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

Me. Rev. Stat. tit. 22, § 4036-B (2026)

Removal of child from home

✓ current as of May 2026
Find cases: SyfertCases citing this section ME-LEGlegislature.maine.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
1.  Application.  The provisions of this section apply in any case in which the court orders, or has ordered, the removal of a child from home.  
[PL 2003, c. 408, §1 (NEW).]
2.  Welfare of child.  Before a court may order removal of a child from home, the court must specifically find that remaining in the home is contrary to the welfare of the child.  
[PL 2003, c. 408, §1 (NEW).]
3.  Reasonable efforts to prevent removal.  The department shall make reasonable efforts to prevent removal of the child from home, unless the court finds the presence of an aggravating factor. In an order providing for removal of the child from home, or within 60 days of the date of removal of the child from home, the court shall make a finding:  
A. Whether or not the department has made reasonable efforts to prevent the removal of the child from home; and   [PL 2003, c. 408, §1 (NEW).]
B. If the court finds that the department did not make reasonable efforts to prevent the removal of the child from home, whether or not there is an aggravating factor.   [PL 2003, c. 408, §1 (NEW).]
[PL 2003, c. 408, §1 (NEW).]
3-A.  Notification to relatives.  Except as required by family or domestic violence safety precautions, the department shall exercise due diligence to identify and provide notice, within 30 days after the removal of a child from the custody of a parent or custodian, to the following relatives: all grandparents; all parents of a sibling of the child who have legal custody of the sibling; and other adult relatives of the child, including any other adult relatives suggested by the parents. For the purposes of this subsection, "sibling" includes an individual who would have been considered a sibling of the child but for a termination or other disruption of parental rights, such as the death of a parent. Failure to comply with this provision does not affect service on a parent or custodian.  
[PL 2015, c. 381, §4 (AMD).]
4.  Reasonable efforts to reunify.  The department shall make reasonable efforts to rehabilitate and reunify the family as provided in section 4041, subsection 1‑A unless the court has ordered that the department need not commence or may cease reunification pursuant to section 4041, subsection 2. In the jeopardy order pursuant to section 4035 and in each judicial review order pursuant to section 4038, the court shall make a finding whether or not the department has made reasonable efforts to rehabilitate and reunify the family.  
[PL 2003, c. 408, §1 (NEW).]
5.  Reasonable efforts to finalize permanency plan.  The department shall make reasonable efforts to finalize the permanency plan. In each order determining a permanency plan pursuant to section 4038‑B, the court shall make a finding whether or not the department has made reasonable efforts to finalize the permanency plan.  
[PL 2005, c. 372, §3 (AMD).]
6.  Requirements for findings.  A court order making any finding required by this section must:  
A. Be in writing;   [PL 2003, c. 408, §1 (NEW).]
B. State that the finding was based on the specific facts and circumstances relating to the child; and   [PL 2003, c. 408, §1 (NEW).]
C. Explicitly document the basis for the finding.   [PL 2003, c. 408, §1 (NEW).]
[PL 2003, c. 408, §1 (NEW).]
SECTION HISTORY
PL 2003, c. 408, §1 (NEW). PL 2005, c. 372, §3 (AMD). PL 2011, c. 402, §4 (AMD). PL 2015, c. 381, §4 (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.
Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 2005–2026 · leading case: Adoption of Paisley, 2018 ME 19 (Me. 2018).
Sort: Relevance Newest Treatment
Adoption of Paisley, 2018 ME 19 (Me. 2018). · cites it 7× “[¶8] Title 22 M.R.S. § 4036-B requires the Department to notify relatives when a child enters foster care.”
In re Child of James R., 2018 ME 50 (Me. 2018). “22 M.R.S. § 4036-B(4) (2017). The Department is permitted to "make any appropriate changes in that plan" after reviewing the progress of the plan with the parent.”
In re Child of Radience K., 2019 ME 73 (Me. 2019). “, 22 M.R.S. § 4036-B (2018) (requiring the Department to "make reasonable efforts to prevent removal of the child from home"); In re Child of James R.”
Adoption of Riahleigh M.Adoption of MyAnnah D., 2019 ME 24 (Me. 2019). · cites it 2× “22 M.R.S. §§ 4036-B, 4041 (2017). Neither of the fathers specified in his motion what specific services he wanted to receive, apart from a generic request by the father of MyAnnah that services include "visitation, parenting counseling, and mental health counseling.”
