MRS Title 22, Chapter1071: CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT
Text current through November 1, 2017, see disclaimer at end of document.
Title 22: HEALTH AND WELFARE
Chapter1071: CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT
Table of Contents
Subtitle3. INCOME SUPPLEMENTATION ...... 0
Part3. CHILDREN...... 0
Subchapter1. GENERAL PROVISIONS...... 0
Section4001. TITLE...... 0
Section4002. DEFINITIONS...... 0
Section4003. PURPOSES...... 0
Section4004. AUTHORIZATIONS...... 0
Section4004-A. VOLUNTARY AGREEMENTS...... 0
Section4004-B. INFANTS BORN AFFECTED BY SUBSTANCE ABUSE OR AFTER PRENATAL EXPOSURE TO DRUGS OR WITH FETAL ALCOHOL SPECTRUM DISORDERS 0
Section4005. PARTIES' RIGHTS TO REPRESENTATION; LEGAL COUNSEL 0
Section4005-A. FOSTER PARENTS RIGHT TO STANDING AND INTERVENOR STATUS IN CHILD PROTECTION PROCEEDINGS (REPEALED) 0
Section4005-B. GRANDPARENT'S RIGHT TO STANDING AND INTERVENOR STATUS IN CHILD PROTECTION PROCEEDINGS (REPEALED) 0
Section4005-C. RIGHTS OF PERSONS WHO ARE NOT PARTIES (REPEALED) 0
Section4005-D. ACCESS TO AND PARTICIPATING IN PROCEEDINGS0
Section4005-E. RELATIVES; VISITATION AND ACCESS; PLACEMENT0
Section4005-F. DETERMINATIONS OF PARENTAGE...... 0
Section4006. APPEALS...... 0
Section4007. CONDUCTING PROCEEDINGS...... 0
Section4008. RECORDS; CONFIDENTIALITY; DISCLOSURE...... 0
Section4008-A. CHILD ABUSE AND NEGLECT INVESTIGATIONS; DISCLOSURE 0
Section4009. PENALTY FOR VIOLATIONS...... 0
Section4010. SPIRITUAL TREATMENT...... 0
Section4010-A. CHILD ABUSE POLICIES...... 0
Section4010-B. WRITTEN POLICIES...... 0
Section4010-C. TRANSITION GRANT PROGRAM...... 0
Subchapter2. REPORTING OF ABUSE OR NEGLECT...... 0
Section4011. PERSONS MANDATED TO REPORT SUSPECTED ABUSE OR NEGLECT (REPEALED) 0
Section4011-A. REPORTING OF SUSPECTED ABUSE OR NEGLECT..0
Section4011-B. NOTIFICATION OF PRENATAL EXPOSURE TO DRUGS OR HAVING FETAL ALCOHOL SPECTRUM DISORDERS 0
Section4012. REPORTING PROCEDURES...... 0
Section4013. MANDATORY REPORTING TO MEDICAL EXAMINER FOR POSTMORTEM INVESTIGATION (REPEALED) 0
Section4014. IMMUNITY FROM LIABILITY...... 0
Section4015. PRIVILEGED OR CONFIDENTIAL COMMUNICATIONS.0
Section4016. CONFIDENTIALITY OF EMPLOYEE RECORDS...... 0
Section4017. DISCRIMINATION...... 0
Section4018. ABANDONED CHILD; SAFE HAVEN PROVIDER...... 0
Section4019. CHILD ADVOCACY CENTERS...... 0
Subchapter3. INVESTIGATIONS AND EMERGENCY SERVICES...... 0
Section4021. INVESTIGATIONS...... 0
Section4022. VOLUNTARY CARE...... 0
Section4023. SHORT-TERM EMERGENCY SERVICES...... 0
Section4024. DEPARTMENT RESPONSIBLE FOR REQUIRED SERVICES0
Subchapter4. PROTECTION ORDERS; PERMANENCY GUARDIANSHIP.0
Section4031. JURISDICTION; VENUE...... 0
Section4032. CHILD PROTECTION PETITION; PETITIONERS; CONTENT; FILING 0
Section4033. SERVICE AND NOTICE...... 0
Section4034. REQUEST FOR A PRELIMINARY PROTECTION ORDER.0
Section4034-A. EVIDENCE AND FINDINGS INADMISSIBLE...... 0
Section4035. HEARING ON JEOPARDY ORDER PETITION...... 0
Section4036. DISPOSITION AND PRINCIPLES...... 0
Section4036-A. CRIMINAL PENALTY...... 0
