An Act To Ensure Rights to Children for Caretaker Relatives
Maine Legislature, Session 124, LD 1624
Committee: Judiciary
Sponsors: PERRY, HASKELL
Amends: 19-A MRSA §1803

MAINE STATE LEGISLATURE 
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124thMAINE LEGISLATURE 
Legislative Document 
No.1 
H.P.1152 
House of Representatives,December 23,2009 
An Act To Ensure Rights to Children for Caretaker Relatives 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Ruk 
203. 
. 
Received by the Clerk of the House on December 21,2009. Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative PERRY of Calais. 
~771dJ~ 1/1. m!!£~{ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: HASKELL of Portland,. SIROIS of Turner. 
Printl!u \,.\11 n:t.:ycleu pap!!!' 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 18-A MRS A §9-308, suh-§(e), as amended by PL 2001, c. 696, §9, is 
further amended to read: 
' 
(e). 
The department shall notify the grandparents relative of a child when the child 
is placed for adoption if the department has received notice that the grandparents were 
relative was granted reasonable rights of visitation or access under Title 19-A, chapter 59 
or Title 22, section 4005-E. 
. 
Sec. 2. 19-A MRS A §1801, as enacted by PL 1995; c. 694, Pt. B, §2 and affected 
9by Pt. E, §2, is amended to read: 
§1801. Short title 
This chapter is known and may be cited as the "Grandparents Relatives Visitation 
Act." 
Sec. 3. 19~A MRS A §1802, lS enacted byPL 1995, c. 694, Pt. B, §2and affected 
by Pt. E, §2, is ainended to read: 
§1802 .. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. Grandparent. "Grandparent" -is: means a biological or adoptive parent of a child's 
biological or adoptive parent or the spouse of a biological or adoptive parent of a child's 
biological or adoptive parent.. "Grandparent" includes a biological or adoptive parent ofa 
child's biological or adoptive parent whose parental rights have been terminated pursuant 
to Title 18 A, section 9204 or Title 22, chapter 1071, subchapter VI, but only until the 
ohild's adontion. 
2. Aunt. "Aunt" means a biological or adoptive sister of a child's biological or 
adoptive parent or the spouse of a biological or adoptive brother of a child's biological or 
adoptive parent. 
. . 
3. 
Relative. 
"Relative" means a grandparent, an aunt, an uncle or a sibling. 
"Relative" includes a grandparent, aunt, uncle or sibling who is related to a child's, 
biological or adoptive parent whose parental rights have been terminated pursuant to Title 
18-A, section 9-204 or Title 22, chapter 1071, subchapter 6, but only until the child's 
adoption. 
4. Sibling. "Sibling" means a biological or adoptive brother or sister of a child. 
.. Uncle. '''Uncle'' means a biological or adoptive brother of a child's biological or 
adoptive parent or the spouse of a biological or adoptive sister of a child's biological or 
adoptive parent. 
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Sec. 4. 19-A MRSA §1803, as amended by PL 2007, c. 513, §4, is furth~r 
amended to read: 
§1803. Petition 
1. Standing to petition for visitation rights. A grandparent relative of a minor 
child may petition the court for reasonable rights of visitation or access if: 
A. 
At least one of the child's parents or legal guardians has died; 
B. 
There is a sufficient existing relationship betwee~ the grandparent relative and 
the child; or 
C.' When a sufficient existing relationship between the grandparent relative and the 
child does not exist, a sufficient effort to establish one has been made. 
I-A. Sufficient existing relationship; presumption. For purposes of this section, a 
sufficient existing relationship is presumed to exist between a child and a relative if the 
child has been intentionally left, without good cause, in the sole financial care and 
physical custody of that relative for 18 months or longer. The active military service of a 
parent constitutes good cause under this subsection. 
2. Procedure. The following procedures apply to petitions for rights of visitation or 
access under subsection 1, paragraph B or C. 
" 
A. 
The grandparent relative must file with the petition for rights of visitation or 
access an affidavit alleging a sufficient existing relationship with the child, or that ' 
sufficient efforts have been made to establish a relationship with the child. When the 
petition and accompanying affidavit are filed with the court, the grandparent relative 
shall serve a copy of both on at least one of the parents or legal guardians of the child, 
B. 
The parent or legal guardian of the child may file an affidavit in response to the 
grandparent's relative's petition and accompanying affidavit. When the affidavit in 
response is filed with the court, the parent or legal guardian shall deliver a copy to the 
e:randoarent relative. 
