Me. Rev. Stat. » Title 22
Maine Revised Statutes

Me. Rev. Stat. tit. 22, § 4003 (2026)

Purposes

✓ current as of May 2026
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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:   [PL 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;  
[PL 1979, c. 733, §18 (NEW).]
2.  Removal from parental custody.  Provide that children will be removed from the custody of their parents only where failure to do so would jeopardize their health or welfare;  
[PL 2017, c. 411, §5 (AMD).]
3.  Rehabilitation and reunification.  Require that reasonable efforts be made to rehabilitate and reunify families 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;  
[PL 2017, c. 470, §1 (AMD).]
3-A.  Kinship placement.  Consistent with sections 4005‑G and 4005‑H, place children who are removed from the custody of their parents with an adult relative when possible;  
[PL 2017, c. 411, §6 (AMD).]
3-B.  Sibling placement.  Consistent with sections 4005‑G and 4005‑H, place children who are removed from the custody of their parents with as many of those children's siblings as possible;  
[PL 2017, c. 411, §7 (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  
[PL 1999, c. 731, Pt. AA, §4 (AMD).]
5.  Report on children in department's custody and children of incarcerated parents.  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 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 case load, 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. The report must also include information on the number of children in the department's custody known to have one or more incarcerated parents and information on the number of those children for whom the case goal is reunification.  
[PL 2021, c. 620, §1 (AMD).]
SECTION HISTORY
PL 1979, c. 733, §18 (NEW). PL 1981, c. 369, §9 (AMD). PL 1981, c. 698, §96 (AMD). PL 1985, c. 739, §4 (AMD). PL 1997, c. 715, Pt. B, §4 (AMD). PL 1999, c. 731, Pt. AA, §§3-5 (AMD). PL 2005, c. 374, §1 (AMD). PL 2013, c. 368, Pt. CCCC, §7 (REV). PL 2017, c. 411, §§5-7 (AMD). PL 2017, c. 470, §1 (AMD). PL 2021, c. 620, §1 (AMD).
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Notes of Decisions
Cited in 59 cases (3 in the last 5 years), 1983–2026 · leading case: In re Evelyn A., 2017 ME 182 (Me. 2017).
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In re Evelyn A., 2017 ME 182 (Me. 2017). · cites it 6× “Here, because of the statutorily mandated priority given to establishing permanency in child protection proceedings, 22 M.R.S. § 4003(4) (2016), the previous delay in reaching the claim of ineffectiveness of counsel, and the number of years that these children have been in…”
In re Child of Radience K., 2019 ME 73 (Me. 2019). · cites it 5× “the right to family integrity is limited by the right of children to be protected from abuse and neglect," 22 M.R.S. § 4003, the Legislature enacted the MCPA to provide legal processes that [remove children] from the custody of their parents only where failure to do so would…”
Matthew W. Pitts v. Amanda M. Moore, 2014 ME 59 (Me. 2014). · cites it 4× “22 M.R.S. § 4003. Similarly, a court may appoint a guardian for a child when, inter alia, the child is subjected to certain harmful circumstances, such as a “temporarily intolerable .”
In Re Michaela C., 2002 ME 159 (Me. 2002). · cites it 4× “" 22 M.R.S.A. § 4003(4) (Supp.2001). Section 4050 provides that it is the intent of the Legislature that the Act: Allow for the termination of parental rights at the earliest possible time after rehabilitation and reunification efforts have been discontinued and termination is…”
Fortin v. Roman Catholic Bishop of Portland, 2005 ME 57 (Me. 2005). · cites it 2× “" 22 M.R.S.A. § 4003 (2004). The Diocese acknowledges that "[i]t cannot be doubted that preventing the abuse of minors is a compelling governmental interest.”
In re M.P., 2015 ME 138 (Me. 2015). · cites it 2× “See 22 M.R.S. §§ 4003(4), 4050(2) (2014). [¶33] We focus on the second Mathews factor, which requires us to consider whether the procedures used by the court—and the court-imposed limitation on the mother’s ability to call witnesses at the Rule 60(b)(6) hearing—posed a…”