Section4036-B. REMOVAL OF CHILD FROM HOME...... 0
Section4037. AUTHORITY OF CUSTODIAN...... 0
Section4037-A. EXTENDED CARE...... 0
Section4038. MANDATED REVIEW; REVIEW ON MOTION...... 0
Section4038-A. TRANSFER TO DISTRICT COURT...... 0
Section4038-B. PERMANENCY PLANS...... 0
Section4038-C. PERMANENCY GUARDIAN...... 0
Section4038-D. GUARDIANSHIP SUBSIDY...... 0
Section4038-E. ADOPTION FROM PERMANENCY GUARDIANSHIP..0
Section4039. ENFORCEMENT OF CUSTODY ORDERS...... 0
Subchapter5. FAMILY REUNIFICATION...... 0
Section4041. DEPARTMENTAL RESPONSIBILITIES...... 0
Subchapter6. TERMINATION OF PARENTAL RIGHTS...... 0
Section4050. PURPOSE...... 0
Section4051. VENUE...... 0
Section4052. TERMINATION PETITION; PETITIONERS; TIME FILED; CONTENTS 0
Section4053. SERVICE AND NOTICE...... 0
Section4054. HEARING ON TERMINATION PETITION...... 0
Section4055. GROUNDS FOR TERMINATION...... 0
Section4056. EFFECTS OF TERMINATION ORDER...... 0
Section4057. TERMINATION ORDERS OF OTHER STATES...... 0
Section4058. REVIEW...... 0
Section4059. REINSTATEMENT OF PARENTAL RIGHTS...... 0
Subchapter7. CARE OF CHILD IN CUSTODY...... 0
Section4061. EXPENSES; REIMBURSEMENT...... 0
Section4062. PAYMENTS...... 0
Section4063. RELIGIOUS FAITH OF PLACEMENTS; PARENTS' REQUEST0
Section4063-A. MEDICAL AND PSYCHOLOGICAL EXAMINATION..0
Section4063-B. ESTABLISHMENT OF EARLY COUNSELING...... 0
Section4064. LONG-TERM FOSTER CARE (REPEALED)...... 0
Section4065. DEPARTMENT'S RESPONSIBILITY AFTER DEATH OF COMMITTED CHILD 0
Section4066. ANNUAL REPORT...... 0
Section4067. PERMISSION FOR PARTICIPATION IN SCHOOL ACTIVITIES 0
Section4068. SIBLING VISITATION...... 0
Subchapter8. MEDICAL TREATMENT ORDER...... 0
Section4071. MEDICAL TREATMENT ORDER...... 0
Subchapter9. HOSPITAL BASED SUSPECTED CHILD ABUSE AND NEGLECT COMMITTEES 0
Section4081. PURPOSE DEFINITIONS (REPEALED)...... 0
Section4082. DEFINITIONS MAINE CHILDREN'S TRUST FUND (REPEALED) 0
Section4083. HOSPITAL BASED SUSPECTED CHILD ABUSE AND NEGLECT COMMITTEES BOARD; ESTABLISHMENT (REPEALED) 0
Section4084. REPORT DUTIES (REPEALED)...... 0
Section4084-A. REPORT (REPEALED)...... 0
Section4085. DISBURSEMENT OF FUND MONEY (REPEALED).....0
Section4086. REVIEW (REPEALED)...... 0
Subchapter10. CHILD WELFARE SERVICES OMBUDSMAN ...... 0
Section5001. CHILD WELFARE SERVICES OMBUDSMAN (REPEALED)0
Subchapter10-A. OMBUDSMAN SERVICES ...... 0
Section4087. CHILD WELFARE SERVICES OMBUDSMAN (REPEALED)0
Section4087-A. OMBUDSMAN PROGRAM...... 0
Subchapter11. OUT-OF-HOME ABUSE AND NEGLECT INVESTIGATING TEAM 0
Section5005. OUT-OF-HOME ABUSE AND NEGLECT INVESTIGATING TEAM (REPEALED) 0
Subchapter11-A. OUT-OF-HOME ABUSE AND NEGLECT INVESTIGATING TEAM 0
Section4088. OUT-OF-HOME ABUSE AND NEGLECT INVESTIGATING TEAM (REPEALED) 0
Subchapter12. CHILD WELFARE ADVISORY COMMITTEE ...... 0
Section4089. CHILD WELFARE ADVISORY COMMITTEE (REPEALED)0
Subchapter13. HOSPITAL-BASED SUSPECTED CHILD ABUSE AND NEGLECT COMMITTEES 0
Section4091. PURPOSE...... 0
Section4092. DEFINITIONS...... 0
Section4093. HOSPITAL-BASED SUSPECTED CHILD ABUSE AND NEGLECT COMMITTEES 0
