An Act To Amend the Laws Concerning the Emancipation of Minors
Maine Legislature, Session 123, LD 0708
Committee: Judiciary
Sponsors: MARTIN
Amends: 15 MRSA §3003, 15 MRSA §3101, 15 MRSA §3301, 15 MRSA §3304, 15 MRSA §3316, 15 MRSA §3402, 15 MRSA §3506-A, 18-A MRSA §5, 19-A MRSA §1653, 19-A MRSA §1732, 19-A MRSA §2006, 19-A MRSA §2101, 19-A MRSA §2306, 19-A MRSA §2359, 19-A MRSA §4002, 20-A MRSA §3251, 20-A MRSA §5202, 20-A MRSA §830, 20-A MRSA §8601-A, 20-A MRSA §8605, 22 MRSA §1503, 22 MRSA §3472, 22 MRSA §4036, 22 MRSA §4038, 22 MRSA §5104, 24-A MRSA §2407, 26 MRSA §774, 29-A MRSA §352, 29-A MRSA §1302, 32 MRSA §4321, 34-A MRSA §9004, 34-B MRSA §7004, 36 MRSA §2551

Legislative Document 
S.P.225 
An Act To Amend the Laws Concerning the Emancipation of 
Minors 
Reference to the Committee on Judiciary suggested and ordered printed. 
No. 708 
February 13, 2007 
JOY J. O'BRIEN 
Secretary of the Senate 
Presented by Senator MARTIN of Aroostook. (BY REQUEST) 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 15 MRSA §3003, sub-§6, as enacted by PL 1977, c. 520, § 1, is repealed. 
Sec. 2. 15 MRSA §3101, sub-§2, ~, as enacted by PL 1981, c. 619, §3, is 
repealed. 
Sec. 3. 15 MRSA §3301, sub-§5, ~A, as amended by PL 1999, c. 624, Pt. B, §9, 
is further amended to read: 
A. 
Decide that action requiring ongoing supervision is not required either in the 
interests of the public or of the juvenile. If the juvenile community corrections officer 
determines that the facts in the report prepared for the community corrections officer 
by the referring officer pursuant to section 3203-A, subsection 3 are sufficient to file 
a petition, but in the community corrections officer's judgment the interest of the 
juvenile and the public will be served best by providing the juvenile with services 
voluntarily accepted by the juvenile and the juvenile's parents, guardian or legal 
custodian if the juvenile is not emancipated, the juvenile community corrections 
officer may refer the juvenile for that care and treatment and not request that a 
petition be filed; 
Sec. 4. 15 MRS A §3301, sub-§5, ~, as amended by PL 1999, c. 624, Pt. B, §9, 
is further amended to read: 
B. 
Make whatever informal adjustment is practicable without a petition. The 
juvenile community corrections officer may effect whatever informal adjustment is 
agreed to by the juvenile and the juvenile's parents, guardian or legal custodian tf-tfle 
ju'>'enile is not emancipated, including a restitution contract with the victim of the 
crime and the performance of community service. Informal adjustments may extend 
no longer than 6 months and may not be commenced unless: 
(1) The juvenile community corrections officer determines that the juvenile and 
the juvenile's parents, guardian or legal custodian, if the ju .. 'enile is not 
emancipated, were advised of their constitutional rights, including the right to an 
adjudicatory hearing, the right to be represented by counsel and the right to have 
counsel appointed by the court if they are indigent; 
(2) The facts establish prima facie jurisdiction, except that any admission made 
in connection with this informal adjustment may not be used in evidence against 
the juvenile if a petition based on the same facts is later filed; and 
(3) Written consent to the informal adjustment is obtained from the juvenile and 
the juvenile's parents, guardian or legal custodian if the juvenile is not 
emancipated; 
Sec. 5. 15 MRSA §3304, sub-§3, as amended by PL 1999, c. 624, Pt. B, §15, is 
further amended to read: 
3. Service. The summons must be directed to and served upon the juvenile and the 
juvenile's parents, guardian or legal custodian if the juvenile is not emancipated. The 
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summons must be served in hand or by leaving it at the juvenile's and parents', guardian's 
or legal custodian's dwelling house or usual place of abode with a person of suitable age 
and discretion residing in that house or by mailing it to the last known address of the 
juvenile. A copy of the summons must be mailed to the juvenile community corrections 
officer and the attorney for the State. 
