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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 22. HEALTH AND WELFARE
Chapter : Chapter 1671. CHILD PLACING AGENCY
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Title 22 - §8201. Definition of child placing agency
Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1671: CHILD PLACING AGENCY
§8201. Definition of child placing agency
As used in this subtitle, the term "child placing agency" means a facility which advertises itself or holds itself out as
finding homes for or otherwise placing children under the age of 18, in homes where care is provided on the basis of 24 hours
a day.
[1983, c. 625 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §8202. Rules
Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1671: CHILD PLACING AGENCY
§8202. Rules
1. Rules promulgated. The department shall promulgate rules for child placing agencies which shall include, but need not be limited to, rules pertaining
to the appropriateness of placement, the continued welfare of the child placed and licensing procedures.
[1975, c. 719, § 6 (new).]
2.
[1977, c. 694, § 380 (rp).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §8203. Additional license permitted
Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1671: CHILD PLACING AGENCY
§8203. Additional license permitted
A licensed children's home may also be licensed as a child placing agency if the children's home complies with the law and
rules applicable to child placing agencies.
[1975, c. 719, § 6 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §8204. Individuals placing children for adoption
Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1671: CHILD PLACING AGENCY
§8204. Individuals placing children for adoption
1. License required. Any individual who operates a child placing agency shall be subject to the licensing requirements of the department, as specified
under this chapter and under chapter 1663. Any individual who advertises himself or holds himself out as placing or finding
homes for children for the purpose of adoption, shall be deemed to operate a child placing agency.
[1977, c. 515, § 3 (new).]
2. License not required. Any individual who does not advertise himself or hold himself out as placing or finding homes for children for the purpose
of adoption, but who places or assists in placing a child for adoption, shall not be deemed to operate a child placing agency
and shall not be subject to the licensing requirements of the department, as specified under this chapter and under chapter
1663.
[1977, c. 515, § 3 (new).]
3. Fees; violation and penalty. No individual who places or assists in placing a child for adoption shall charge a fee which represents more than the reasonable
costs of the services provided.
Violation of this subsection shall be a Class D crime.
[1977, c. 515, § 3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §8205. Collection and disclosure of information about a child's background
Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1671: CHILD PLACING AGENCY
§8205. Collection and disclosure of information about a child's background
This section governs the collection and disclosure of information about the child's background.
[1995, c. 391, §3 (rpr).]
1. Information to be collected. The licensed child placing agency shall obtain medical and genetic information on the birth parents and the child. Specifically,
the licensed child placing agency shall attempt to obtain:
A. A current medical, psychological and developmental history of the child, including an account of the child's prenatal care,
medical condition at birth, results of newborn screening, any drug or medication taken by the child's birth mother during
pregnancy, any subsequent medical, psychological or psychiatric examination and diagnosis, any physical, sexual or emotional
abuse suffered by the child and a record of any immunizations and health care received since birth; and
[1995, c. 391, §3 (new).]
B. Relevant information concerning the medical, psychological and social history of the birth parents, including any known
disease or hereditary disposition to disease, the history of use of drugs and alcohol, the health of the birth mother during
her pregnancy and the health of the birth parents at the time of the child's birth.
[1995, c. 391, §3 (new).]
[1995, c. 391, §3 (new).]
2. Disclosure before placement. Prior to the child being placed for the purpose of adoption, the licensed child placing agency shall provide the information
described in subsection 1 to the prospective adoptive parents.
[1995, c. 391, §3 (new).]
3. Specific reasons for concern. If the licensed child placing agency has specific, articulable reasons to question the truth or accuracy of any of the information
obtained, those reasons must be disclosed in writing to the prospective adoptive parents.
[1995, c. 391, §3 (new).]
4. Notice that information unavailable. The prospective adoptive parents must be informed in writing if any of the information described in subsection 2 can not
be obtained, either because the records are unavailable or because the birth parents are unable or unwilling to consent to
its disclosure or to be interviewed.
[1995, c. 391, §3 (new).]
5. Request for additional information. If, after a child is placed for adoption and either before or after the adoption is final, the child suffers a serious medical
or mental illness for which the specific medical, psychological or social history of the birth parents or the child may be
useful in diagnosing or treating such illness, the prospective adoptive or adoptive parents may request the child placing
agency to attempt to obtain additional information. The child placing agency shall attempt to obtain the information promptly
and shall disclose any information collected to the prospective adoptive or adoptive parents as soon as reasonably possible.
The licensed child placing agency may charge a fee to the prospective adoptive or adoptive parents to cover the cost of obtaining
and providing the additional information. Fees collected by the department must be dedicated to defray the costs of obtaining
and providing the additional information. Fees may be reduced or waived for low-income prospective adoptive or adoptive parents.
[1995, c. 391, §3 (new).]
6. International adoptions. If the child to be placed for adoption is from a foreign country that has jurisdiction over the child and the prospective
adoptive parents are United States citizens, compliance with federal and international adoption laws is deemed to be compliance
with this section.
[1995, c. 391, §3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §8206. Preadoptive homes as foster homes
Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1671: CHILD PLACING AGENCY
§8206. Preadoptive homes as foster homes
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Foster home" means a child's home that is a private dwelling where substitute parental care is provided within a family
on a regular, 24-hour-a-day, residential basis.
[1999, c. 265, §1 (new).]
B. "Preadoptive parent" means a person who has entered into an agreement with a licensed private child-placing agency that
has certified the person as a potential adoptive parent who will accept a child into care with the intent to adopt that child.
[1999, c. 265, §1 (new).]
[1999, c. 265, §1 (new).]
2. Home certification. Pursuant to rules adopted by the department, a licensed private child-placing agency may certify a preadoptive parent's
home as a foster home for a child placed in that home awaiting adoption by the preadoptive parent. Rules adopted pursuant
to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II-A.
[1999, c. 265, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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