An Act To
Maine Legislature, Session 123, LD 1689
Committee Amendment CA_A_S247 (Senate)
Amends: 22 MRSA §4005-E

COMMITTEE AMENDMENT "A " to S.P. 596, L.O. 1689, Bill, "An Act To 
Amend the Child and Family Services and Child Protection Act" 
II 
Amend the bill by striking out all of sections 2 to 4 (page I, lines 8 to 39 and page 2, 
lines I to 2 in L.O.) and inserting the following: 
'Sec. 2. 22 MRSA §4005-E, as amended by PL 2005, c. 366, §6, IS further 
amended to read: 
§4005-E. Relatives; visitation and access; placement 
1. Grandparent visitation and access. A grandparent who is designated as an 
interested person or a participant under section 4005-0 or who has been granted 
intervenor status under the Maine Rules of Civil Procedure, Rule 24 may request the 
court to grant reasonable rights of visitation or access. When a child is placed in a 
prospective adoptive home and the prospective adoptive parents have signed an adoptive 
placement agreement, a grandparent's right to contact or have access to the child that was 
granted pursuant to this chapter is suspended. If the adoption is not final within 18 
months of adoptive placement, then the grandparent whose rights of contact or access 
were suspended pursuant to this subsection may resume, as a matter of right and without 
further court order, contact with the child in accordance with the order granting that 
contact or access, unless the court determines after a hearing that the contact is not in the 
child's best interests. A grandparent's rights of visitation or access terminate when the 
adoption is finalized pursuant to Title 18-A, section 9-308. Nothing in this section 
prohibits prospective adoptive parents from independently facilitating or permitting 
contact between a child and a grandparent, especially when a court has previously 
ordered rights of contact. 
2. Placement. A grandparent relative who is designated as an interested person or a 
participant under section 4005-0 or who has been granted intervenor status under the 
Maine Rules of Civil Procedure, Rule 24 may request the court to order that the child be 
placed with the grandparent relative. A grandparent relative who has not been designated 
as a participant under section 4005-0 may make the request for placement in writing. In 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A " to S.P. 596, L.D. 1689 
making a decision on the request, the court shall give the grandparents make placement 
with a relative a priority for consideration for placement if that placement is in the best 
interests of the child and consistent with section 4003. 
3. Conviction or adjudication for certain sex offenses; presumption. There is a 
rebuttable presumption that the grandparent relative would create a situation of jeopardy 
for the child if any contact were to be permitted and that contact is not in the best interest 
of the child if the court finds that the grandparent relative: 
A. 
Has been convicted of an offense listed in Title 19-A, section 1653, subsection 
6-A, paragraph A in which the victim was a minor at the time of the offense and the 
grandparent relative was at least 5 years older than the minor at the time of the 
offense except that, if the offense was gross sexual assault under Title 17-A, section 
253, subsection 1, paragraph B or C and the minor victim submitted as a result of 
compulsion, the presumption applies regardless of the ages of the grandparent 
relative and the minor victim at the time of the offense; or 
B. 
Has been adjudicated in an action under Title 22, chapter 1071 of sexually 
abusing a person who was a minor at the time of the abuse. 
The grandparent relative seeking visitation with or access to the child may produce 
evidence to rebut the presumption. 
Amend the bill by striking out all of sections 9 to 13 (page 2, lines 19 to 37 and page 
3, lines I to 19 in L.D.)' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment strikes from the bill provisions that propose to change the standard 
for determining the appropriateness of the placement of a child when in the custody of the 
State in a child protection proceeding. Retained are provisions expanding the status of 
relatives in the determination of placement of a child by the Department of Health and 
Human Services. It also retains the change to mandatory disclosure of information to a 
relative or other person whom the department is investigating for possible custody or 
placement of the child. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/30107 wac 
LD 1689 
LR 2495(02) 
An Act To Amend the Child and Family Services and Child Protection Act 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment ''A " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs to the Judicial Department and the Department of the Attorney General can be absorbed utilizing 
existing budgeted resources. 
LR2495(02) - Fiscal Note - Page 1 of 1