Sec. 6. 15 MRSA §3316, sub-§2, ~A, as repealed and replaced by PL 1999, c. 
127, Pt. B, §6, is amended to read: 
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A. 
A commitment of a juvenile to a Department of Corrections juvenile corrections 
facility pursuant to section 3314 must be for an indeterminate period not to extend 
beyond the juvenile's 18th birthday unless the court expressly further limits or 
extends the indeterminate commitment, as long as the court does not limit the 
commitment to less than one year nor extend the commitment beyond a juvenile's 
st birthday and as long as an order does not result in a commitment of less than one 
year. unless the commitment is for an indeterminate period not to extend beyond the 
juvenile's 21 st birthday. 
Nothing in this Part may be construed to prohibit the 
provision to a juvenile following the expiration of the juvenile's term of commitment 
of services voluntarily accepted by the juvenile and the juvenile's parents, guardian or 
legal custodian if the juvenile is not emancipated; except that these services may not 
be extended beyond the juvenile's 21 st birthday. 
Sec. 7. 15 MRSA §3316, sub-§4, ~IA, as repealed and replaced by PL 1999, c. 
127, Pt. B, §6, is amended to read: 
A. 
This chapter does not prevent a juvenile from receIVIng services from the 
Department of Corrections pursuant to a voluntary agreement with the juvenile and 
the juvenile's parents, guardian or legal custodian if the jl:lvenile is not emancipated. 
Sec. 8. 15 MRSA §3402, sub-§2, ~, as repealed and replaced by PL 1979, c. 
512, §9, is amended to read: 
B. 
The juvenile's parents, guardian or legal custodian on behalf of the juvenile, if 
the jl:lvenile is not emancipated and the juvenile does not wish to appeal. 
Sec. 9. 15 MRSA §3506-A, as amended by PL 1989, c. 126, §§ 1 and 2 and PL 
2003, c. 689, Pt. B, §6, is repealed. 
Sec. 10. 18-A MRSA §5-802, sub-§(a), as enacted by PL 1995, c. 378, Pt. A, §1, 
is amended to read: 
(a). 
An adult or emancipated minor with capacity may gIve an individual 
instruction. The instruction may be oral or written. The instruction may be limited to 
take effect only if a specified condition arises. An oral instruction is valid only if made to 
a health-care provider or to an individual who may serve as a surrogate under section 5-
805, subsection (b). 
Sec. 11. 18-A MRSA §5-802, sub-§(b), as amended by PL 1999, c. 711, §2, is 
further amended to read: 
(b). 
An adult or emancipated minor with capacity may execute a power of attorney 
for health care, which may authorize the agent to make any health-care decision the 
principal could have made while having capacity. The power must be in writing and 
signed by the principal and 2 witnesses. Notwithstanding any law validating electronic or 
digital signatures, signatures of the principal and witnesses must be made in person and 
not by electronic means. The power remains in effect notwithstanding the principal's 
later incapacity and may include individual instructions. Unless related to the principal 
by blood, marriage or adoption, an agent may not be an owner, operator or employee of a 
residential long-term health-care institution at which the principal is receiving care. 
Sec. 12. IS-A MRSA §5-S05, sub-§(a), as amended by PL 1999, c. 411, §2, is 
further amended to read: 
(a). 
A surrogate may make a decision to withhold or withdraw life-sustaining 
treatment for a patient who is an adult or emancipated minor if the patient has been 
determined by the primary physician to lack capacity, no agent or guardian has been 
appointed or the agent or guardian is not reasonably available and the patient is in a 
terminal condition or a persistent vegetative state as determined by the primary physician. 
A surrogate also is authorized to make any other health care decision for a patient who is 
an adult or emancipated minor if the patient has been determined by the primary 
physician to lack capacity and no agent or guardian exists, except that a surrogate may 
not deny surgery, procedures or other interventions that are lifesaving and medically 
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necessary. 