In re Child. of Mary J., 2019 ME 2 (Me. 2019). · cites it 3× “All of these factors weigh against a determination that an "internal tribal matter" is at issue here.”
Adoption of Riahleigh M.Adoption of MyAnnah D., 2019 ME 24 (Me. 2019). · cites it 4× “§ 9-204(b) ; see also 22 M.R.S. §§ 4003(3), 4035, 4036-B(4), 4041(1-A).”
In re Thomas H., 889 A.2d 297 (Me. 2005). “22 M.R.S.A. § 4003 (2004) (footnote omitted) (emphasis added).”
In re C.P., 2016 ME 18 (Me. 2016). “The Legislature has “[r]ec-ogniz[ed] 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 recognized] also that uncertainty and instability are…”
Adoption of Paisley, 2018 ME 19 (Me. 2018). · cites it 2× “” 22 M.R.S. § 4003(3-A) (2017). By urging the consideration of kinship care, the Legislature has certainly signaled that a home where a child’s siblings reside should be considered for placement when possible.”
In re N.W., 2013 ME 64 (Me. 2013). · cites it 5× “In a child protection proceeding, intervention is permitted if, in addition to complying with Rule 24, the intervention is consistent with the purposes of the Act, as established by 22 M.R.S. § 4003. See 22 M.R.S. § 4005-D(1)(D).”
Show all 59 citing cases →
— Me. Rev. Stat. tit. 22, § 4003(1)(E) — 1 case
State v. Clarke, 1999 ME 141 (Me. 1999).
— Me. Rev. Stat. tit. 22, § 4003(2) — 4 cases
Matthew W. Pitts v. Amanda M. Moore, 2014 ME 59 (Me. 2014). “22 M.R.S. § 4003. Similarly, a court may appoint a guardian for a child when, inter alia, the child is subjected to certain harmful circumstances, such as a “temporarily intolerable .”
In re Nicholas S., 2016 ME 82 (Me. 2016).
In re Child. of Mary J., 2019 ME 2 (Me. 2019). “All of these factors weigh against a determination that an "internal tribal matter" is at issue here.”
In Re Richard G., 2001 ME 78 (Me. 2001).
— Me. Rev. Stat. tit. 22, § 4003(3) — 12 cases
In re Child of Radience K., 2019 ME 73 (Me. 2019). “the right to family integrity is limited by the right of children to be protected from abuse and neglect," 22 M.R.S. § 4003, the Legislature enacted the MCPA to provide legal processes that [remove children] from the custody of their parents only where failure to do so would…”
Adoption of Riahleigh M.Adoption of MyAnnah D., 2019 ME 24 (Me. 2019). “§ 9-204(b) ; see also 22 M.R.S. §§ 4003(3), 4035, 4036-B(4), 4041(1-A).”
In Re Daniel C., 480 A.2d 766 (Me. 1984).
In re Child of Amber L., 2018 ME 91 (Me. 2018).
In re Amber L., 188 A.3d 876 (Me. 2018).
— Me. Rev. Stat. tit. 22, § 4003(4) — 24 cases
In re Evelyn A., 2017 ME 182 (Me. 2017). “Here, because of the statutorily mandated priority given to establishing permanency in child protection proceedings, 22 M.R.S. § 4003(4) (2016), the previous delay in reaching the claim of ineffectiveness of counsel, and the number of years that these children have been in…”
In Re Michaela C., 2002 ME 159 (Me. 2002). “" 22 M.R.S.A. § 4003(4) (Supp.2001). Section 4050 provides that it is the intent of the Legislature that the Act: Allow for the termination of parental rights at the earliest possible time after rehabilitation and reunification efforts have been discontinued and termination is…”
In re M.P., 2015 ME 138 (Me. 2015). “See 22 M.R.S. §§ 4003(4), 4050(2) (2014). [¶33] We focus on the second Mathews factor, which requires us to consider whether the procedures used by the court—and the court-imposed limitation on the mother’s ability to call witnesses at the Rule 60(b)(6) hearing—posed a…”
In re Child of Radience K., 2019 ME 73 (Me. 2019). “the right to family integrity is limited by the right of children to be protected from abuse and neglect," 22 M.R.S. § 4003, the Legislature enacted the MCPA to provide legal processes that [remove children] from the custody of their parents only where failure to do so would…”
In Re Misty Lee H., 529 A.2d 331 (Me. 1987).
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