which create jeopardy to the child.  To this end, the Department and family must work together and share responsibility, where possible, to develop and participate in a reasonable rehabilitation and reunification plan which is designed to correct the problems which prevent the return of the child.

 

When family rehabilitation/reunification is not possible, under 22 MRSA §4041, (2), efforts to rehabilitate the parents and reunify the child are not necessary or may be discontinued and alternative methods of promoting legal and psychological family ties shall be sought.