PHILOSOPHIC BASE
The Department of Human Services considers adoption a highly desirable goal for children who cannot return to their own families. The Department’s responsibility is to effectuate for every child in its full custody a plan for assuring long term care that is as nurturing and stable as possible. Priority is always given first to encouraging and helping parents to take care of and assume responsibility for their own children and second, to seeking a legally permanent place for the child within his broader family unless their inability to do so is clearly documented.
If return of legal custody of the child’s own family is not possible, adoption, because it creates a permanent legal relationship, offers the child’s best chance for a stable future. Because uncertainty and instability are inherent in extended foster home or institutional living, the child’s welfare in most cases requires that he be returned to the legal custody of his family or placed for adoption whenever possible, ,and as quickly as the law and sound principles of social work allow.
To that end, immediately upon a child’s judicial commitment to the Department, steps will be taken to determine whether the child’s family is willing and able to make a good faith effort toward rehabilitation and reunification. (See Section II, Family Reunification.) If so, concentrated efforts will be made to enable them to provide nurture, protection and stability and to demonstrate their ability to resume custody. If at any time a sound factual basis exists for determining that the family will not or cannot protect the child from jeopardy to his health and welfare, the return to family plan will be discontinued and a decision will be made immediately whether adoption is the best plan for the child. If adoption is the Department’s goal, all steps shall be taken consistent with the law and sound principles of social work to achieve the earliest possible legal clearance and suitable adoptive placement of the child. Legal clearance will be achieved by the Termination of Parental Rights in District Court.
Termination of parental rights is one of the most serious legal steps that affects the future of parent and child. It is appropriate only in those cases in which parental unwillingness or inability to protect the child from jeopardy is so intractable that family reunification is not a safe objective for the child and parental rights must be terminated to clear the child for adoption.
Termination of parental rights must be completed prior to placement of a child in the home of prospective adoptive parents. An exception to this procedure may be made under certain circumstances called "Legal Risk Placement" but only with the knowledge and approval of the Substitute Care Program Specialist and Director of the Division of Child and Family Services (see Criteria for Placement of a Child for Adoption, paragraph 3, a). Without termination of parental rights, the residual rights of the child’s parents make the finalization of adoption uncertain. Termination prior to placement not only clears the child legally for formal adoption, but it eliminates one important element of risk from the adoption placement itself.
Adoption shall never be the Department’s plan for a child when there is sound evidence that some member of the child’s family is or in a reasonable time will be willing and able to provide nurture, protection and stability for the child. When adoption is the Department’s plan, the primary basis for selecting an adoptive home shall be the needs of the individual child and the ability of a family to meet those needs. The Department’s focus is on finding a family for each child rather than on finding a child for each family.
CRITERIA FOR PLACEMENT OF A CHILD IN ADOPTION
The major criteria for determining whether an adoptive placement can be made for a child are the child’s social situation, the child’s needs and capacities, and the child’s legal availability for adoption.
| 1. | Child’s Social Situation |
Factors considered in evaluating the child’s social situation are the circumstances of his coming into care, his parents’ current circumstances and capacities to provide for him and their attitude toward an adoptive plan for him; and the appropriateness and possibility of placement of the child within his own wider family. Exploration of the current circumstances of the child’s own parents must be made and services must be offered to help them become able to provide for the child before deciding to move toward adoptive placement unless the parent is absent and cannot be located with diligent search, or the parent refuses or is unable to make a good faith effort toward rehabilitation and reunification.
| 2. | The Child’s Needs and Capacities |
Areas considered in evaluating the child’s needs and capacities are his religion as requested by his parents on Form SWSS-016; his background including ethnic (with special attention to his Indian heritage, if any, and how this information is known and verified), cultural, socio-economic, and educational factors; his physical heritage, development, personal health history, and current health assessment; evaluation of his intellectual capacity and potential; and assessment of his emotional development and his capacity for making relationships. Health evaluation must include findings of all examinations given since the child’s coming into care, as well as available health history prior to coming into care.
Most importantly, no child who is in need of a permanent family, regardless of age, background, physical or emotional handicaps, should ever be labeled "unadoptable" by virtue of these factors alone. An adolescent, a retarded child, a severely physically handicapped child, a child of mixed racial heritage, a child with serious emotional problems that inhibit his or her ability to relate with depth -- all these children and others have the right to a permanent, loving family.