Section4094. MAINE SUSPECTED CHILD ABUSE AND NEGLECT COUNCIL (REPEALED) 0
Subchapter14. HEADING: PL 1999, C. 778, §2 (NEW)...... 0
Section4095. DEFINITIONS (REALLOCATED TO TITLE 22, SECTION 4100) (REPEALED) 0
Section4096. YOUTH IN NEED OF SERVICES PILOT PROGRAM (REPEALED) 0
Section4097. PRELIMINARY ASSESSMENT; SAFETY PLAN; OTHER SERVICES (REPEALED) 0
Section4098. YOUTH IN NEED OF SERVICES OVERSIGHT COMMITTEE (REPEALED) 0
Section4099. REPEAL (REPEALED)...... 0
Subchapter15. YOUTH IN NEED OF SERVICES PROGRAM ...... 0
Section4099-A. DEFINITIONS (REPEALED)...... 0
Section4099-B. HOMELESS YOUTH PROGRAM (REPEALED)...... 0
Section4099-C. PRELIMINARY ASSESSMENT; SAFETY PLAN; OTHER SERVICES (REPEALED) 0
Subchapter16. MAINE RUNAWAY AND HOMELESS YOUTH...... 0
Section4099-D. DEFINITIONS...... 0
Section4099-E. COMPREHENSIVE PROGRAM FOR HOMELESS YOUTH0
Section4099-F. DATA COLLECTION...... 0
Section4099-G. RULES...... 0
Section4099-H. EMERGENCY SHELTER FAMILY HOMES FOR YOUTH0
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MRS Title 22, Chapter1071: CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT
Maine Revised Statutes
Title 22: HEALTH AND WELFARE
Chapter1071: CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT
Subchapter 1:GENERAL PROVISIONS
§4001. TITLE
This chapter may be cited as the "Child and Family Services and Child Protection Act." [1979, c. 733, §18 (NEW).]
SECTION HISTORY
1979, c. 733, §18 (NEW).
§4002. DEFINITIONS
As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [1979, c. 733, §18 (NEW).]
1.Abuse or neglect. "Abuse or neglect" means a threat to a child's health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation including under Title 17-A, sections 282, 852, 853 and 855, deprivation of essential needs or lack of protection from these or failure to ensure compliance with school attendance requirements under Title 20-A, section 3272, subsection 2, paragraph B or section 5051-A, subsection 1, paragraph C, by a person responsible for the child.
[ 2015, c. 360, §2 (AMD) .]
1-A.Abandonment. "Abandonment" means any conduct on the part of the parent showing an intent to forego parental duties or relinquish parental claims. The intent may be evidenced by:
A. Failure, for a period of at least 6 months, to communicate meaningfully with the child; [1995, c. 481, §1 (AMD).]
B. Failure, for a period of at least 6 months, to maintain regular visitation with the child; [1995, c. 481, §1 (AMD).]
C. Failure to participate in any plan or program designed to reunite the parent with the child; [1983, c. 184, §1 (NEW).]
D. Deserting the child without affording means of identifying the child and his parent or custodian; [1983, c. 184, §1 (NEW).]
E. Failure to respond to notice of child protective proceedings; or [1983, c. 184, §1 (NEW).]
F. Any other conduct indicating an intent to forego parental duties or relinquish parental claims. [1983, c. 184, §1 (NEW).]
[ 1995, c. 481, §1 (AMD) .]
1-B.Aggravating factor. "Aggravating factor" means any of the following circumstances with regard to the parent.
