Placement Through DHHS Child Protective Services

The Maine Department of Health and Human Services (DHHS) provides services to protect children from abuse or neglect.  Everyday, many people call DHHS with reports of possible abuse or neglect.  DHHS considers all reports and decides which need follow up and possible investigation.  If DHHS has concerns, usually they will help the parents make changes to keep their children safe. 

Sometimes DHHS will develop a safety plan requiring the parents to place the children with a relative and DHHS will not take custody of the children.  In this case, the caregiver may want to strengthen his or her legal authority.  Discuss your options with the DHHS worker.  You may need to get Power of Attorney or go through the guardianship process in Probate Court.

Other times, DHHS will petition the Maine District Court for custody of the children.  If the Court decides to give custody to DHHS, they will try to place the child with a relative.  The goal of DHHS is to find a permanent home (called permanency) for the child.  First they will try to safely reunify the child with parent(s).  This is called reunification.  If this cannot happen in a timely manner, DHHS may work towards adoption or permanency guardianship for the child.  This section explains the process to make a decision regarding custody and permanency.

It is important to note that there are situations when DHHS cannot or will not help a child who is in danger of being harmed.  It is possible for any three adults to file a petition in District Court seeking placement of the child in DHHS custody or in another adult’s custody.  You will want to consult a lawyer if you are considering this option.  More information about this process is available from Kids Legal, you can contact them at 1-866-624-7787 or at www.kidslegal.org.

DHHS Placement

DHHS must get a court order to remove the child from the parent’s home.  However, once taking custody, DHHS has the rights of a parent including choosing where the child will live (placement).  The priority of DHHS is to place the child with a family member, or possibly a close family friend, until the child can be reunified with their parents, this is called kinship care.   DHHS decides the rights and responsibilities of the kinship caregiver.  Usually responsibilities of placement include:

• giving daily care
• getting medical care
• signing school forms

Children in DHHS custody are called foster children, or less commonly, wards of the state.

If a child is already in my care, can I get DHHS to take custody? 

Typically, the answer is no.  DHHS only takes custody when a child is at risk of abuse or neglect, and is not safe with the parent or caregiver.  The child’s caregiver can request a voluntary agreement with DHHS for temporary DHHS placement (up to 180 days)  where staying in the caregiver’s home may be harmful to the child (for example, the child is at risk of entering the juvenile justice system).

How Long Do DHHS Placements Last?

DHHS placements may last up to 15-18 months, though sometimes it is longer.

Do I Need A Lawyer?

If you are a foster parent or another adult caring for a child placed by DHHS, you probably do not need a lawyer.  If you want to become an intervenor (see next section), you should consult a lawyer.

Each parent of the child will have a lawyer.  If the parents are unable to afford a lawyer, the Court will appoint one for them.  Children will have a guardian ad litem (GAL).  In some cases, a child can get a lawyer, as well as, a GAL.

Can I Go To Court Hearings?

Yes.  In fact, if DHHS has custody and places the child with you, you have the right to be told of hearings and to speak at hearings.  Anyone with a significant relationship to the child (relative, counselor, caregiver, etc.) can request to be recognized as a participant.  A relative caregiver is automatically considered a participant.  You must show the Court that you have a substantial relationship or substantial interest in the child’s well-being and it is in the child’s best interests for you to participate.  The Court must allow your request unless it finds good cause not to do so. As a participant, you may have the right to be heard in Court, but not the right to present or cross-examine witnesses, present evidence, or have access to court documents.  You can request participant status at the hearing.

Sometimes family members will ask to intervene in the child protective court case.  If you are an intervenor, you are a party to the case, just like DHHS and the parents.  You have to file a motion with the Court requesting intervenor status in the child protective case.  You must show that your rights may be adversely affected, unless you are given intervenor status in the case.  This is the most difficult standard to meet.  If granted, you have the same procedural rights as other parties to the case.  You can speak at hearings, present or cross-examine witnesses, present evidence, and see court documents.  These are complex procedures, and it is recommended that you consult with a lawyer.

The Maine DHHS Placement Process

1.   Investigation:  

When DHHS gets a report of possible child neglect or abuse, they may send a caseworker to the child’s home, if the case meets the criteria for an    investigation.  The caseworker will investigate whether the child is abused or neglected and whether the child is safe in the home.  If DHHS finds that there is   abuse or neglect, DHHS may ask the parents to agree to a safety plan. The plan may include services to the family while the children remain in the home, or it may require the children to live with someone else.  If the caseworker and the parents do not agree to a plan, and the caseworker feels the child is in jeopardy, the caseworker will file a Child Protection Petition with the District Court.  This petition asks the judge to order a plan to protect the child.  DHHS has the authority to ask law enforcement to remove a child from the parent’s care for a maximum of 6 hours without going to Court to get an order.  This is called a
6 hour hold.

2.   The Preliminary Protection Order (P.P.O.): 

When the caseworker files the Child Protection Petition, they may also ask the judge for a PPO. This is based on DHHS’s belief that the child is in immediate risk of serious harm.  If the judge agrees, the PPO will order DHHS to remove the child from the harmful or dangerous situation and place them with another adult, possibly a family member.  DHHS can get a PPO from the Court without notifying the parents.  Parents can challenge the PPO by asking for a hearing, which must be scheduled within 10 days.  (See below)

3.   Summary Preliminary Hearing (C-1 Hearing):

Once a PPO is signed, the Court will set a hearing date, usually within 10 days, to decide whether the PPO will continue or not.  This hearing is sometimes called a C-1 hearing.  DHHS must present to the Court:

• Its plan to reunify the child with the parents, if the child has been removed, or
• Its plan to avoid removing the child from the home, if the child has not been removed, or
• Its decision not to provide reunification services to the family, if it has made such a decision.

