An Act To Ensure Appropriate Care and Custody of Children Orphaned by Domestic Violence
Maine Legislature, Session 121, LD 1706
Committee: Health and Human Services
Sponsors: DOUGLASS, CRA YEN, DAMON, HALL, MAYO, McLAUGHLIN, MILLS, NORBERT, SIMPSON, WALCOTT
Amends: 22 MRSA §4003

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1706 
S.P.638 
In Senate, December 17, 2003 
An Act To Ensure Appropriate Care and Custody of Children 
Orphaned by Domestic Violence 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Secretary of the Senate on December 16, 2003. Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401. 
. 
Presented by Senator DOUGLASS of Androscoggin. 
Cosponsored by Representative CRA YEN of Lewiston and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: DAMON of Hancock, HALL of Lincoln, MAYO of Sagadahoc, Representatives: 
McLAUGHLIN of Cape Elizabeth, MILLS of Farmington, NORBERT of Portland, SIMPSON 
of Auburn, WALCOTT of Lewiston. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §4003, sub-§l, as enacted by PL 1979, c. 733, 
§18, is amended to read: 
1. 
Authorization. Authorize the department to protect and 
assist 
children 
orphaned 
by 
domestic 
violence, 
abused 
and 
neglected children, children in circumstances wRieR that present 
a substantial risk of abuse and neglect T and their families; 
Sec. 2. 22 MRS A §4025 is enacted to read: 
§4025. 
Emergency services; orphaned by domestic violence 
1. 
Jurisdiction asserted. 
When 
a 
child is orphaned by 
domestic violence, the State, through the department, is presumed 
to have and maintain jurisdiction over that child. 
2. 
In-state 
placement 
required. 
The 
department 
shall 
ensure 
that 
emergency 
or 
temporary 
placement 
of 
any 
child 
orphaned by 
do~estic violence is in the State until a permanent 
placement determination is made by the department or a court of 
competent jurisdiction. 
Sec. 3. 
Orphans of domestic violence; placement investigation 
procedures. 
The 
Department 
of 
Human 
Services 
shall 
develop 
procedures 
for 
placement 
of 
children 
orphaned 
by 
domestic 
violence. 
The procedures may be developed by the department as 
substantive 
rulemaking 
in 
accordance 
with 
the 
Maine 
Revised 
Statutes, Title 5, chapter 375, subchapter 2-A or by submitting 
legislation to the First Regular Session of the 122nd Legislature 
no later than December 1, 2004. 
The procedures must ensure a 
timely investigation, similar to that required by Title 18-A, 
section 9-304 for adoptions, 
and appointment of a guardian ad 
litem for the orphan before permanent placement or visitation 
rights may be ordered for the child orphaned by domestic violence. 
Sec. 4. Department of Public Safety to alert Department of Human 
Services. 
The 
Commissioner 
of 
Public 
Safety 
shall 
by 
rule 
establish a procedure to ensure that when a child is orphaned by 
domestic violence, if a law enforcement officer is at the scene, 
the 
law 
enforcement 
officer 
shall 
immediately 
alert 
the 
Department of Human Services of the fact and ensure that the 
Department 
of 
Human 
Services 
has 
immediate 
jurisdiction 
and 
control over the child. 
SUMMARY 
Under 
this bill, 
the 
State 
would 
assert 
and 
maintain 
jurisdiction over any child orphaned in the State by domestic 
violence. 
Additionally, 
the bill requires 
the 
Department of 
Page l-LR2312(1) 
Human Services to develop procedures either through rulemaking or 
proposed legislation that would ensure a timely investigation, 
similar to that required in adoptions, with a guardian ad litem 
appointed for the child before permanent placement or visitation 
rights are ordered. 
The bill also requires the Commissioner of 
Public 
Safety 
to 
adopt 
rules 
to 
aid 
in ensuring 
that 
the 
Department of Human Services is involved in a timely fashion.