Under the current law, the following categories of children in the custody of the Department may be considered for adoptive placement.
| a. | Child Fully Surrendered and Released in Probate Court - V5 |
A child in whom all parental rights have been surrendered and released to the Department of Human Services under the provisions of 19 MRSA §532, may be considered for adoptive placement. The Probate Court is not required to notify parents when a petition for adoption is filed.
| b. | Child Committed Pursuant to Protective Decree or Divorce Decree - C2 or C7 |
A child committed to the custody of the Department of Human Services pursuant to a protective decree under 22 MRSA, §3792 when the petition was filed before 7/3/80 or under 22 MRSA §4038 when the petition was filed on or after 7/3/80, or by a Divorce Decree under 19 MRSA §752, may be considered for adoptive placement when the following conditions are met:
| (1) | All parental rights in the child have been terminated by voluntary consent in the court which issued the final order of custody to the Department |
OR
| (2) | All parental rights in the child have been involuntarily terminated upon finding by clear and convincing evidence by the court which issued the final order of custody to the Department: |
| (a) | That the parents are unwilling and unable to protect the child from jeopardy, |
| (b) | That circumstances are unlikely to change in a reasonable time, and |
| (c) | That termination is in the best interest of the child, |
AND
| (3) | Legal clearance has been given by an Assistant Attorney General upon finding that commitment, termination, and adoption clearance procedures have met all legal requirements and that the documents involved therein are without defect. No child committed under 22 MRSA §3792 or under 19 MRSA §752 can be legally adopted, and no child shall be placed for adoption, prior to termination of all parental rights except as described under "legal risk placement." For children who entered state custody pursuant to 22 MRSA §3792 when the petition was filed prior to July 3, 1980, termination will be sought no sooner than one year after the Decree of Protective Custody. For children who entered state custody pursuant to 22 MRSA §4035 or 4038 when the petition was filed on or after July 3, 1980, termination will be sought no sooner than three months after an order of protective custody. |
| c. | Child Committed as Juvenile Offender - C5, C9 |
Any child committed to the Department of Human Services under the Juvenile Code (Title 15 §3001 et seq.) must have his status changed through Surrender and Release in Probate Court before adoption can be undertaken.
| d. | Child Received by Voluntary Agreement |
No child so received can be placed for adoption unless:
| (1) | He has been Surrendered and Released under 29 MRSA §532 (V5). |
| (2) | He has been committed under 22 MRSA §4035 or 4038, or |
| (3) | He has been committed under 19 MRSA §752 (C7). |
| e. | Legal Risk Adoption Policy |
Introduction
There are special circumstances in which a child may be in need of a permanent placement, but the child is not legally free for adoption, yet a determination has been made that the child is in need of the stability and commitment that a "legal risk" adoptive family can provide.
Definition
A "legal risk" adoptive family is a potential adoptive family that has been made fully aware of and is in agreement with the fact that the child is not, and may not become, legally free for adoption. Thus the child's needs are paramount and it is the intent of the Department and the "legal risk" adoptive family, through its commitment to the child, to reduce the number of interim moves the child will experience, thereby providing as much stability as possible.
