Maine Legislature, Session 121, LD 0741
Committee Amendment CA_A_H82 (House)
Amends: 4 MRSA §183

COMMITTEE l\MENDMENT .. 4 
. to B.P. 547. L.D. 741. Bill, "An 
Act 
To 
Expand 
the 
Powers 
and 
Authority of 
Case 
Management 
Officers in the Family Division" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
I Sec. I. 4 MRSA §183, sub-§I, 1fD, as enacted by PL 1997, c. 
269, §1 and affected by §2, is amended to read: 
D. 
Family case management officers shall employ appropriate 
case management techniques and have jurisdiction to hear and 
dispose of the following matters: 
(1) 
Interim 
establishment, 
support; 
orders 
in 
modification 
actions 
involving 
the 
or 
enforcement of child 
(2) 
Interim orders in actions involving divorce, legal 
separation, 
paternity or parental 
rights, 
including 
interim orders in post-judgment proceedings arising out 
of 
these 
actions, 
except 
that 
a 
contested 
motion 
concerning 
interim 
parental 
rights 
and 
responsibilities, 
excluding 
interim 
child 
support 
orders, may be determined by the family case management 
officer only if both parties consent to determination 
of the issue or issues in dispute by the family case 
management officer; 
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Cltt 
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COMMITTEE AMENDMENT .. ;J. to H.P. 547, L.D. 741 
(3) 
Final orders 
subparagraphs 
(1) 
uncontested; 
in 
and 
any of the matters included in 
(2) 
when 
the 
proceeding 
is 
(4) 
Final orders in a contested proceeding when child 
support is the only contested issue; aBe 
(4-A) 
Applications 
for writs of 
habeas 
corpus 
to 
facilitate the attendance of proceedings by and return 
of a party who is incarcerated; 
(4-B) 
Requests for access to confidential Department 
of 
Human 
Services 
child 
protective 
records 
in 
accordance with Title 22, 
section 4008. 
The family 
case management officer may review records in camera to 
determine whether to grant access; and 
(5) 
Other actions assigned by the Chief Judge of the 
District Court. 
Sec. 2. 4 MRSA §183, sub-§l, 1fF is enacted to read: 
F. 
A family case management officer has the power to impose 
punitive and remedial sanctions in a summary proceeding for 
contempt occurring in the actual presence of the family case 
management officer and seen or heard by the family case 
management officer. 
The Maine 
Rules of Civil Procedure 
relating to summary contempt proceedings apply to a family 
case management officer exercising the contempt power under 
this paragraph.' 
SUMMARY 
This 
amendment replaces the bill, but retains 
of the 
central proposals of the bill. 
This amendment gives the family case management officers the 
power to issue writs of habeas corpus for the attendance at 
proceedings by parties that are incarcerated. 
This 
amendment 
also 
officers the authority to 
confidential information in 
Human Services. 
gives 
issue 
the 
the 
family 
case 
management 
orders to provide access to 
custody of the Department of 
This amendment also gives family case management officers 
the power to respond to contempt occurring in the presence of the 
family case management officer, which the family case management 
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COMMITTEE AMENDMENT .~. to H.P. 547, L.D. 741 
officer either saw or heard. 
The sanctions may be punitive or 
remedial, and must be imposed through a summary proceeding, which 
is governed by the Maine Rules of Civil Procedure. 
A person upon 
whom a sanction is imposed may seek appellate review as provided 
by the Maine Rules of Criminal Procedure. 
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