Resolve, To Study Adoption Laws and Practices
Maine Legislature, Session 123, LD 0391
Committee: Judiciary
Sponsors: SIMPSON, HASTINGS, BERUBE, BRYANT, DILL, FAIRCLOTH, HOLMAN, MILLS, WATSON, NUTTING

Legislative Document 
No. 391 
H.P.307 
House of Representatives, January 26, 2007 
Resolve, To Study Adoption Laws and Practices 
(EMERGENCY) 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative SIMPSON of Auburn. 
Cosponsored by Senator HASTINGS of Oxford and 
71l~ 
/J7·md£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BERUBE of Lisbon, BRYANT of Windham, DILL of Cape Elizabeth, 
FAIRCLOTH of Bangor, HOLMAN of Fayette, MILLS of Farmington, WATSON of Bath, 
Senator: NUTTING of Androscoggin. 
. 
Printt!u ()I\ re9ded paper 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Adoption Laws and Practices Task Force is created to review and 
make recommendations about adoption laws and practices; and 
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted during the next legislative session; 
and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. Task force established. Resolved: 
That the Adoption Laws and 
Practices Task Force, referred to in this resolve as "the task force," is established; and be 
it further 
Sec. 2. Task force membership. Resolved: That the task force consists of 17 
members appointed as follows: 
1. One member of the Senate, appointed by the President of the Senate; 
2. Two members of the House of Representatives, appointed by the Speaker of the 
House of Representatives; 
3. Two members representing adoptees, one appointed by the President of the Senate 
and one appointed by the Speaker of the House of Representatives; 
4. Two members representing adoptive parents, one appointed by the President of the 
Senate and one appointed by the Speaker of the House of Representatives; 
5. Two members representing birth parents, one appointed by the President of the 
Senate and one appointed by the Speaker of the House of Representatives; 
6. Two members representing adoption agencies or other entities providing adoption 
services, one appointed by the President of the Senate and one appointed by the Speaker 
of the House of Representatives; 
7. 
Two members representing lawyers with experience in adoption law, one 
appointed by the President of the Senate and one appointed by the Speaker of the House 
of Representatives; 
8. Two members representing probate courts and probate registers, one appointed by 
the President of the Senate and one appointed by the Speaker of the House of 
Representatives; 
9. 
The Commissioner of Health and Human Services or the commissioner's 
designee; and 
Page I - 123LR0690(Ol)-1 
10. The Attorney General or the Attorney General's designee; and be it further 
Sec. 3. Chairs. Resolved: That the Senate member is the Senate chair of the task 
force and the first-named House of Representatives member is the House chair of the task 
force; and be it further 
Sec. 4. 
Appointments; convening of task force. 
Resolved: 
That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed. Within 15 days after appointment 
of all members, the chairs shall call and convene the first meeting of the task force, which 
may be no later than September 15, 2007; and be it further 
Sec. 5. Duties. Resolved: That the task force shall conduct a review of adoption 
laws and practices and propose a comprehensive public policy addressing the Issues 
involved in adoption laws and practices. 
1. The task force shall: 
A. Identify laws that relate to adoption; 
B. Identify court jurisdiction over adoption-related issues; 
C. Review paternity issues; 
D. Consider appropriate accessibility to birth and family information, consistent with 
existing and proposed federal requirements and identity theft concerns; 
E. Determine the relation of the "safe haven" law to adoption issues; 
F. Identify all interests affected by adoption laws and practices; 
G. Review trends in other states concerning adoption laws and practices; 
H. Propose an adoption public policy blueprint; and 
I. Draft a comprehensive revision of all adoption laws consistent with the adoption 
public policy blueprint. 
2. The task force may: 
A. Hold informational sessions and discussions with experts, interested parties and 
practitioners; and 
B. Hold a public hearing in Augusta; and be it further 
Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide 
necessary staffing services to the task force; and be it further 
Sec. 7. Compensation. Resolved: That the legislative members of the task force 
are entitled to receive the legislative per diem, as defined in the Maine Revised Statutes, 
Title 3, section 2, and reimbursement for travel and other necessary expenses related to 
their attendance at authorized meetings of the task force. Public members not otherwise 
compensated by their employers or other entities that they represent are entitled to receive 
reimbursement of necessary expenses and, upon a demonstration of financial hardship, a 
per diem equal to the legislative per diem for their attendance at authorized meetings of 
the task force; and be it further 
Sec. 8. Report. Resolved: That, no later than December 5, 2007, the task force 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, for presentation to the Joint Standing Committee on Judiciary and the 
Legislative Council. The task force is authorized to introduce legislation related to its 
report to the Second Regular Session at the time of submission of its report; and be it 
further 
Sec. 9. Extension. Resolved: That, if the task force requires a limited extension 
of time to complete its study and make its report, it may apply to the Legislative Council, 
which may grant an extension; and be it further 
Sec. 10. Task force budget. Resolved: That the chairs of the task force, with 
assistance from the task force staff, shall administer the task force's budget. Within 10 
days after its first meeting, the task force shall present a work plan and proposed budget 
to the Legislative Council for its approval. The task force may not incur expenses that 
would result in the task force's exceeding its approved budget. Upon request from the 
task force, the Executive Director of the Legislative Council shall promptly provide the 
task force chairs and staff with a status report on the task force budget, expenditures 
incurred and paid and available funds. 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This resolve creates the Adoption Laws and Practices Task Force. The task force 
consists of 3 Legislators and 14 other members representing various participants in the 
adoption process. The task force is charged with reviewing all the laws and practices 
relating to adoption, proposing a revision of the laws and proposing a comprehensive 
public policy concerning adoption.