A. The parent has subjected any child for whom the parent was responsible to aggravated circumstances, including, but not limited to, the following:
(1) Rape, gross sexual misconduct, gross sexual assault, sexual abuse, incest, aggravated assault, kidnapping, promotion of prostitution, sexual exploitation of a minor, sex trafficking or aggravated sex trafficking, abandonment, torture, chronic abuse or any other treatment that is heinous or abhorrent to society. [2015, c. 360, §3 (AMD).]
A-1. The parent refused for 6 months to comply with treatment required in a reunification plan with regard to the child. [2001, c. 696, §11 (NEW).]
B. The parent has been convicted of any of the following crimes and the victim of the crime 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:
(1) Murder;
(2) Felony murder;
(3) Manslaughter;
(4) Aiding, conspiring or soliciting murder or manslaughter;
(5) Felony assault that results in serious bodily injury; or
(6) Any comparable crime in another jurisdiction. [1997, c. 715, Pt. B, §1 (NEW).]
C. The parental rights of the parent to a sibling have been terminated involuntarily. [1997, c. 715, Pt. B, §1 (NEW).]
D. The parent has abandoned the child. [1997, c. 715, Pt. B, §1 (NEW).]
[ 2015, c. 360, §3 (AMD) .]
2.Child. "Child" means any person who is less than 18 years of age.
[ 1979, c. 733, §18 (NEW) .]
3.Child protection proceeding. "Child protection proceeding" means a proceeding on a child protection petition under subchapter IV, a subsequent proceeding to review or modify a case disposition under section 4038, an appeal under section 4006, a proceeding on a termination petition under subchapter VI, or a proceeding on a medical treatment petition under subchapter VIII.
[ 1979, c. 733, §18 (NEW) .]
3-A.Child Welfare Services Ombudsman.
[ 2001, c. 439, Pt. X, §1 (RP) .]
4.Custodial parent. "Custodial parent" means a parent with custody.
[ 1979, c. 733, §18 (NEW) .]
5.Custodian. "Custodian" means the person who has legal custody and power over the person of a child.
[ 1979, c. 733, §18 (NEW) .]
5-A.Foster parent. "Foster parent" means a person whose home is licensed by the department as a family foster home as defined in section 8101, subsection 3 and with whom the child lives pursuant to a court order or agreement with the department.
[ 1997, c. 715, Pt. B, §2 (NEW) .]
5-B.Fetal alcohol spectrum disorders. "Fetal alcohol spectrum disorders" means conditions whose effects include having facial characteristics, growth restriction, central nervous system abnormalities or other characteristics consistent with prenatal alcohol exposure identified in a child from birth to 12 months of age.
[ 2013, c. 192, §1 (NEW) .]
6.Jeopardy to health or welfare or jeopardy. "Jeopardy to health or welfare" or "jeopardy" means serious abuse or neglect, as evidenced by:
A. Serious harm or threat of serious harm; [1979, c. 733, §18 (NEW).]
B. Deprivation of adequate food, clothing, shelter, supervision or care or education when the child is at least 7 years of age and has not completed grade 6; [2007, c. 304, §11 (AMD).]
B-1. Deprivation of necessary health care when the deprivation places the child in danger of serious harm; [2005, c. 373, §5 (NEW).]
C. Abandonment of the child or absence of any person responsible for the child, which creates a threat of serious harm; or [1983, c. 184, §2 (AMD).]
D. The end of voluntary placement, when the imminent return of the child to his custodian causes a threat of serious harm. [1979, c. 733, §18 (NEW).]
[ 2007, c. 304, §11 (AMD) .]
6-A.Licensed mental health professional. "Licensed mental health professional" means a psychiatrist, licensed psychologist, licensed clinical social worker or certified social worker.
[ 1985, c. 495, §16 (NEW) .]
7.Parent. "Parent" means a natural or adoptive parent or a parent established under Title 19-A, chapter 61, unless parental rights have been terminated.
[ 2015, c. 296, Pt. C, §26 (AMD); 2015, c. 296, Pt. D, §1 (AFF) .]
7-A.Permanent plan.
[ 2005, c. 372, §2 (RP) .]
8.Person. "Person" means an individual, corporation, facility, institution or agency, public or private.
[ 1979, c. 733, §18 (NEW) .]
9.Person responsible for the child. "Person responsible for the child" means a person with responsibility for a child's health or welfare, whether in the child's home or another home or a facility which, as part of its function, provides for care of the child. It includes the child's custodian.
[ 1979, c. 733, §18 (NEW) .]
