An Act To Provide a Uniform Process for the Use of Orders Awarding Parental Rights and Responsibilities To Dispose of a Child Protective Case
Maine Legislature, Session 126, LD 1107
Committee: Judiciary
Sponsors: FREY
Amends: 22 MRSA §4036

Legislative Document 
No. 1107 
H.P. 776 
House of Representatives, March 19, 2013 
An Act To Provide a Uniform Process for the Use of Orders 
Awarding Parental Rights and Responsibilities To Dispose of a 
Child Protective Case 
Reference to the Committee on Judiciary suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative FREY of Bangor. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §4036, sub-§1-A, as enacted by PL 2007, c. 256, §1, is 
amended to read: 
1-A.  Parental rights and responsibilities orders. Upon request of a parent, the 
court may enter an order awarding parental rights and responsibilities pursuant to Title 
19-A, section 1653 if the court determines that the order will protect the child from 
jeopardy and is in the child’s best interest as defined in Title 19-A, section 1653, 
subsection 3.  Before the order is issued, the court shall require notice of intent to dispose 
of the child protective case through an order awarding parental rights and responsibilities 
made pursuant to the Maine Rules of Civil Procedure, Rule 4.  If the court enters an order 
pursuant to this subsection: 
A.  The court shall open a family matters case on behalf of the parties and require the 
case to be appropriately docketed without a separate initial filing by the parties.  The 
court shall require the parties to complete the income affidavits, child support 
worksheets and supporting documentation as required in Title 19-A, chapter 63.  The 
court shall enter the order has the same force and effect as other orders entered 
awarding parental rights and responsibilities pursuant to Title 19-A, section 1653; 
A-1.  The order awarding parental rights and responsibilities may not include 
reference to or discussion of the child protective case, although the court may identify 
any jeopardy that remains as a finding of fact.  Child protective case documents are 
confidential, and the court shall seal and keep confidential any documents from the 
child protective case that are made a part of the record of the family matters case 
opened under paragraph A; 
B.  The order awarding parental rights and responsibilities is subject to modification 
or termination in the same manner as other orders entered pursuant to Title 19-A, 
section 1653; 
C.  Any person who requests a modification or termination of the order awarding 
parental rights and responsibilities must serve the department with the motion or 
petition; 
D.  The department is not a party to proceedings to modify or terminate the order 
awarding parental rights and responsibilities unless otherwise ordered by the court.  
This paragraph may not be construed to limit the department's ability to request a 
judicial review pursuant to section 4038, subsection 2; and 
E.  Notwithstanding section 4038, the court may order that further judicial reviews 
may not be held unless requested by a party and, notwithstanding section 4038-B, 
may order that further permanency planning hearings may not be held; and 
F.  The After the order awarding parental rights and responsibilities is entered, the 
court may shall terminate the appointments of the guardian ad litem and attorneys for 
parents and guardians, in which case. After the appointments are terminated, the 
attorneys and guardian ad litem have no further responsibilities to their clients or the 
court. 
SUMMARY 
This bill amends the child protection law to make clear that the court has authority to 
completely dispose of a child protective case by entering an order awarding parental 
rights and responsibilities under Title 19-A, section 1653.  This bill requires the court, 
rather than the parties, to open a new family matters case and have it docketed; the parties 
are required to file the income affidavits, child support worksheets and supporting 
documentation as are required in all family matters cases.  The order awarding parental 
rights and responsibilities is entered pursuant to Title 19-A, section 1653 and is subject to 
modification and enforcement as are all other orders issued under Title 19-A, section 
1653. 
No mention of the child protective case may be included in the order awarding 
parental rights and responsibilities.  If jeopardy continues to exist, the court may include 
that as a finding of fact.  Child protective case documents are confidential and the court is 
required to seal and keep confidential any documents from the child protective case that 
are made a part of the record of the family matters case. 
This bill repeals the authority of the court to order child protective reviews once the 
order awarding parental rights and responsibilities is entered.  The court is required to 
terminate the appointment of the guardian ad litem and the attorneys for the parents and 
guardians upon entering the order awarding parental rights and responsibilities.