M.R. Civ. P. 129

(a) Applicability. This rule shall apply when a child who is in the custody

of the Department of Health and Human Services (the department) under

Title 22 of the Maine Revised Statutes is placed in a children’s residential

treatment program that qualifies as a qualified residential treatment program

(QRTP).

(b) Notice of Placement. The department shall file a notice and request

for a review hearing (the notice of placement) with the court within 7 days after

placing a child into a children’s residential treatment program that qualifies as

a QRTP as that term is defined in 22 M.R.S. § 4002(6-C). The notice of placement

shall state the date of placement, the name of the provider, and the location of

the placement. The department shall provide a copy of the notice of placement

to all counsel, self-represented parties, and the child’s guardian ad litem.

(c) Records for Initial Placement Review. Within 42 days after a

child's placement in a QRTP, the department shall file with the court a needs

assessment of the child prepared by a qualified individual as that term is

defined in 22 M.R.S. § 4002(6-B). The assessment shall comply with all the

requirements set forth in 42 United States Code, Section 675a(c), as amended.

The needs assessment shall assist the court in determining the following:

(1) Whether the needs of the child cannot be met through placement in a

family foster home as defined in 22 M.R.S. § 8101(3) and instead support

placement in a QRTP;

(2) Whether the placement of the child in the QRTP provides effective and

appropriate care in the least restrictive environment; and

(3) Whether the placement of the child in the QRTP is consistent with the

short-term and long-term goals for the child as specified in the

permanency plan of the child if a permanency plan has been developed

under 22 M.R.S. § 4038-B.

(c) Initial Placement Review. The court shall review every initial

placement of a child in a QRTP and determine the appropriateness of the

placement within 60 days after the placement as required by 22 M.R.S.

§ 4038(8).

(d) Records for Continued Placement Review.

(1) After the initial placement review, for as long as a child remains

placed in a QRTP, at least 14 days before every judicial review or

permanency hearing, the department shall file with the court the

following records:

(A) An ongoing needs assessment, as prepared by qualified

individuals, of the strengths and needs of the child, which includes

records concerning the specific services or treatment being

provided to the child at the QRTP and the length of time the child is

expected to need the treatment or services; and

(B) Records of the department’s specific efforts to prepare the child

to return home or to be placed with a fit and willing relative, a legal

guardian, or an adoptive parent, or in a foster family home.

(2) The records filed under subdivision (d)(1) shall assist the court in

determining the following:

(A) Whether the needs of the child cannot be met through

placement in a family foster home as defined in 22 M.R.S. § 8101(3)

and instead support placement in a QRTP;

(B) Whether the placement of the child in the QRTP provides

effective and appropriate care in the least restrictive environment;

and

(C) Whether the placement of the child in the QRTP is consistent

with the short-term and long-term goals for the child as specified

in the permanency plan of the child if a permanency plan has been

developed under 22 M.R.S. § 4038-B.

(e) Continued Placement Review. The court shall review the continued

placement of a child in a QRTP at every judicial review and permanency hearing

pursuant to 22 M.R.S. § 4038(9).

(f) Admissibility of Records. In a hearing to review the initial or

continued placement of a child in a QRTP, records of evaluations of the child

and medical, behavioral, and mental health records of the child are admissible

upon showing that the records contain information relevant to the issues

before the court, as long as the records are made available to counsel at least

10 days prior to the hearing.

(g) Notice of Discharge. Upon discharge of a child from a QRTP, the

department shall file a notice of discharge with the court no later than the date

of the judicial review or permanency hearing, or within 14 days after the

discharge, whichever occurs first. The department shall provide a copy of the

notice of discharge to all counsel, self-represented parties, and the child’s

guardian ad litem.