VI. A. Judicial Review Policy

"Once a child has been placed in foster care, (either by an initial Court order, or by a voluntary agreement that is later superseded by a Court Order), both Federal and State laws require the Court to hold periodic dispositional hearings, specifically relating to matters determining the future status of the child. At a minimum, Federal law requires the Court to hold this dispositional hearing no later than 18 months of the date the child is first placed into foster care, and every 24 months thereafter. State law mandates such a hearing no later than 18 months after the Court's initial order placing the child into the Department's custody and at least every 24 months thereafter. Compliance with the Federal standard will ensure compliance with State law.

Because the purpose of such a hearing is to determine the future status of the child, its focus is on family reunification or other permanent placement, to avoid unnecessary or exceptionally long foster care placement. For that reason, any "dispositional hearing" which deals with the initial placement or custody of the child, or other issues related to the removal of the child from home, (e.g. C-2 dispositional hearings) is not considered for purposes of compliance with the due dates.

To ensure that judicial reviews and dispositional hearings are held on a timely basis, it is the Department's policy to calculate the timing of such reviews from the date of the child's initial placement in protective custody with the Department. To ensure that such hearings address all necessary issues, it is the Department's policy to request that the court:

(1)	Review the matter in accordance with 22 M.R.S.A. Sec. 4038; and

(2)	Make a determination of the future status of the child by addressing:

(b)	the appropriateness of the current foster care plan;

(d)	the extent of progress made toward alleviating or mitigating the causes necessitating placement in foster care;

(e)	a projected date by which a change in custody or termination of parental rights and adoption is likely;

(f)	in the case of a child who has attained age 16, the services needed to assist the child to make the transition into foster care to independent living.

"In every case, a judicial review and dispositional hearing shall be held, at a minimum, no later than 18 months from the effective date of the child's initial placement in the protective custody of the Department, whether by PPO, C-1, C-2, or by voluntary placement (V-2 agreement) which is later superseded by court order.

Illustration: Child comes into foster care by way of PPO on January 1, 1990; C-2 held one month later. Judicial Review must be held no later than July 1, 1991.

Illustration: Child comes into foster care on a voluntary agreement (V-2) on January 1, 1990. One month later, parent seeks to terminate agreement, and Department requests Preliminary Protection Order (PPO), which District Court grants. Ten-day hearing (C-1) is waived by parent and final Child Protection Order (C-2) is entered after hearing on April 1, 1991.Judicial Review must be held no later than July 1, 1991.

If this hearing is continued beyond the date required by law, it will not be regarded as having been held in compliance with Federal law, unless the parties assembled, and the matter is continued by Order of the Court.

Subsequent judicial reviews and dispositional hearings shall be held, at a minimum, every two years from the effective date of the initial 18-month review described in subsection (A) above.

Illustration: Child comes into foster care by way of C-2 Order on January 1, 1990. First Judicial Review held on July 1, 1991. Judicial Review Order signed August 1, 1991. Subsequent Judicial Reviews must be held no later than July 1, 1991, July 1, 1993, July 1, 1995, etc. If the hearing is continued beyond the date required by law, it will not be found to have been held in compliance with Federal law, unless the parties assembled, and the matter is continued by Order of the Court.

State law provides that, unless petitioned for by a party or ordered by the Court, subsequent judicial reviews need not be had if:

(a)	custody has been granted to a person other than a parent or the Department;

(b)	custody has been granted to a parent who did not have custody at the time the Child Protection Petition was filed;

(c)	the child lives with a foster parent with whom the Department has entered into a long-term foster care agreement pursuant to 22 M.R.S.A., Sec. 4064. In such cases, Federal law requires that the Court, in its Order, specify the family with whom the child is to live.

In addition to the State and Federally-mandated judicial reviews and dispositional hearings described in this policy section, additional court reviews are frequently had at shorter time intervals. It is not uncommon, for example, for judicial reviews to be scheduled for children in foster care within one year of their initial placement, or even within three, six or nine months. In order to secure the fullest protections to all children who are in foster care, it is the policy of the Department to request the Court, on every Judicial Review, to review the case and make findings and dispositions consistent with this Section.