| (1) | Criteria for legal risk placements |
The following criteria must be met as a prerequisite to legal risk adoptive placement:
| (a) | The child for whom adoption is in the best interest and at least one of the following criteria applies: |
| 1. | The child is the subject of a Termination of Parental Rights Order that is under appeal, and would create delay in achieving permanency for the child. |
| 2. | The child is the subject of a court order that relieved the Department of the obligation to commence reunification based on the existence of an aggravating factor. |
| 3. | A Cease Reunification Order has been granted with birth family reunification completed and unsuccessful. |
| 4. | Birth family abandonment of a child. |
| 5. | A Termination of Parental Rights is complete on one parent and there are protracted efforts occurring to serve the absent parent. |
| (b) | The Prospective Adoptive Parents |
| 1. | Fully studied and approved for adoption. |
| a.) | Meet dual standards for foster and adoptive care. |
| b.) | Satisfactory background checks. |
| c.) | Satisfactory water test and fire safety inspection. |
| d.) | Completed Fundamentals of Foster and Adoptive Care Training |
| 2. | Fully informed of the special needs and characteristics of the child. |
| 3. | Fully informed of the legal status of the child. |
| a.) | Clearly recognize that the child is currently not free for adoption and there is a risk that the child may not become free for adoption. |
| 4. | Agree to adopt the child should the child become free for adoption. |
| 5. | Agree to sign and abide by the conditions of the Legal Risk Adoptive Home Placement Agreement. |
| a.) | Recognize the needs of the child as paramount. |
| b.) | Actively participate in the child's case plan. |
| c.) | Recognize the ongoing role of the Department as legal guardian |
| 1. | Caseworker and Supervisor make preliminary decision that a legal risk adoptive placement is in the best interest of the child and request approval for a Legal Risk placement from the CW Program Administrator and the Adoption Program Manager. |
| 2. | Caseworker will adhere to Section VIII. B-1. Adoption Recruitment, Placement, Supervision, Post Legalization Adoption Services and Guidelines for Permanency Assessment (Effective April 19, 2002 in the principles of selection, recruitment and preparation of the family. |
| 3. | Caseworker will comply with the requirements of the Indian Child Welfare Act and the Multiethnic Placement Act. |
The caseworker and supervisor will determine if a child is in need of a legal risk adoptive placement to provide security, stability, and family commitment.
The Caseworker will prepare a summary of the child's current circumstances and conditions.
To be included in the summary:
| 2. | Child's age and current living arrangement |
| 3. | Current level of birth family involvement |
| 4. | Identification of child’s special needs. |
| 5. | Statement that identifies how legal risk placement meets the best interest of the child. |
Request for approval of a Legal Risk Placement will be made to the Child Welfare Program Administrator and be forwarded to the Adoption Program Manager for final approval. Signed approval will remain in the child’s file.
After receiving final approval from the Adoption Program Manager that the child is eligible for legal risk placement the caseworker will adhere to Section VIII. B-1. Adoption Recruitment, Placement, Supervision, Post Legalization Adoption Services and Guidelines for Permanency Assessment (Effective April 19, 2002 in the principles of selection, recruitment and preparation of a family that also meets the criteria for legal risk placement.
The Caseworker will review the Legal Risk Adoptive Placement Agreement with the prospective adoptive parents. Upon approval of the agreement the family and caseworker will sign the Agreement, the family retains a copy, the original remains in the child's file and a copy is sent to the Adoption Program Manager.
Board and clothing rates are applicable at the regular Family Foster Care Rates of Level A and Level B, dependant on the needs of the child. Full MaineCare coverage continues for the child.
PROCEDURES FOR CHILDREN WHO HAVE BEEN FULLY SURRENDERED AND RELEASED IN PROBATE COURT (V5)
As soon as the Surrender and Release is obtained the following forms will be sent via the Division of Child and Family Services to the Assistant Attorney General for clearance:
| a. | If a legitimate child, the Surrender and Release of both parents. |
| b. | If a child was born out of wedlock: |
| (1) | The Surrender and Release of both parents, or the Surrender and Release of the mother and the putative father’s Waiver of Notice, or |
| (2) | The Surrender and Release of the mother plus the mother’s affidavit regarding the putative father and a copy of the judge’s ruling regarding the need for service to the putative father, or |
| (3) | The Surrender and Release of them other, and if the father petitioned the court for custody of the child, a copy of the court’s decree that he has not established parental rights in child. |
| c. | Parents’ request for religious preference placement (SWSS-016). |
| d. | Long form birth certificate. |
| e. | Verifications of parents’ marriages, divorces, deaths. |
| f. | A statement by the worker that parents were never married if that is the case. |
For children surrendered prior to July 3, 1980 who were in full custody of the Department pursuant to Protective or Divorce Decree at the time of Surrender and Release:
| g. | Attested copy of Petition for Protective Custody (SWSS-001) if child was committed under Title 22 MRSA, §392 or attested copy of Petition for Divorce if child was committed under Title 19 MRSA §752. |
| h. | Copy of proof of service to parent(s). |
| i. | A statement indicating whether parents were represented by counsel and if not, why not. |
| j. | Attested copy of Decree of Protective Custody or of Divorce Decree awarding custody to the Department. |
| k. | Copy of form SWSS-014 showing approval of Assistant Attorney General of Protective Petition and Decree or Divorce Petition and Decree. |
The Assistant Attorney General will return the papers via the Division of Child and Family Services together with Form SWSS-015 showing legal clearance.