A medically necessary procedure is one providing the most patient-appropriate 
intervention or procedure that can be safely and effectively given. 
Sec. 13. 19-A MRSA §1653, sub-§13, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, §2, is amended to read: 
13. Automatic adjustments. The order of the court or hearing officer may include 
automatic adjustments to the amount of money paid for the support of a child when the 
child attains 12 or 18 years of age; or when the child graduates, withdraws or is expelled 
from secondary school, or attains 19 years of age or is other\"'ise emancipated, whichever 
occurs first. 
Sec. 14. 19-A MRSA §1732, sub-§4, as enacted by PL 1999, c. 486, §3 and 
affected by §6, is amended to read: 
4. Child custody proceeding. "Child custody proceeding" means a proceeding in 
which legal custody, physical custody or visitation with respect to a child is an issue. The 
term includes a proceeding for divorce, separation, neglect, abuse, dependency, 
guardianship, paternity, termination of parental rights and protection from domestic 
violence, in which the issue may appear. 
The term does not include a proceeding 
involving juvenile delinquency, contractual emancipation or enforcement under 
subchapter ill 1. 
Sec. 15. 19-A MRSA §2006, sub-§8, ~G, as enacted by PL 2005, c. 352, §5, is 
amended to read: 
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G. 
With regard to any initial or modified child support order that affects more than 
one child and that was entered before January 18, 2005, unless that order states the 
manner in which the order must be modified upon the events listed in subparagraphs 
(1) to (4), that the order be automatically modified pursuant to this paragraph to 
address any of the following events: 
(1) Any child reaches 18 years of age and has graduated from secondary school; 
(2) Any child reaches 19 years of age without having graduated from secondary 
school; or 
(3) Any child obtains an order of emancipation; or 
(4) Any child dies. 
As of the date of an event listed in subparagraphs (I) to (4), the total child support 
amount stated in the order must be decreased by the child support amount assigned to 
that child in the worksheets accompanying the child support order or as set forth in 
the order. 
Sec. 16. 19-A MRSA §2101, sub-§4, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E. 92, is amended to read: 
4. 
Dependent child. 
"Dependent child" means any mmor child who IS not 
emancipated. 
Sec. 17. 19-A MRSA §2306, sub-§4, ~, as enacted by PL 1995, c. 694, Pt. B, 
§2 and affected by Pt. E, §2, is amended to read: 
E. 
The child is emancipated or adopted. 
Sec. 18. 19-A MRSA §2359, sub-§6, ~rC, as enacted by PL 1995, c. 694, Pt. B, 
§2 and affected by Pt. E. §2. is amended to read: 
C. 
The child has reached majority or has otherwise been emancipated; or 
Sec. 19. 19-A MRSA §4002, sub-§2, as enacted by PL 1995, c. 694, Pt. B, §2 
and affected by Pt. E, 92, is amended to read: 
2. Adult. "Adult" means a person 18 years of age or older or a person under 18 
years of age who is emancipated pursuant to Title 15, section 3506 A. 
Sec. 20. 20-A MRSA §3251, as amended by PL 2001, c. 454, § 11, is further 
amended to read: 
§3251. School privileges in the unorganized territories 
Subject to such reasonable rules as the commissioner may adopt, all persons who 
have attaincd the age of 5 years on October 15th and have not reached 20 years of age 
before the start of the school year and who reside with a parent in the unorganized 
territory or who are resident emancipated minors Of residents at least 18 years old are 
eligible to attend elementary and secondary schools and to receive appropriate special 
education and related services without charge to themselves or their parents. Education 
must be provided in alignment with the system of learning results as established in 
section 6209 under the direction of the commissioner and must meet the general 
standards for elementary and secondary schooling and special education established 
pursuant to this Title. 
Sec. 21. 20-A MRSA §5202, sub-§2, as amended by PL 1985, c. 789, §§3 and 9, 
is further amended to read: 
2. General rule. A person is eligible to attend schools in the school administrative 
unit where the person's parent resides, or where the person resides upon reaching the age 
of 18 years or UpOR beeomiRg an emaneipated miRor. A federal installation shall be ~ 
considered part ofthe school administrative unit in which it is located. 