C. 
The court shall determine on the basis of the petition and the affidavit whether it 
. is more likely than not that there is a sufficient existing relationship or, if a sufficient 
relationship does not exist, that a sufficient effort to establish one has been made. 
D. 
If the court's determination under paragraph C is in the affirmative, the court 
may appoint a guardian ad litem as provided in section 1507. The court shall hold a 
hearing on the grandparent's relative's petition for reasonable rights of visitation or 
access and shall consider any objections the parents or legal guardians may have 
concerning the award of rights of visitation or access to the grandparent relative. If 
the court has appointed a guardian ad litem, the coilrt shall also consider the report of 
the giJardian ad litein. The standard for the award of reasonable rights of visitation or 
access is provided in subsection 3. 
3. Best interest of the child. The court may grant a grandparent relative reasonable 
rights of visitation or access to a minor child upon finding that rights of visitation or 
access are in the best interest of the child and would not significantly interfere with any 
parent-child relationship or with the parent's rightful authoritY over the child. In applying 
this standard, the court shall consider the following factors: 
A. 
The age of the child; 
B. 
The relationship of the child with the child's gran~parents relative, including the 
amount of previous contact; . 
. 
C. 
The preference of the child, if old enough to express a meaningful preference; 
D. 
The duration arid adequllcy of the child's current living arrangements and the 
desirability of maintaining continuity; 
E. 
The stability of any proposed living arrangements for the child; 
.. 
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F. 
The motivation of the parties involved and their capacities to give the child love, 
affection and guidance; 
. 
O. 
The child's adjustment to the child's present home; school and community; 
H. 
The capacity of the parent and grandparent relative to cooperate or to learn to 
cooperate in child care; 
. 
I. 
Methods of assisting cooperation and resolving disputes and each person's 
willingness to use those methods; 
. J. 
Any other-factor having a reasonable bearing on the physical and psychological 
well-being of the child; and 
K. 
The existence of a grandparent's relative's conviction for a sex offense or a 
sexually violent offense as those terms are defined in Title 34-A, section 11203. 
4. Modification or termination. The court may modify or terminate any rights 
granted under this section as circumstances require. Modification or termination of rights 
must be consistent. with this section. 
5. Enforcement. The court may issue any orders necessary to enforce orders issued 
under this section or to protect the rights of parties .. 
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7. Supervision r-equired; convictions for sexual offenses. Notwithstand'ing any 
other provision of this chapter,· the court may award a grandparent relative who· is 
convicted of a child-related sexual offense visitation with a minor grandchild child only if 
. 
the court finds that contact b~tween the gTandparent relative and the child is in the best 
interest of the child and that adequate provision for the safety of the chUd can be made.· 
For purposes of this section, "child-related sexual offense" has the same meaning as in 
section 1653, subsection 6-A. 
The court may require that visitation may occur only if there is another person or agency 
present to supervise visitation. If the court allows a family or household member to 
supervise grandparent child relative-child con~act, the court shall establish conditions to 
be followed during that contact. Conditions include, but are not .limited to, those that: 
A. 
Minimize circumstances when the family of th-e grandparent relative who is a 
sex offender or sexually violent predator would be supervising visits; 
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B. 
Ensure the safety and well-bein~ of the child; and 
C. 
Require that supervision be provided by a person who is physically and mentally 
capable of supervising a visit and who does not have a criminal history or history of 
abuse or neglect. 
8. 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 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, or an offense in another jurisdiCtion that 
involves conduct that is substantially similar to that contained in 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 2'randnarent 
relative and the minor victim at the time of the offense; or 
B. 
Has been adjudicat~d 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 contact with the child may present evidence to rebut the 
presumption. 
Sec. 5. Maine Revised Statutes headnote amended; revision clause. In the 
Maine Revised Statutes, Title 19,.A, chapter 59, in the chapter headnote, the words 
"visitation rights of grandparents" are amended to read "visitation rights of relatives" and 
the Revisor of Statutes shall implement this revision when updating, publishing or 
repUblishing the statutes. 
SUMMARY 
Current law authorizes grandparents to petition for visitation rights to their 
grandchildren under certain specified conditions. This bill extends the laws governing 
grandparent visitation to apply to' aunts; uncles, spouses of aunts and uncles, siblings and 
spouses of grandparents. This bill also establishes a presumption that a sufficient existing 
relationship exists between a child and"a relative if the child has been left in the care and 
custody ofthe relative for 18 months or more.