An Act To Provide Greater Permanency for Children in Child Protection Proceedings
Maine Legislature, Session 123, LD 1048
Committee: Judiciary
Sponsors: FAIRCLOTH, COURTNEY, CONOVER, HILL, TARDY
Amends: 4 MRSA §152

Legislative Document 
No. 1048 
H.P.766 
House of Representatives, March 6, 2007 
An Act To Provide Greater Permanency for Children in Child 
Protection Proceedings 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative FAIRCLOTH of Bangor. 
Cosponsored by Senator COURTNEY of York and 
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/J7·711~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: CONOVER of Oakland, HILL of York, TARDY of Newport. 
Printed on recycll!d paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 4 MRSA § 152, sub-§ 13, as enacted by PL 1999, c. 731, Pt. ZZZ, §4 and 
affected by §42, is amended to read: 
13. Desertion and nonsupport. Jurisdiction over complaints for desertion and 
nonsupport or nonsupport of dependents in the district where either the spouse, the 
dependent or the respondent resides; tmd 
Sec. 2. 4 MRS A §152, sub-§14, as enacted by PL 1999, c. 731, Pt. ZZZ, §4 and 
affected by §42, is amended to read: 
14. Civil violations. Jurisdiction over all civil violations, as provided in Title 17-A, 
section 9, and traffic infractions"; and 
Sec. 3. 4 MRSA §152, sub-§15 is enacted to read: 
15. Adoption. Concurrent with the Probate Court, jurisdiction over petitions for 
adoption when the termination of parental rights has been ordered by the District Court 
under Title 22, chapter 1071, subchapter 6. 
Sec. 4. IS-A MRSA §9-103, sub-§(a), as enacted by PL 1995, c. 694, Pt. C, §7 
and affected by Pt. E, §2, is amended to read: 
(a). The Probate Court has exclusive jurisdiction over the following: 
(1). PetitioflS Except as provided in subsection (c), petitions for adoption; 
(2). Consents and reviews of withholdings of consent by persons other than a parent; 
(3). Surrenders and releases; 
(4). Termination of parental rights proceedings brought pursuant to section 9-204; 
(5). 
Proceedings to determine the rights of putative fathers of children whose 
adoptions or surrenders and releases are pending before the Probate Court; and 
(6). Reviews conducted pursuant to section 9-205. 
Sec. 5. IS-A MRSA §9-103, sub-§(c) is enacted to read: 
(e). The Probate Court and the District Court have concurrent jurisdiction over 
petitions for adoption when the termination of parental rights has been ordered by the 
District Court under Title 22, chapter 1071, subchapter 6. 
Sec. 6. 22 MRSA c. 1071, sub-c. 6-A is enacted to read: 
SUBCHAPTER 6-A 
Page I - 123LR0241(OI)-1 
ADOPTION 
§4060. Adoption 
1. Jurisdiction. A petition for adoption may be filed in District Court if the parental 
rights were terminated pursuant to subchapter 6. A petition for adoption may also be 
brought in a Probate Court as provided in Title 18-A, article 9. 
2. Venue. A petition for adoption must be brought in the court that issued the order 
terminating parental rights. The court, for the convenience of the parties or other good 
cause, may transfer the petition to another district or division. 
3. Applicable law. Title 18-A, article 9 applies to adoptions initiated under this 
subchapter, and references to the Probate Court in Title 18-A, article 9 refer to the 
District Court. 
SUMMARY 
This bill gives the District Court jurisdiction over adoptions that follow the 
termination of parental rights in child protection cases. The Probate Court continues to 
have jurisdiction over these adoptions.