| 2. | Child for Adoption Placement Summary - V5 |
The decision to move toward adoption is based on an assessment of the child’s situation as described in "Criteria for Placement of a Child for Adoption." This decision is made by the worker, but must have the approval of the unit manager before it is implemented. When an analysis of the child’s situation based on Criteria for Placement of a Child for Adoption indicates that adoption appears to be the best plan for a child, the worker prepares and submits a summary to the unit manager for approval together with documentation of legal clearance.
The purposes of this summary are:
| a. | To provide factual basis for and documentation of the decision to move toward adoptive placement. |
| b. | To circulate to other regions to assist in finding a home for the child. |
| c. | To provide information for the service delivery workers in preparing and placing the child when a particular home for the child has been selected. |
The format of the summary shall be as follows:
CHILD FOR ADOPTIVE PLACEMENT
Worker’s Name: Date:
Region:
Case Number With
Name of Child Program Classification Race Religion
Family Composition
Father:
Mother:
Children, listed chronologically with birthdates (name of child to be considered for adoption underscored).
The Family
| A. | The circumstances of the child’s coming into care and history prior to coming into care. Specify whether child originally came into Department’s custody by Surrender and Release (V5) or by Protective or Divorce Decree (C2, C7) and was subsequently surrendered prior to July 3, 1980. After July 3, 1980, children committed by protective order or divorce decree must be cleared for adoption by termination of parental rights, voluntary or involuntary, rather than by Surrender and Release (see Procedures for Children Committed Pursuant to Protective or Divorce Decree). |
| B. | Religion requested by parents at time of Surrender and Release or commitment. |
| C. | Whereabouts and current marital status of parents. |
| D. | If parents unmarried, description of the involvement of the putative father with the child and statement either that: |
| 1. | Notice of mother’s intent to Surrender and Release was given to the putative father, or |
| 2. | The court rules that notice to the putative father was not required. |
| E. | History of own parents’ contacts wit child during agency service. |
| F. | Dates and content of discussion with parents of the proposed plan to place for adoption, including parents’ reaction. |
| G. | Significant health, intellectual, or emotional problems in family history, including brief and pertinent information about siblings and unusual familial physical characteristics. |
| H. | Whether the child has Native American (Indian) heritage and if so: |
| 2. | How the information is known and verified. |
The Child
| A. | Physical description, with special mention made of any Indian heritage. |
| B. | Special qualities, capacities, or emotional problems, including results of any psychological examinations given. |
| C. | Birth, developmental history, and current health. |
| D. | Experience under agency service, i.e., dates of initial opening, changes in status, and placement history. |
| E. | Results of worker’s discussion of adoption with child. This is particularly important if the child is fourteen or older. |
PROCEDURES FOR CHILDREN COMMITTED PURSUANT TO PROTECTIVE OR DIVORCE DECREE (C2 OR C7)
| 1. | Preliminary Verifications and Clearance |
| a. | All vital statistics relating to the parentage of the child must be verified if this has not been done. This includes all marriages, divorces, death of parents, and child’s birth record with corrections made if necessary. |
| b. | Approval of the Protective Petition and Decree or of the Divorce Petition and Decree awarding custody to the Department including any interim Divorce Motions and Decrees must be obtained from the Assistant Attorney General on form SWSS-014. |
| 2. | Summary for Termination of Parental Rights and Adoptive Placement - C2 and C7 |
| a. | The decision to rule out the objective of returning the child to his family and to move toward adoption is based on an assessment of the child’s family and family’s situation as described in "Criteria for Placement of a Child in Adoption." That decision must be made by the worker and unit manager before any legal and administrative steps are taken toward termination of parental rights. The worker shall record the decision in the child’s record and prepare a Summary for Termination of Parental Rights and Adoptive Placement for the unit manager to review, initial and date when analysis of the child’s situation based on criteria for placement of a child in adoption indicates that adoption is the best plan for a child and that there is in regard to each parent either (1) a firm resolve to consent to terminate, or (2) clear and convincing evidence that: |
| (1) | The parents are unwilling or unable to protect the child from jeopardy, and |
| (2) | The circumstances are unlikely to change in a reasonable time, and |
| (3) | Termination is in the best interest of the child. |
| b. | The purposes of this summary are: |
| (1) | To provide a factual basis for and documentation of the decision to proceed with termination of parental rights in preparation for adoption. |
| (2) | To provide information regarding: |
| (a) | The parents unwillingness or inability to protect the child from jeopardy |
| (b) | The unlikelihood of those circumstances changing in a reasonable time, and |
| (c) | The best interests of the child. |
| (3) | To circulate to other regions to assist in finding a home for the child. |
| (4) | To provide information for the service delivery workers in preparing and placing the child when a particular home for the child has been selected. |
The format for the summary shall be as follows:
SUMMARY FOR TERMINATION OF PARENTAL RIGHTS
AND ADOPTIVE PLACEMENT
Worker’s Name: Date:
Region:
Case Number With
Name of Child Program Classification Race Religion
Family Composition
Father:
Mother:
Putative father, if any:
Children, listed chronologically with birthdates (name of child to be considered for termination of parental rights and adoption underscored).