Each parent will be represented by a lawyer.  A guardian at litem (GAL) will be present for the children.  The GAL is assigned to look out for the best interests of the children.  DHHS must prove that there is immediate risk of serious harm in order to continue with the PPO.  This is not the end of the case.  This is a   temporary ruling.  The Court must still rule on the original Child Protection Petition alleging abuse or neglect.

4.   Jeopardy Hearing (C-2 Hearing): 

The next step in the Court process is the jeopardy hearing — sometimes called the C-2 Hearing.  Here the Court will rule on the original Child Protection Petition.  This comes after the judge has ruled on the PPO.  If DHHS has not asked for a PPO, this jeopardy hearing will be the first court hearing.  At this stage, the judge decides if jeopardy exists.  That is, will the child be in circumstances that may be harmful to the child’s health or welfare if returned to the parents?  If the judge decides there is jeopardy, the judge will also decide what must be done to protect the child.  This may include taking the child from the home and placing them with a relative, in a treatment center, or with a foster family.  A judge’s jeopardy order must be given within 120 days of when the child protective petition was filed. 

5.   Reunification: 

DHHS must try to reunify the child with his or her parents.  This means DHHS must set up visitation between the child and parents, which may be supervised.  DHHS must also arrange for and provide needed services to the child and parents, such as individual counseling, parent training, family therapy, etc.  Reunification Services must also assure that the child is protected from any harm.

6.  Post Jeopardy Hearings: 

The Court must review the jeopardy order every 6 months until child turns 18 or achieves permanency.  The parents can ask for a court review of the order at any time.  If the child is placed in foster care, the Court must hold a hearing called a permanency plan hearing within 12 months of the placement.  The permanency plan will state whether the child will be reunited with his or her parents.  If the child will not be returned to his or her parents, then the plan must include other long-term arrangements, such as: termination of parental rights and responsibilities, adoption, permanency guardianship, placement with a relative, or emancipation (through a court order, a young person 16 or 17 years old is allowed the responsibilities of an adult.)

As stated earlier, the priority is to safely return the child to the parent within the legal time frame.  If this is not possible, the Court must explore other permanency options.  DHHS may seek termination of parental rights (TPR) which will allow the child to be adopted.  (See section 7 below) This is often considered to be the best option, because adoption offers the most legal stability for the child. However, terminating parental rights may not always be in the child’s best interests.  For example, it may not be appropriate to terminate the parental rights of a 16 year old who is not going to return to her parents’ home but does not want the parent relationship severed. 

If adoption is not in the best interests of the child, the District Court will consider other options, including a permanency guardianship or a guardianship of a minor.  The guardian’s rights and responsibilities are similar whether they have permanency guardianship through District Court or guardianship of a minor through Probate Court.  Permanency guardianship may offer more financial support than guardianship through Probate Court.  It may also include a visitation order.

Someone who wants to provide a long-term commitment to a child, should discuss the permanency options with the child’s caseworker.  Different responsibilities and financial obligations apply to the different permanency options.  DHHS has booklets about adoptions and permanency guardianship to help people make decisions.  It may be helpful to talk with a lawyer before making these decisions.

7.   Petition to Terminate Parental Rights and Responsibilities:  

If DHHS decides not to reunify the child with the biological parents, it must decide whether to file a Petition To Terminate Parental Rights (TPR).  If DHHS wants to seek termination of parental rights, the caseworker will file a request with the Court to cease reunification.  By doing so, the caseworker is asking that DHHS no longer be required to provide services to the parent to help the parents reunify with the child.  The TPR petition asks the Court to end any rights that the biological parent still has.  In order to end the parental rights, a judge must decide that it is in the best interest of the child.  If the judge grants the petition, the biological parents, and sometimes the extended family as well, are not allowed to visit with the child or be involved in the child’s life.  DHHS can also ask the Court for a cease reunification order without petitioning for a TPR.  In this case, DHHS does not have to provide reunification services to the family, but is not requesting to terminate the parent-child relationship.

Are There Other Issues To Consider?

DHHS placement does not necessarily provide legal stability in the relative caregiver’s home while the child is in foster care.  DHHS, as the legal guardian, may need to move the child to a new placement.   Hopefully, the placement leads to stability through DHHS’s permanency plan.  DHHS process often requires sharing responsibilities with other family and professionals.  It can often be confusing, so it is important to ask the caseworker your questions.  The safety and best interests of the child are to be considered by all parties involved in a DHHS child protective case.

What Happens If The Caregiver Dies?

If the kinship caregiver of a child in DHHS custody dies, DHHS will make another placement.  If the only guardian with a permanency guardianship dies, the Court may appoint a new guardian.

Is Financial Assistance Available?

Relative caregivers who accept a DHHS placement are eligible for foster care payments.  Caregivers who are licensed foster parents receive full payments; caregivers who are not licensed receive reduced payments.  An adult who adopts a child directly from DHHS custody, or obtains a permanency guardianship of a child in DHHS custody, may be eligible for financial assistance.  DHHS determines eligibility for this assistance, not the Court.

For more information regarding these payments please contact the Maine DHHS caseworker.  You may also want to call Adoptive and Foster Families of Maine at 1-800-833-9786 about meeting licensing, adoption, or permanency guardianship requirements and the assistance available through these programs.   You may also want to review the Resource Guide for Maine Grandfamilies from Families And Children Together (F.A.C.T.).