An Act To Correct Errors and Inconsistencies in the Laws of Maine
Maine Legislature, Session 125, LD 1480
Committee Amendment CA_A-HA_E_H670 (House)
Amends: 22 MRSA §4038-E

HOUSE AMENDMENT ,,6 to COMMITTEE AMENDMENT "A" to H.P. 1089, 
L.D. 1480, Bill, "An Act To Correct Errors and Inconsistencies in the Laws of Maine" 
Amend the amendment by adding after Part G the following: 
'PARTH 
Sec. H-l. 22 MRS A §4038-E, sub-§l, "H and J, as enacted by PL 2011, c. 
402, § 15, are amended to read: 
H. A statement of the intent of the biological parents to consent to the adoption; 
1. A statement that the biological parents are entitled to legal counsel in the adoption 
from permanency guardianship proceeding and that, if they want an attorney and are 
unable to afford one, they should contact the court as soon as possible to request 
appointed counsel. 
Sec. H-2. 22 MRSA §4038-E, sub-§6, as enacted by PL 2011, c. 402, §15, is 
amended to read: 
6. Service. The petition and the notice of the case management conference must be 
served on the parent whose rights '""ere teHllinated parents and the guardian ad litem for 
the child at least 10 days prior to the scheduled case management conference date. 
Service must be in accordance with the Maine Rules of Civil Procedure or in any other 
manner ordered by the court. 
Sec. H-3. 22 MRSA §4038-E, sub-§8, ,B, as enacted by PL 2011, c. 402, §15, 
is amended to read: 
B. The child's biological parents, if parental rights ha-ye not been teHllinated; and 
Sec. H-4. 22 MRSA §4038-E, sub-§l1, as enacted by PL 2011, c. 402, §15, is 
amended to read: 
11. Effect of consent to adoption by the parent. An order granting the adoption 
has the following effect. 
A. An order granting the adoption of the child by the permanency guardian divests 
the consenting parent and child of all legal rights, powers, privileges, immunities, 
HOUSE AMENDMENT 
~ .. ", 
HOUSE AMENDMENT "(to COMMITTEE AMENDMENT "A" to H.P. 1089, L.D. 1480 
duties and obligations to each other as parent and child, except the inheritance rights 
between the child and the biological parent. 
B. An adoption order may not disentitle a child to benefits due the child from any 
3rd person, agency, or state or the United States and may not affect the rights and 
benefits that a Native American derives from descent from a member of a federally 
recognized Indian tribe. 
Sec. H-S. Effective date. This Part takes effect 90 days after the adjournment of 
the First Regular Session of the 125th Legislature.' 
Amend the amendment by relettering or renumbering any nonconsecutive Part letter 
or section number to read consecutively. 
SUMMARY 
Public Law 2011, chapter 402 establishes a process to allow a child who is the 
subject of a permanency guardianship to be adopted by the permanency guardian. The 
new law contains inconsistencies when referring to the parents of the child. Because the 
term "parent" is defined in the Maine Revised Statutes, Title 22, section 4002 as "a 
natural or adoptive parent," use of the term "parent" will cover all appropriate situations. 
This amendment deletes the word "biological" where it was incorrectly used. 
Public Law 2011, chapter 402 provides that the petition and the notice of the case 
management conference must be served on the child's parent as well as the guardian ad 
litem, mistakenly referring to this parent as the "parent whose rights were terminated," 
although a child may be the subject of a permanency guardianship without a parent's 
rights being terminated. Public Law 2011, chapter 402 should have required service on 
the parents of the child. This amendment makes this correction. 
This amendment adds an effective date section to make this correction take effect 
when Public Law 2011, chapter 402 takes effect, which is 90 days after the adjournment 
of the First Regular Session of the 125th Legislature. 
SPONSORED BY: ~ 
2utu < 
(Representative NASS 
TOWN: Acton 
HOUSE AMENDMENT