The Family
| A. | The circumstances of the child’s coming into care and history prior to coming into care. Specify whether child came into custody by Protective Decree (C2) or Divorce Decree(C7). |
| B. | Religion requested by parents at time of commitment. |
| C. | Whereabouts and current marital status of parents. |
| D. | If parents unmarried, description of the involvement of the putative father with the child and what notice was given to him of the hearing for protective custody. |
| E. | History of own parents’ contacts with child during agency service. |
| F. | Dates and content of discussion with parents of the proposed plan to seek termination of parental rights, including parents’ reaction: if they are willing to consent to termination of parental rights, the reasons why; if not, the reasons why not. |
| G. | Significant health, intellectual, or emotional problems in family history, including brief and pertinent information about siblings and unusual familial physical characteristics. |
| H. | A statement that the Child Protective Petition and Decree or the Divorce Petition and Decree and any subsequent Divorce Motion and Decree were approved by an Assistant Attorney General on Form SWSS-014, and the date of that approval. |
| I. | Specific efforts made to provide, arrange, or coordinate services for the parents and to facilitate their rehabilitation and the reunification of the parents and child. |
| J. | Substantiation that other relative resources are unavailable or unsuitable. |
| K. | Reasons why efforts to return the child were discontinued, if they had been discontinued. |
| L. | Where involuntary termination is sought, clear and convincing evidence of: |
| 1. | Parental unwillingness or inability to protect the child from jeopardy, and |
| 2. | Unlikelihood of those circumstances changing in a reasonable time, and |
| 3. | Termination of parental rights is in the best interests of the child. |
The Child
| B. | A statement whether the child/parents are of Native American (Indian) heritage and, if so, |
| 2. | How this information is known and verified. |
| C. | Special qualities, capacities, or emotional problems, including results of any psychological examinations given. |
| D. | Birth, developmental history, and current health. |
| E. | Experience under agency service, i.e., dates of initial opening, changes in status, and placement history. |
| F. | The needs of the child for a permanent home by adoption. |
| G. | Attachments to parents, foster parents, including period of attachments and separations. |
| H. | Assessment of the child’s ability to integrate into a substitute home or back into his parent’s home. |
| I. | Results of worker’s discussion about adoption plan with child, if child is old enough to understand; and if child is over fourteen that he agrees with the plan. |
| 3. | Standards of Practice for Termination of Parental Rights |
| a. | Since almost all children are adoptable when proper resources and recruitment tools are employed, the availability of adoptive homes for any particular child should not be considered as part of the decision of whether to proceed with termination. |
| b. | If, however, the decision is made that a particular child is not likely to be adopted, the Department will not seek termination of parental rights. To leave a child with no parent except the State has the effect of leaving the child orphaned. In the event that circumstances change and the child can be adopted, the Department shall then proceed with termination of parental rights. |
| c. | For children who entered State custody pursuant to 22 MRSA §3792 when the petition was filed prior to July 3, 1980, termination will be sought no sooner than one year after the Decree of Protective Custody. For children who entered state custody pursuant to 22 MRSA §4038 when the petition was filed on or after July 3, 1980, termination will be sought no sooner than three months after an order of protective custody. |
| d. | The ability of the parents to visit, unless detrimental to the best interest of the child, shall continue until termination is ordered by the court. |
| e. | The worker will proceed with a sense of urgency in pursuing termination after return of the child to his home has been ruled out and the decision has been made to pursue termination of parental rights for the purpose of placing the child for adoption. |
| f. | Once the decision has been made to seek termination of parental rights, the worker will: |
| (1) | Inform the parents verbally, if possible, and in writing of the decision and the reason for it. |
| (2) | Determine their willingness to consent voluntarily to termination before a judge. |
| (3) | Explain the effects of termination. |
| g. | The effect of termination: |
