An Act To Establish Child Custody and Domestic Violence Presumptions
Maine Legislature, Session 124, LD 1143
Committee Amendment CA_A_H472 (House)
Committee: Judiciary no later than

COMMITTEE AMENDMENT" A" to H.P. 787, L.D. 1143, Bill, "An Act To 
Establish Child Custody and Domestic Violence Presumptions" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, Directing a Study of Domestic Violence and Parental Rights and 
Responsibilities' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Sec. 1. Study. Resolved: That the Maine Commission on Domestic and Sexual 
Abuse shall study domestic abuse, parental rights and responsibilities and the protection 
from abuse process, including the laws and practices govemingparental rights when 
domestic abuse is alleged or suspected. The study must include: 
1. A review of how the best interests of the child are determined; 
2. An examination of the issues concerning the presentation of evidence that 
accurately portrays domestic violence and its effects in the family relationship; 
3. How other states have addressed domestic violence when establishing parental 
rights and responsibilities, including the adoption of rebuttable presumptions, and how 
those procedures are working in those states; 
4. Whether misuse of the protection from abuse process is happening and, if so, why 
and to what extent the misuse is occurring and whether there are problems with the 
process itself that lead participants to the conclusion that the process is biased, unfair or 
inconsistently applied; and 
5. A review of the training provided to the judiciary and guardians ad litem 
concerning domestic abuse and parental rights and responsibilities; and be it fllliher 
Sec. 2. Participation. Resolved: That the commission shall invite interested 
parties to paIiicipate in the study, including but not limited to: the Family Law Advisory 
Commission; the Maine Coalition to End Domestic Violence; the Maine Guardian Ad 
Page I - 124LR0902(02)-1 
COMMITTEE AMENDMENT, 
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COMMITTEE AMENDMENT" A " 
to H.P. 787, L.D. 1143 
Litem Institute; the Family Law Section of the Maine State Bar Association; the judicial 
branch; the Maine Association of Criminal Defense Lawyers; and any others the 
commission determines helpful to the study; and be it further 
' 
Sec. 3. Report; legislation. Resolved: 
That the commission shall submit a 
report to the Joint Standing Committee on Judiciary no later than February 1,2010. The 
report must summarize the activities of the commission, identifY the participants in the 
study under section 1 and include recommendations for action by the legal profession, the 
judicial branch, advocates for victims of domestic violence, law enforcement and 
prosecutors. The report may include recommendations for further' data collection, 
research and analysis to address the subjects that are included in the study. The report 
may include recommended legislation. The Joint Standing Committee on Judiciary may 
report out legislation to the 124th Legislature in 2010 based on the report.' 
SUMMARY 
This amendment deletes the bill, changes the title and replaces it with a resolve 
directing the Maine Commission on Domestic and Sexual Abuse to undertake a study on 
domestic violence, parental rights and responsibilities and the protection from abuse 
process. The commission shall invite interested parties to participate and shall report to 
the Joint Standing Committee on Judiciary by February 1,2010. The report may include 
recommendations for further data collection, research and analysis to address the subjects 
that are included in the study. The committee may report out legislation to the 124th 
Legislature in 2010. 
COMMI 
FISCAL NOTE REQUIRED 
(See attached) 
EE AMENDMENT 
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Approved: OS/22/09 #ac::.. 
LD 1143 
LR 902(02) 
An Act To Establish Child Custody and Domestic Violence Presumptions 
Fiscal Note for Bill as Amen~ed by Committee Amendment "A, 
Committee: judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
The additional costs to the member agencies of the Maine Commission on Domestic and Sexual Abuse can be 
absorbed utilizing existing budgeted resources. 
LR0902(02) -Fiscal Note - Page 1 of 1