Sec. 22. 20-A MRSA §830l-A, sub-§7, as corrected by RR 2003, c. 2, §42, is 
amended to read: 
7. Residence. "Residence" means, with reference to a person's eligibility to receive 
career and technical education, the school administrative unit in which is located the legal 
residence of the person's parent if the person has not reached 18 years of age, or the legal 
residence of the person after the person reaches 18 years of age or the legal residenee of 
the person after the person becomes an emaneipated minor. A federal reservation is 
considered part of the school administrative unit in which it is located. 
Sec. 23. 20-A MRSA §8601-A, sub-§9, as enacted by PL 1991, c. 518, §33, is 
amended to read: 
9. Residence. "Residence" means. with reference to a person's eligibility to receive 
adult education, the school administrative unit in which is located the legal residence of 
the person's parent if the person has not reached 18 years of age, or the legal residence of 
the person after the person reaches 18 years of age, or the legal residence of the person 
after the person beeomes an emaneipated minor. A federal reservation is considered part 
of the school administrative unit in which it is located. 
Sec. 24. 20-A MRSA §8605, sub-§3, ~A, as enacted by PL 2005, c. 151, §2, is 
amended to read: 
A. 
The transferor superintendent and the transferee superintendent may approve the 
transfer of a student from one school administrative unit to another if they find that 
the transfer is in the student's best interest and the student is in agreement with that 
finding. If the student has not attained 18 years of age and is not an emaRcipated 
ffI-i.fter, the student's parent must approve of the transfer. 
Sec. 25. 22 MRSA §1503, as enacted by PL 1995, c. 694, Pt. C, §8 and affected 
by Pt. E, §2, is amended to read: 
§1503. Authority 
A minor may give consent to all medical, mental, dental and other health counseling 
and services if the minor: 
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1. Living separately; independent of parental support. Has been living separately 
from parents or legal guardians for at least 60 days and is independent of parental 
support; 
2. Married. Is or was legally married; or 
3. Armed Forces. Is or was a member of the Armed Forces of the United States-;-Bf~ 
4. EmoHeipoted. Has been emancipated by the court pursuant to Title 15, section 
3506 A. 
II 
Sec. 26. 22 MRSA §3472, sub-§2, as amended by PL 2003, c. 653, §2, is further 
amended to read: 
2. Adult. "Adult" means any person who has attained 18 years of age or who is a 
legally emancipated minor. 
Sec. 27. 22 MRSA §4036, sub-§l, ~E, as amended by PL 1983, c. 480, Pt. B, 
§27, is repealed. 
Sec. 28. 22 MRSA §4038, sub-§l, as amended by PL 1997, c. 715, Pt. B, §7, is 
further amended to read: 
1. Mandated review. If a court has made a jeopardy order, it shaIl review the case 
at least once every 6 months, unless the child has been emancipated or adopted. 
Sec. 29. 22 MRSA §5104, sub-§l-A, as enacted by PL 1989, c. 329, §7, IS 
amended to read: 
I-A. Adult. "Adult" means any person who has attained the age of 18 years or '""ho 
is a legally emancipated minor. 
Sec. 30. 24-A MRSA §2407, sub-§2, as enacted by PL 1969, c. 132, §1, IS 
amended to read: 
2. 
Any minor not less than 15 years of age, nearest birthday, may, notwithstanding 
fl.i.s the minor's minority, contract for or own annuities, or insurance, or affirm by 
novation or otherwise preexisting contracts for annuities or insurance upon fits the minor's 
own life, body, health, proper1y, liabilities or other interests, or on the persons of another 
in whom the minor has an insurable interest. Such a minor sflaU, notwithstanding such 
minority, be ~ deemed competent to exercise all rights and powers with respect to or 
under any contract for annuity or for insurance upon fl.i.s the minor's own life, body or 
health, or any contract s-oo-ft the minor effected upon fl.i.s the minor's own property, 
liabilities or other interests, or any contract effected or owned by the minor on the person 
of another, as might be exercised by a person of full legal age, and may at any time 
surrender fl.i.s the minor's interest in any s-oo-ft contracts and give valid discharge for any 
benefit accruing or money payahle thereunder under the contract. Such a minor sflaU ~ 
not, by reason of fl.i.s minority, be entitled to rescind, avoid or repudiate the contract, nor 
to rescind, avoid or repudiate any exercise of a right or privilege thereunder under the 
contract, except that such a minor not otherwise emancipated shall ~ not be bound by any 
unperformed agreement to pay by promissory note or otherwise, any premium on any 
such annuity or insurance contract. 