| (1) | It divests the parent and child of all legal rights, powers, privileges, immunities, duties and obligations to each other except inheritance rights between parents and child. |
| (2) | The termination of one parent’s rights does not affect the rights of the other parent. |
| (3) | The parent whose rights have been terminated is not entitled to notice of adoption proceedings, nor to object to the adoption, nor to participate in the proceedings. |
| (4) | The child does not lose title to benefits due him from any third person, or state or federal agency. |
| (5) | It does not affect the benefits that a native American derives from his descent from a member of a federally organized Indian tribe. |
| h. | All persons with parental rights must have them terminated before a child can be placed for adoption including: |
| (3) | Any putative father, unless: |
| (a) | He has denied paternity of or waived parental rights to the child in a writing accepted by a judge as valid, or |
| (b) | He has been adjudged not to have parental rights in a child. |
For legal risk placements of children legally free for adoption see Criteria for Placement of a Child for Adoption, paragraph 3, e.
| 4. | Procedures for Parental Consent to Termination |
Voluntary consent to termination will not be pursued in the case of parents who may be deemed to be incompetent to consent knowingly.
| a. | If a parent is willing to consent voluntarily to termination after having its effect explained to him, the worker shall: |
| (1) | Prepare and sign five copies of the Petition for Termination of Parental Rights (Form BRDAC-001). |
| (2) | File the petition in the court which issued the final protection order (that court, for the convenience of the parties or other good cause, may transfer the petition to another district or division). |
| (3) | The worker shall prepare the Consent to Termination of Parental Rights (Form BRDCA-003) and Order of Termination of Parental Rights (Form BRDCA-004) for use in court. |
| b. | The judge is required by law to explain the effects of the termination order and to assure that it is voluntarily and knowingly signed. |
| c. | "Order of Termination of Parental Rights" Form BRDCA-004 will be used unless the court designated another format. |
| d. | The court will retain the original of the order. Attested copies will be obtained as follows: |
| (1) | One copy for case record |
| (2) | One copy to be sent for legal approval |
| (3) | One additional copy for each child named in the termination order. |
| e. | If all parental rights have been terminated, follow procedures for Approval by Assistant Attorney General, specified in Procedures for Children Committed Pursuant to Protective or Divorce Decree, paragraph 6. |
| 5. | Procedures for Seeking Involuntary Termination of Parental Rights |
| a. | If parents are unwilling or unable voluntarily and knowingly to consent to termination of parental rights and supervisor has approved worker’s decision to proceed, worker will prepare Petition for Termination of Parental Rights, Form BRDCA-001 and send it to the Division of Child and Family Services together with the following: |
| (1) | Copy of Summary for Termination of Parental Rights which has been signed by Unit Manager. |
| (2) | Attested copy of Petition for Protective Custody filed before July 3, 1980 or Petition for Child Protection Order obtained on or after July 3, 1980 (Form BRDCA-001) if child was committed under 22 MRSA §3792 or §4035, or attested copy of Divorce Petition and Decree and any subsequent motions to amend and Decrees amending original Divorce Decree if child was committed under 19 MRSA §752. |
| (3) | Copy of proof of service to parent(s) and, if child committed pursuant to 22 MRSA §4035 or 4038, to custodians, guardian ad litem, and any other party. |
| (4) | A statement indicating whether parents were represented by counsel and if not, why not. |
| (5) | Attested copy of Decree of Protective Custody obtained before July 3, 1980 or Final Protection Order obtained on or after July 3, 1980; or attested copy of Divorce Decree awarding custody to the Department. |
| (6) | Copy of form SWSS-014 showing approval by Assistant Attorney General of Protective Petition and Decree or Divorce Petition and original Divorce Decree plus any subsequent Divorce Motions and Decrees. |
| (7) | Form SWSS-016 - Request for Religious Placement, or statement why it was not obtained. |
| (8) | Long form birth certificate. |
| (9) | Verifications of parents’ marriages, divorces, deaths. |
| (10) | Draft letter to the parent(s) notifying them of the change of objective and planned petition to terminate parental rights. The letter shall include the following in its content: |
| (a) | The Department has made efforts to maintain contact with you and to return the _(Child’s Name) to his own home (specify efforts). |