9-A.Preadoptive parent. "Preadoptive parent" means a person who has entered into a preadoption agreement with the department with respect to the child.
[ 1997, c. 715, Pt. B, §3 (NEW) .]
9-B.Relative. "Relative" means the biological or adoptive parent of the child's biological or adoptive parent, or the biological or adoptive sister, brother, aunt, uncle or cousin of the child.
[ 2007, c. 371, §1 (AMD) .]
9-C.Removal of the child from home. "Removal of the child from home" means that the department or a court has taken a child out of the home of the parent, legal guardian or custodian without the permission of the parent or legal guardian.
[ 1997, c. 715, Pt. B, §3 (NEW) .]
9-D.Resource family. "Resource family" means a person or persons who provide care to a child in the child welfare system and who are foster parents, permanency guardians, adoptive parents or members of the child's extended birth family.
[ 2011, c. 402, §1 (NEW) .]
10.Serious harm. "Serious harm" means:
A. Serious injury; [1979, c. 733, §18 (NEW).]
B. Serious mental or emotional injury or impairment which now or in the future is likely to be evidenced by serious mental, behavioral or personality disorder, including severe anxiety, depression or withdrawal, untoward aggressive behavior, seriously delayed development or similar serious dysfunctional behavior; or [1985, c. 739, §3 (AMD).]
C. Sexual abuse or exploitation. [1979, c. 733, §18 (NEW).]
[ 1985, c. 739, §3 (AMD) .]
11.Serious injury. "Serious injury" means serious physical injury or impairment.
[ 1979, c. 733, §18 (NEW) .]
12.Suspicious child death. "Suspicious child death" means the death of a child under circumstances in which there is reasonable cause to suspect that abuse or neglect was a cause of or factor contributing to the child's death.
[ 2007, c. 586, §1 (NEW) .]
SECTION HISTORY
1979, c. 733, §18 (NEW). 1983, c. 184, §§1,2 (AMD). 1985, c. 495, §16 (AMD). 1985, c. 739, §§1-3 (AMD). 1987, c. 511, §A2 (AMD). 1987, c. 769, §A77 (AMD). 1995, c. 481, §1 (AMD). 1997, c. 715, §§B1-3 (AMD). 2001, c. 439, §X1 (AMD). 2001, c. 696, §§10,11 (AMD). 2005, c. 372, §2 (AMD). 2005, c. 373, §§4,5 (AMD). 2007, c. 304, §§10, 11 (AMD). 2007, c. 371, §1 (AMD). 2007, c. 586, §1 (AMD). 2011, c. 402, §1 (AMD). 2013, c. 192, §1 (AMD). 2015, c. 296, Pt. C, §26 (AMD). 2015, c. 296, Pt. D, §1 (AFF). 2015, c. 360, §§2, 3 (AMD).
§4003. PURPOSES
Recognizing that the health and safety of children must be of paramount concern and that the right to family integrity is limited by the right of children to be protected from abuse and neglect and recognizing also that uncertainty and instability are possible in extended foster home or institutional living, it is the intent of the Legislature that this chapter: [1997, c. 715, Pt. B, §4 (AMD).]
1.Authorization. Authorize the department to protect and assist abused and neglected children, children in circumstances which present a substantial risk of abuse and neglect, and their families;
[ 1979, c. 733, §18 (NEW) .]
2.Removal from parental custody. Provide that children will be taken from the custody of their parents only where failure to do so would jeopardize their health or welfare;
[ 1979, c. 733, §18 (NEW) .]
3.Reunification as a priority. Give family rehabilitation and reunification priority as a means for protecting the welfare of children, but prevent needless delay for permanent plans for children when rehabilitation and reunification is not possible;
[ 1999, c. 731, Pt. AA, §3 (AMD) .]
3-A.Kinship placement. Place children who are taken from the custody of their parents with an adult relative when possible;
[ 2005, c. 374, §1 (NEW) .]
4.Permanent plans for care and custody. Promote the early establishment of permanent plans for the care and custody of children who cannot be returned to their family. It is the intent of the Legislature that the department reduce the number of children receiving assistance under the United States Social Security Act, Title IV-E, who have been in foster care more than 24 months, by 10% each year beginning with the federal fiscal year that starts on October 1, 1983; and
[ 1999, c. 731, Pt. AA, §4 (AMD) .]