Sec. 31. 26 MRSA §774, sub-§5, as enacted by PL 1991, c. 713, §4, is amended 
to read: 
5. Application. This section does not apply to a person who holds a high school 
diploma or a high school equivalency certificate issued pursuant to Title 20-A, section 
or to a minor emancipated pursuant to Title IS, section 3506 A. 
Sec. 32. 29-A MRSA §352, sub-§l, as repealed and replaced by PL 1995, c. 482, 
Pt. B, §2, is amended to read: 
1. 
Application for registration. 
The Secretary of State may not approve the 
application of a minor for registration of a vehicle unless the minor is at least 15 years old 
and the application is signed by: 
A. 
A parent or guardian who has the custody of the minor; or 
B. 
If the minor has no parent or guardian, the minor's employer~ " 
C. 
If the minor is emancipated, the minor. In this case, the application must be 
accompanied by an attested copy of the court order of emancipation. 
Sec. 33. 29-A MRSA §1302, sub-§l, as enacted by PL \993, c. 683, Pt. A, §2 
and affected by Pt. B, §5, is amended to read: 
1. 
Authorization. The Secretary of State may not accept the application for a 
license of a minor unless the application is: 
A. 
Signed by a parent or guardian; 
B. 
Signed by the spouse of the minor, provided the spouse is 18 years of age or 
older; or 
C. 
When the minor has no parent, guardian or spouse who has attained the age of 
years of age, signed by the employer or the minor if that employer is 18 years of 
age or older~. 
D.. 
Accompanied by an attested copy of a court order of emancipation under Title 
15, section 3506 A. 
Sec. 34. 32 MRSA §4321, sub-§5, as enacted by PL 1997, c. 206, § I, is amended 
to read: 
5. 
Minor. 
"Minor" means an individual under 18 years of age who IS not 
emancipated as defined by Title 15, section 3003, subsection 6. 
Sec. 35. 34-A MRSA §9004, sub-§l, as enacted by PL 1983, c. 459, §6, IS 
repealed and the following enacted in its place: 
1. 
Requisition for return of juvenile. The parent, guardian, person or agency 
entitled to legal custody of a juvenile who has not been adjudged delinquent, but who has 
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run awav without the consent of the parell1..$uardian, person. or ageT!£Y.:....!IlAY. petition the 
appropriate court in the demanding state for the issuance of a requisition for the juvenile's 
return. 
The petition must state the name and age of the juvenile, the name of the 
petitioner and the basis of entitlement to the juvenile's custody, the circumstances of the 
juvenile's running away, the location of the juvenile if known at the time application is 
made and any other facts that may show that the juvenile who has run away is 
endangering the juvenile's own welfare or the welfare of others. The petition must be 
verified by affidavit, must be executed in duplicate and must be accompanied by 2 
certified copies of the document or documents on which the petitioner's entitlement to the 
juvenile's custody is based, such as birth certificates, letters of guardianship or custody 
decrees. Further affidavits and other documents that are determined proper may be 
submitted with the petition. The judge of the court to which this application is made may 
hold a hearing on the petition to determine whether for the purposes of this compact the 
petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the 
juvenile has in fact run away without consent and whether or not it is in the best interest 
of the juvenile to compel the juvenile'S return to the demanding state. If the judge 
determines, either with or without a hearing, that the juvenile should be returned, the 
judge shall present to the appropriate court or to the executive authority of the state where 
the juvenile is alleged to be located a written requisition for the return of the juvenile. 
The requisition must include the name and age of the juvenile, the determination of the 
court that the juvenile has run away without the consent of a parent, guardian, person or 
agency entitled to the juvenile'S legal custody, and that it is in the best interest and for the 
protection of the juvenile that the juvenile be returned. 