In Re Jamara R., 2005 ME 45 (Me. 2005). “§ 4038(1) (2004) (requiring the court to review cases with findings of jeopardy every six months); 22 M.”
In Re Alivia B., 2010 ME 112 (Me. 2010). “” 22 M.R.S. § 4036-B(2) (2009). Construing section 4036(1-A) in context, there is no support for the proposition that a court may not award parental rights and responsibilities to a parent if there is a finding of jeopardy as to that parent.”
In Re Higera N., 2010 ME 77 (Me. 2010). “See 22 M.R.S. § 4036-B(4) (2009). [¶ 7] One year later, following three judicial reviews, the Department filed a petition to terminate the parental rights of both parents as to all of the children.”
In re Child. of Kacee S., 2021 ME 36 (Me. 2021). “Among other things, it means that, if another child of the parent is the subject of a child protection proceeding, the court may relieve the Department of the duty to make reasonable efforts to prevent the removal of the child from the home, 22 M.R.S. § 4036-B(3), and may…”
In re Dakota P., 863 A.2d 280 (Me. 2005). “Appellate Review of the Court’s “Reasonable Efforts” Determination [¶ 11] Title 22 M.R.S.A. § 4036-B(3) (2004) provides that the “department shall make reasonable efforts to prevent removal of the child from home, unless the court finds the presence of an aggravating factor.”
In re K.S., 2014 ME 71 (Me. 2014). “’s de facto parent, S.S. has the same status as any biological or adoptive parent.”
In re L.D., 2015 ME 123 (Me. 2015). “Because placement orders are not appeal-able, we do not reach the father’s, arguments that DHHS failed to exercise due diligence to identify and provide notice to all known grandparents and other adult relatives within thirty days after the removal of a child from the custody of…”
In re Child. of Kacee S., 2021 ME 36 (Me. 2021). “Among other things, it means that, if another child of the parent is the subject of a child protection proceeding, the court may relieve the Department of the duty to make reasonable efforts to prevent the removal of the child from the home, 22 M.R.S. § 4036-B(3), and may…”
Show all 14 citing cases →
— Me. Rev. Stat. tit. 22, § 4036-B(2) — 1 case
In Re Alivia B., 2010 ME 112 (Me. 2010). “” 22 M.R.S. § 4036-B(2) (2009). Construing section 4036(1-A) in context, there is no support for the proposition that a court may not award parental rights and responsibilities to a parent if there is a finding of jeopardy as to that parent.”
— Me. Rev. Stat. tit. 22, § 4036-B(3) — 6 cases
In Re Jamara R., 2005 ME 45 (Me. 2005). “§ 4038(1) (2004) (requiring the court to review cases with findings of jeopardy every six months); 22 M.”
In re Child. of Kacee S., 2021 ME 36 (Me. 2021). “Among other things, it means that, if another child of the parent is the subject of a child protection proceeding, the court may relieve the Department of the duty to make reasonable efforts to prevent the removal of the child from the home, 22 M.R.S. § 4036-B(3), and may…”
In re Dakota P., 863 A.2d 280 (Me. 2005). “Appellate Review of the Court’s “Reasonable Efforts” Determination [¶ 11] Title 22 M.R.S.A. § 4036-B(3) (2004) provides that the “department shall make reasonable efforts to prevent removal of the child from home, unless the court finds the presence of an aggravating factor.”
In re Child. of Kacee S., 2021 ME 36 (Me. 2021). “Among other things, it means that, if another child of the parent is the subject of a child protection proceeding, the court may relieve the Department of the duty to make reasonable efforts to prevent the removal of the child from the home, 22 M.R.S. § 4036-B(3), and may…”
In re Child of Jasmine B., 2020 ME 62 (Me. 2020).
— Me. Rev. Stat. tit. 22, § 4036-B(4) — 4 cases
In re Child of James R., 2018 ME 50 (Me. 2018). “22 M.R.S. § 4036-B(4) (2017). The Department is permitted to "make any appropriate changes in that plan" after reviewing the progress of the plan with the parent.”
In Re Higera N., 2010 ME 77 (Me. 2010). “See 22 M.R.S. § 4036-B(4) (2009). [¶ 7] One year later, following three judicial reviews, the Department filed a petition to terminate the parental rights of both parents as to all of the children.”
Adoption of Riahleigh M.Adoption of MyAnnah D., 2019 ME 24 (Me. 2019). “22 M.R.S. §§ 4036-B, 4041 (2017). Neither of the fathers specified in his motion what specific services he wanted to receive, apart from a generic request by the father of MyAnnah that services include "visitation, parenting counseling, and mental health counseling.”
In re K.S., 2014 ME 71 (Me. 2014). “’s de facto parent, S.S. has the same status as any biological or adoptive parent.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.