5.Report. Require the department to report monthly to the joint standing committees of the Legislature having jurisdiction over appropriations and financial affairs and health and human services matters, beginning in July 2000, on the status of children served by the Office of Child and Family Services. The report must include, at a minimum, information on the department's caseload, the location of the children in the department's custody and the number of cases of abuse and neglect that were not opened for assessment. This information must be identified by program and funding source.
[ 1999, c. 731, Pt. AA, §5 (NEW); 2013, c. 368, Pt. CCCC, §7 (REV) .]
SECTION HISTORY
1979, c. 733, §18 (NEW). 1981, c. 369, §9 (AMD). 1981, c. 698, §96 (AMD). 1985, c. 739, §4 (AMD). 1997, c. 715, Pt. B, §4 (AMD). 1999, c. 731, Pt. AA, §§3-5 (AMD). 2005, c. 374, §1 (AMD). 2013, c. 368, Pt. CCCC, §7 (REV).
§4004. AUTHORIZATIONS
1.General. The department may take appropriate action, consistent with available funding, that will help prevent child abuse and neglect and achieve the goals of section 4003 and subchapter XI-A, including:
A. Developing and providing services which:
(1) Support and reinforce parental care of children;
(2) Supplement that care; and
(3) When necessary, substitute for parental care of children; [1979, c. 733, §18 (NEW).]
B. Encouraging the voluntary use of these and other services by families and children who may need them; [1979, c. 733, §18 (NEW).]
C. Cooperating and coordinating with other agencies, facilities or persons providing related services to families and children; [1993, c. 294, §1 (AMD).]
D. Establishing and maintaining a Child Protective Services Contingency Fund to provide temporary assistance to families to help them provide proper care for their children; [2007, c. 586, §2 (AMD).]
E. Establishing a child death and serious injury review panel for reviewing deaths and serious injuries to children. The panel consists of the following members: the Chief Medical Examiner, a pediatrician, a public health nurse, forensic and community mental health clinicians, law enforcement officers, departmental child welfare staff, district attorneys and criminal or civil assistant attorneys general.
The purpose of the panel is to recommend to state and local agencies methods of improving the child protection system, including modifications of statutes, rules, policies and procedures ; and [2007, c. 586, §3 (AMD).]
F. Investigating suspicious child deaths. An investigation under this paragraph is subject to and may not interfere with the authority and responsibility of the Attorney General to investigate and prosecute homicides pursuant to Title 5, section 200-A. [2007, c. 586, §4 (NEW).]
[ 2007, c. 586, §§2-4 (AMD) .]
2.Duties. The department shall act to protect abused and neglected children and children in circumstances that present a substantial risk of abuse and neglect, to prevent further abuse and neglect, to enhance the welfare of these children and their families and to preserve family life wherever possible. The department shall:
A. Receive reports of abuse and neglect and suspicious child deaths; [2007, c. 586, §5 (AMD).]
B. Promptly investigate all abuse and neglect cases and suspicious child deaths coming to its attention or, in the case of out-of-home abuse and neglect investigations, the department shall act in accordance with subchapter 11-A; [2007, c. 586, §6 (AMD).]
C. [2009, c. 558, §1 (RP).]
C-1. Determine in each case investigated under paragraph B whether or not a child has been harmed and the degree of harm or threatened harm by a person responsible for the care of that child by deciding whether allegations are unsubstantiated, indicated or substantiated. Each allegation must be considered separately and may result in a combination of findings.
The department shall adopt rules that define "unsubstantiated," "indicated" and "substantiated" findings for the purposes of this paragraph and that specify an individual's rights to appeal the department's findings. Rules adopted pursuant to this paragraph are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A; [2009, c. 558, §2 (NEW).]
D. [2001, c. 559, Pt. CC, §1 (RP).]
E. If, after investigation, the department does not file a petition under section 4032 but does open a case to provide services to the family to alleviate child abuse and neglect in the home, assign a caseworker, who shall:
(1) Provide information about rehabilitation and other services that may be available to assist the family; and
(2) Develop with the family a written child and family plan.
The child and family plan must identify the problems in the family and the services needed to address those problems; must describe responsibilities for completing the services, including, but not limited to, payment for services, transportation and child care services and responsibilities for seeking out and participating in services; and must state the names, addresses and telephone numbers of any relatives or family friends known to the department or parent to be available as resources to the family.