Judicial reviews are scheduled and held as the result of Motion by any party, or Order of the Court. The Department shall move for judicial review at such times as may be necessary to ensure compliance with state and federal statutes, rules and regulations. It is the responsibility of the caseworker to identify the times at which judicial reviews must be held, and to follow all Department procedures to ensure compliance. The Department shall also move for judicial review and request amendment of any current Order when circumstances and evidence establish that:

(A)	The Order in place is no longer effective to protect the child from jeopardy and a more intrusive Order is warranted;

(B)	The Order in place is no longer necessary to protect the child from jeopardy, and a less intrusive Order is warranted;

(C)	The child has been living with a parent in a trial placement for a period of three (3) months.In such cases, the Department shall request an amendment to the Order to grant custody to the parent(s), unless an exception is approved by the Regional Program Manager;

(D)	An amendment to the Order is appropriate for case management reasons; e.g. when a court-ordered examination by experts is necessary in order to make rehabilitative decisions.

In order for a Termination of Parental Rights hearing to meet both State and Federal dispositional and judicial review requirements, the termination hearing must be consolidated with a Judicial Review, and be held within the time frames specified by State and Federal laws.

In every case, it is the responsibility of the caseworker, together with an Assistant Attorney General, to secure timely judicial reviews so as to satisfy statutory requirements, and to move for judicial reviews when circumstances warrant amendment of the current court order. The casework supervisor shall ensure that these responsibilities are met.

When a judicial review has not been scheduled by prior court Order, and the Department is moving for review, the caseworker shall ensure that the Motion is prepared and served upon all parties according to law.

When a judicial review is being requested by a party other than the Department, the caseworker, upon receipt of notice of the review, shall immediately send the notice to the Assistant Attorney General. If the purpose of the review is not clear, the caseworker shall promptly contact the moving party to clarify the issues and ascertain the requested disposition.

Prior to any judicial review scheduled by the Department or prior Court Order, the caseworker shall prepare a written summary on such forms and containing such information as the Department, in consultation with the Department of Attorney General shall prescribe. In any case in which the Department is seeking a transfer of legal custody from the Department to the parent(s), the summary shall be sent to the Regional Program Manager or designee, for review and approval.

Information contained in the judicial review summary shall be in such form as would be acceptable for submission to the Court at hearing. In addition to names, addresses and other pertinent information about the parties, the summary should clearly contain a description of the case plan, a statement of the purpose of the review, and the disposition being sought.

For any judicial review, the summary shall address, and shall request the Court to address:

(b)	the appropriateness of the current foster care placement;

(d)	the extent of progress made toward alleviating or mitigating the causes necessitating placement in foster care;

(e)	a projected date by which a change in custody or termination of parental rights and adoption is likely;

(f)	in the case of a child who has attained age 16, the services needed to assist the child to make the transition from foster care to independent living.

The summary shall also address, and request the Court to make, disposition in accordance with 22 M.R.S.A. Secs. 4036 and 4038.

In the case of children who are in foster care pursuant to a long-term foster care agreement, the judicial review summary should also identify the foster family.

It is the responsibility of the caseworker, together with an Assistant Attorney General, to ensure that all necessary information about the review is received by all parties reasonably in advance of the hearing date, so as to enable the parties to prepare adequately. This includes:

(a)	preparing, filing and serving Motions according to law;

(b)	disseminating the judicial review summary, along with any pertinent reports or documents, to all parties, reasonably in advance of hearing so as to enable them to prepare adequately;

(c)	acquiring attested copies of documents as appropriate;

(d)	consulting with the parties and counsel reasonably in advance of hearing to allow time for preparation;

(e)	ensuring that witness subpoenas are prepared and served as necessary.

(a)	obtain attested copies of the Court Order for the case file, including orders of continuance regarding any 18-month or 24-month review; and route attested copies as the Department may prescribe;

(b)	revise the case plan to comply with the new court order, if necessary;

(c)	follow all other Departmental procedures for routing information as the Department may prescribe.