If a proceeding for the 
adjudication of the juvenile as a delinquent, neglected or dependent juvenile is pending in 
the court at the time the juvenile runs away, the court may issue a requisition for the 
return of the juvenile upon its own motion, regardless of the consent of the parent, 
guardian, person or agency entitled to legal custody, reciting in the requisition the nature 
and circumstances of the pending proceeding. The requisition must in every case be 
executed in duplicate and must be signed by the judge. One copy of the requisition must 
be filed with the compact administrator of the demanding state, there to remain on file 
subject to the law governing records of the court. 
Upon the receipt of a requisition 
demanding the return of a juvenile who has run away, the court or the executive authority 
to whom the requisition is addressed shall issue an order to any peace officer or other 
appropriate person directing the peace officer to take into custody and detain the juvenile. 
The detention order must substantially recite the facts necessarv to the validity of its 
issuance under this section. Ajuvenile detained upon such an order must be delivered 
over to the officer whom the court demanding the juvenile has appointed to receive the 
juvenile, unless the juvenile is first taken before a judge of a court in the state in which 
the juvenile is detained, who shall inform the juvenile of the demand made for the 
juvenile's return and who may appoint counselor a guardian ad litem for the juvenile. If 
the judge of the court finds that the requisition is in order, the judge shall deliver the 
juvenile over to the officer whom the court demanding the juvenile has appointed to 
receive the juvenile. The judge may fix a reasonable time to be allowed for the purpose 
of testing the legality of the proceeding. 
Upon reasonable information that a person is a juvenile who has run away from another 
state party to this compact without the consent of a parent, guardian, person or agency 
entitled to the juvenile'S legal custody, the officer whom the court demanding the juvenile 
has appointed to receive the juvenile may take the juvenile into custody without a 
requisition and bring the juvenile before a judge of the appropriate court who may 
appoint counselor a guardian ad litem. The judge shall determine after a hearing whether 
sufficient cause exists to hold the the juvenile, subject to the order of the court, for the 
juvenile's own protection and welfare, for a time not exceeding 90 days to enable the 
juvenile's return to another state party to this compact pursuant to a requisition for the 
juvenile's return from a court of that state. If, at the time when a state seeks the return of 
a juvenile who has run away, there is pending in the state where the juvenile is found any 
criminal charge, or any proceeding to have the juvenile adjudicated a delinquent juvenile 
for an act committed in the state, or if the juvenile is suspected of having committed 
within the state a criminal offense or an act of juvenile delinquency, the juvenile may not 
be returned without the consent of the state until discharged from prosecution or other 
form of proceeding, imprisonment. detention or supervision for the offense or juvenile 
delinquency. The duly accredited officers of any state party to this compact, upon the 
establishment of their authority and the identity of the juvenile being returned, must be 
permitted to transport the juvenile through any and all states party to this compact without 
interference. Upon the juvenile'S return to the state from which the juvenile ran away, the 
juvenile is subject to such further proceedings as may be appropriate under the laws of 
that state. 
Sec. 36. 34-B MRSA §7004, sub-§2, ~A, as enacted by PL 1983, c. 459, §7, is 
amended to read: 
A. 
Persons under age 18 years and not married or otherwise emaRcipated; 
Sec. 37. 36 MRSA §2551, sub-§l-A, as enacted by PL 2005, c. 12, Pt. VV, §1, is 
amended to read: 
I-A. 
Community support services. 
"Community support services" means 
rehabilitative services provided to adults at least 18 years of age or to emaRcipated 
childreR that are provided in the context of a supportive relationship pursuant to an 
individual support plan that promotes a person's recovery and integration of the person 
into the community and that sustain the person in that person's current living situation or 
another living situation of that person's choice. "Community support services" iRclude 
includes only those services provided by a designated community support services 
provider licensed by and operating under a contract with the Department of Health and 
Human Services for such services, whether the provider is reimbursed through 
participation in the MaineCare program or with state grant funds. 
SUMMARY 
The bill repeals the laws that allow a minor 16 years of age or older to petition the 
court to be emancipated. 
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