| (b) | As you know, the Department has decided that return of (Child’s Name to his own home is no longer the objective for the following reasons: |
| (d) | Adoption is now the plan for the child |
| (e) | The Department will file a Petition in District Court under Title 22, MRSA §4051 to terminate your parental rights. |
| (f) | A copy of the Petition will be served and will state when and in what court the hearing on this Petition will be held. |
| (g) | Through its petition, the Department is alleging and seeks a court order that you (the parents) are unwilling or unable to protect. |
| (h) | (Name of child) from jeopardy; that circumstances are unlikely to change in a reasonable time; and termination is in the best interests of the child. |
| (i) | Such an order will terminate your parental rights and allow the Department to place (name of child) for adoption without your consent and without further notice to you. |
| (j) | If you (the parents) do not wish to oppose the Department’s petition, you may appear and tell the court that you did not contest the Department’s allegations. In such case, the court may issue an order which will terminate your parental rights. |
| (k) | If you do not appear at the scheduled hearing on the petition, the court may, in your absence, issue an order which will terminate your parental rights. |
| (l) | If you (the parents) do wish to oppose the Department’s petition, you must appear at the scheduled hearing. |
| (m) | You (the parents) have a right to petition the ____________ District Court in______________ (fill in information appropriate to the court which committed the child to the custody of the Department) to have custody of (name of child) returned to you under Title 22, MRSA §3793. |
NOTE: This notification letter shall not be sent out until worker has cleared dates for the hearing with the AAG. Worker will then send the letter so that it is received prior to parent’s receipt of the Petition for Termination of Parental Rights if possible.
| (11) | The following additional information for the Assistant Attorney General: |
| (a) | Last known address of both parents. |
| (b) | Information regarding unavailability of either parent for in-hand service. |
| (c) | A list of witnesses who could be helpful to the State in proving its case in court. Included should be a brief statement of the information which the person has, how the person came by that information, the likely credibility of the person as a witness. |
| b. | Substitute Care Program Specialist, Division of Child and Family Services will: |
| (1) | Review the above for completeness, requesting any missing material. |
| (2) | Forward the complete package to the Assistant Attorney General. |
| (3) | Notify worker by memo that the material has been forwarded to the Assistant Attorney General; memo will go to manager; attention worker. |
| c. | Assistant Attorney General will: |
| (1) | Review documents for legal sufficiency. |
| (2) | Notify the worker via substitute care program specialist that the documents are legally sufficient, or |
| (3) | Inform substitute care program specialist of necessary changes or additions. |
| (1) | Clear available dates for the hearing with the Assistant Attorney General. |
| (2) | Send letter of notification of plan to petition for termination of parental rights to parents. |
| (3) | Prepare and file Petition for Termination of Parental Rights in the court which issued the final protection order. (The court will set the time and date of hearing.) |
| (4) | Obtain attested copies of the Petition for Termination of Parental Rights as follows: |
| (b) | One for the Assistant Attorney General |
| (c) | One to be served on each parent for whom we are seeking termination |
| (d) | One to be served on the guardian ad litem who was appointed for the child at the time of the original child protection petition. See Section XI, subsection I. |
| (5) | Arrange for service on parents whose rights have not been terminated by consent and on the guardian ad litem for the child in accordance with Section XI, subsection J. Service must be completed at least ten days prior to the hearing date. |
| (6) | Send attested copy of Petition for Termination of Parental Rights to Assistant Attorney General land with cover memo, inform him of time, date, and place of hearing. |
| (7) | Inform witnesses of the time, date and place of the hearing. |
| (8) | If it is necessary to subpoena witnesses, follow procedures specified in Section XI, subsection O. |
| e. | In every case, even when the worker has good reason to believe that the parties will not contest the Department’s petition, the worker should be prepared to present to the court clear and convincing evidence which is admissible and which is material to the allegation of the unwillingness or inability to protect the child from jeopardy, that the circumstances are unlikely to change in a reasonable time, and that termination is in the best interests of the child. |
