An Act To Prohibit Unauthorized Custody Transfers of Children
Maine Legislature, Session 127, LD 1342
Committee Amendment CA_A_H410 (House)
Amends: 17-A MRSA §553

COMMITTEE AMENDMENT" A" to H.P. 911, L.D. 1342, Bill, "An Act To 
Prohibit Unauthorized Custody Transfers of Children" 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 17-A MRSA §553, sub-§l, as amended by PL 2001, c. 383, §68 and 
affected by §156, is further amended to read: 
1. 
A person is guilty of abandonment of a child if, being a parent, guardian or other 
person legally charged with the long-term care and custody of a child under 14 years of 
age, or being a person to whom the long-term care and custody of a child under 14 years 
efage has been expressly delegated: 
A. The person leaves the child who is less than 14 years of age in a place with the 
intent to abandon the child. Violation of this paragraph is a Class D crime; er 
B. The person leaves the child who is less than 6 years of age in a place with the 
intent to abandon the child. Violation of this paragraph is a Class C crime7;' 
C. The person, with the intent to avoid or divest the person of permanent parental 
responsibility, places the child who is less than 18 years of age with or transfers the 
physical custody of the child to a nonrelative without court approval. Violation of 
this paragraph is a Class D crime; or 
D. The person, with the intent to avoid or divest the person of permanent parental 
responsibility, places the child who is less than 6 years of age with or transfers the 
physical custody of the child to a nonrelative without court approval. Violation of 
this paragraph is a Class C crime, 
Sec.2. 17-A MRSA §553, sub-§5 is enacted to read: 
5. It is an affirmative defense to a prosecution under subsection 1, paragraph C or D 
that the person, due to the incarceration, military service, medical treatment or incapacity 
of the person, temporarily placed the child or transferred the physical custody of the' child 
for a designated short-term period with a specific intent and time period for the return of 
the child.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENf" A, to H.P. 911, L.D. 1342 
Amend the bill in section 2 in subsection (a) in paragraph (10) in the last line (page 2, 
line 3 in L.D.) by shiking out the following: "533-A" and inserting the following: '553, 
subsection 1, paragraphs C and D' 
Amend the bill in section 3 in subsection (h) in the last line (page 2, line 7 in L.D.) by 
striking out the following: "533-A" and inserting the following: '553, subsection 1, 
paragraphs C and D' 
Amend the bill in section 4 in subsection (a) in paragraph (5-A) in the last line (page 
2, line 24 in L.D.) by shiking out the following: "533-A" and inserting the following: 
'553, subsection 1, paragraphs C and D' 
Amend the bill in section 5 in §9-313 in subsection 2 in the fIrst line (page 3, line 3 in 
L.D.) by striking out the following: "Except as provided in subsection 3, a" and inserting 
the following: 'A' 
Amend the bill in section 5 in §9-313 in subsection 2 in paragraph D in the fIrst line 
(page 3, line 11 in L.D.) by inserting after the following: "adopt" the following: 'or 
otherwise take into pennanent custody' 
Amend the bill in section 5 in §9-313 by striking out all of subsection 3 (page 3, lines 
to 17 in L.D.) 
Amend the bill in section 5 in §9-313 in subsection 5 in the fIrst line (page 3, line 23 
in L.D.) by shiking out the following: "or 3" 
Amend the bill in section 5 in §9-313 in subsection 5 in the last line (page 3, line 24 
in L.D.) by shiking out the following: "$10,000" and inserting the following: '$5,000' 
Amend the bill in section 5 in §9-313 by renumbering the subsections to read 
consecutively. 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment deletes from the bill the proposed new crime of unlawful transfer of 
long-tenn care and custody of a child and replaces it with amendments to the existing 
crime of abandorunent of a child, prohibiting substantially the same conduct. 
This 
amendment adds to the crime of abandorunent of a child a prohibition on placing a child 
with or transferring the physical custody of a child to a nonrelative without court 
approval. If the child is less than 6 years of age, the crime is a Class C crime and if the 
child is less than 18 years of age, the crime is a Class D crime. This amendment creates 
an affinnative defense that the placement or transfer of custody of the child is due to the 
incarceration, military service, medical treahnent or incapacity of the person and is 
temporary and for a designated short-tenn period with a specific intent and time period 
for the return of the child. 
This amendment clarifIes that a person is prohibited from advertising for the purpose 
of finding a person to take into pennanent custody a particular child; current law provides 
that a person is prohibited from advertising for the purpose of fInding a person to adopt a 
child. This amendment removes from the provision in the bill prohibiting advertising the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A "to lIP. 911, L.D. 1342 
prohibition on publication and reduces the penalty for advertising to a maximum of 
$5,000. 
The bill provides an exemption from the advertising prohibitions for the 
Department of Health and Human Services and licensed child-placing agencies, as well 
as attorneys advertising their availability to provide legal services relating to adoption. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/31/1 5 
.?!Pac 
LD 1342 
LR 1766(02) 
An Act To Prohibit Unauthorized Custody Transfers of Children 
Fiscal Note for Bill as Amended by Committee Amendment ~I( ~-~I3) 
Committee: Judiciary 
. 
Fiscal Note Required: Yes. 
Fiscal Note 
Minor cost ipcrease - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of Health and Human Services to adopt the changes in this bill are expected to 
be m ino\' and can be absorbed within existing budgeted resources. 
LRI766(02) - Fiscal Note - Page 1 of 1