An Act To Provide a Uniform Process for the Use of Orders Awarding Parental Rights and II Responsibilities To Dispose of a Child Protective Case
Maine Legislature, Session 126, LD 1107
Committee Amendment CA_A_H318 (House)

COMMITTEE AMENDMENT" f}" to H.P. 776, L.D. 1107, Bill, "An Act To 
Provide a Uniform Process for the Use of Orders Awarding Parental Rights and 
II 
Responsibilities To Dispose of a Child Protective Case" 
Amend the bill in section I in subsection I-A in the first paragraph in the 5th to 7th 
lines (page 1, lines 8 to lOin L.D.) by striking out the following: "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." and inserting the following: 'The court shall ensure 
that proper notice was given that the child protective case may be disposed of through an 
order awarding parental rights and responsibilities upon request of a parent.' 
Amend the bill in section 1 in subsection I-A in paragraph A in the first line (page 1, 
line 12 in L.D.) by inserting after the following: "shall" the following: 'direct the clerk to' 
Amend the bill in section 1 in subsection I-A in paragraph D in the last line (page 1, 
line 33 in L.D.) by striking out the following: "and" 
Amend the bill in section I in subsection I-A by inserting after paragraph D the 
following: 
'D-l. The court may either: 
(1) Immediately dismiss the child protection action; or 
(2) Enter a provisional order awarding parental rights and responsibilities and, 
after the passage of a period set by the court not to exceed 6 months, the child 
protection action must be dismissed, with the order awarding parental rights and 
responsibilities becoming permanent, unless there is good cause shown in writing 
to continue the child protection action; and' 
Amend the bill in section 1 in subsection I-A by striking out paragraph F (page 1, 
lines 37 to 41 in L.D.) and inserting the following: 
'F. +he When a provisional order awarding parental rights and responsibilities is 
entered under paragraph D-l, subparagraph (2), the court may terminate the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "I]" to H.P. 776, L.D. 1\07 
appointments of the guardian ad litem and attorneys for parents and guardians. When 
the child protection action is dismissed under paragraph D-I, subparagraph (1) or (2), 
the court may shall terminate the appointments of the guardian ad litem and attorneys 
for parents and guardians, in ,+vhich case. After the appointments are terminated, the 
attorneys and guardian ad litem have no further responsibilities to their clients or the 
court.' 
S~RY 
The bill requires notice to the parties that a family matters case will be opened to 
dispose of the child protective case through the use of an order awarding parental rights 
and responsibilities. This amendment clarifies that the court must ensure that proper 
notice is given, but, unlike the bill, does not apply Rule 4 of the Maine Rules of Civil 
Procedure. 
This amendment requires that the court direct the clerk to open a family matters case 
on behalf of the parties. 
This amendment provides that the court, upon entering an order awarding parental 
rights and responsibilities, may dismiss the child protection action or, if the order is a 
provisional order awarding parental rights and responsibilities, direct that the child 
protection action must be dismissed upon the expiration of a period not to exceed 6 
months, at which point the provisional order becomes permanent. 
This delay in 
dismissing the child protection action gives the court time to assess whether the 
provisional order awarding parental rights and responsibilities will meet the best interests 
of the child. 
The case will be dismissed unless good cause is shown in writing to 
continue the case. If the order is provisional, the court has discretion as to whether 
appointment of the guardian ad litem and any attorneys should be terminated before the 
dismissal of the child protection action. 
. 
The bill provides that when a child protection action is dismissed, the court shall 
terminate the appointments of the guardian ad litem and the attorneys. 
COMMITTEE AMENDMENT