| f. | The Maine Rules of Evidence will apply to a hearing on the petition. It is essential that, before the hearing, the worker be clear as to what testimony he or she will give as a witness and what evidence is likely to be found admissible. |
| g. | The worker should have forms available for a consent to termination of parental rights in case the parent decides, at the last moment, to consent before the judge. |
| h. | If, after hearing, the court grants the termination, form BRDCA-004, Order of Termination of parental Rights will be used. |
| i. | Attested copies of the Order of Termination will be obtained as follows: |
| (2) | One copy to be sent to the Assistant Attorney General for legal approval. |
| (3) | One additional copy for each child named in the termination order. |
| j. | Any party to the proceedings involving the above mentioned petition has a aright to appeal the District Court’s decision to the Superior Court. After twenty days has elapsed, the worker will contact the District Court to be sure no appeal has been taken. |
| k. | If termination is not ordered, custody of the child remains with the Department, unless the termination hearing has been consolidated with a motion to review pursuant to 22 MRSA §4038 and the court orders a new disposition on the basis of that review. If custody remains with the Department, termination may be sought again in the future. |
| 6. | Approval by Assistant Attorney General and Administrative Clearance for Placement in Adoption |
| a. | If Termination of Parental Rights Order for all parents has been obtained by voluntary consent, the worker will send the following forms via the Division of Child and Family Services to the Assistant Attorney General for clearance: |
| (1) | Attested copy of Petition for Protective Custody or Petition for Child Protection Order (Form SWSS-001 or BRDCP-001) if child was committed under 22 MRSA §3792 or 4035 or attested copy of Divorce Petition and Decree and any subsequent motions to amend and Decrees amending original Divorce Decree if child was committed under 19 MRSA §752. |
| (2) | Copy of proof of service to parent(s), and, if child committed pursuant to 22 MRSA §4035, to custodians, guardian ad litem, and any other party. |
| (3) | A statement indicating whether parents were represented by counsel at the Child Protective hearing or divorce hearing and if not, why not. |
| (4) | Attested copy of Decree of Protective Custody, Final Protection Order, or attested copy of Divorce Decree awarding custody to the Department. |
| (5) | Copy of form SWSS-014 showing approval of Assistant Attorney General of Protective Petition and Decree or Divorce Petition and original Divorce Decree plus any subsequent divorce motions or decrees. |
| (6) | Form SWSS-016 - Request for Religious Placement, or statement why it was not obtained. |
| (7) | Long form birth certificate. |
| (8) | Verifications of parent’s marriages, divorces, deaths. |
| (9) | A statement by the worker that the parents were never married if that is the case. |
| (10) | Attested copy of the Petition for Termination of Parental Rights (Form BRDCA-001). |
| (11) | Attested copy of the consent to Termination of Parental Rights for each parent consenting (Form BRDCA-003). |
| (12) | Attested copy of each Order of Termination of Parental Rights issued upon consent of parents. |
After review and determination that there are no legal impediments to adoption, the Assistant Attorney General will return the papers via the Division of Child and Family Services together with form SWSS-015 showing legal clearance.
| b. | If Termination of Parental Rights Order for any parent was obtained without parental consent, the worker will send the following forms via the Division of Child Welfare to the Assistant Attorney General for clearance after the twenty day appeal period has elapsed: |
| (1) | Attested copy of Petition for Termination of Parental Rights. |
| (2) | Copy of proof of service to parents and child’s guardian ad litem. |
| (3) | A statement indicating whether parents were represented by counsel at the termination hearing, and if not, why not. |
| (4) | Attested copy of each Order of Termination of Parental Rights issued by the court in regard to the child. |
| (5) | Statement that the court has indicated that no appeal has been taken. |
After review and determination that there are no legal impediments to adoption, the Assistant Attorney General will return via the Division of Child and Family Services:
| (1) | Documents listed above in (1) through (5) |
| (2) | Documents sent in preparation for the termination hearing |
| (3) | Form SWSS-015 showing legal clearance. |
