An Act To Clarify the Policy for Withdrawal of Life Support from Minors
Maine Legislature, Session 127, LD 1117
Committee Amendment CA_A_S232 (Senate)

COMMITTEE AMENDMENT" A" to S.P. 389, L.D. 1117, Bill, "An Act To 
Clarify the Policy for Withdrawal of Life Support from Minors" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRS A §4037, as amended by PL 1995, c. 694, Pt. D, §44 and affected 
by Pt. E, §2, is repealed and the following enacted in its place: 
§4037. Authority of custodian 
When custody of the child is ordered to the department or other custodian under a 
preliminary or final protection order, the custodian has full custody of the child subject to 
the terms of the order and other applicable law. 
1. Adoption. Custody does not include the right to initiate adoption proceedings 
without parental consent, except as provided under Title 18-A, section 9-302. 
2. Withhold or withdraw life-sustaining medical treatment. Except as provided 
in paragraphs A and B, the custodian may not withhold or withdraw life-sustaining 
medical treatment. 
A. The custodian may withhold or withdraw life-sustaining medical treatment if the 
parental rights of the parents of the child have been terminated pursuant to section 
4055 and the custodian determines that withholding or withdrawing life-sustaining 
medical treatment is in the best interests of the child after considering the factors in 
paragraph C and the opinions of the child's treating physicians. 
B. If the parental rights of one or more parent of the child have not been terminated, 
the custodian under a preliminary or final child protection order may withhold or 
withdraw life-sustaining medical treatment: 
(1) If the parent or parents whose parental rights have not been terminated 
consent to the custodian having that authority and the custodian determines that 
withholding or withdrawing life-sustaining medical treatment is in the best 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 389, L.D. 1117 
interests of the child after considering the factors in paragraph C and the opinions 
of the child's treating physicians; or 
(2) If any parent whose parental rights have not been terminated does not 
consent, after notice and hearing, the District Court finds by clear and convincing 
evidence that: 
Ca) 
All of the nonconsenting parents are unfit under one or more of the 
grounds for termination in section 4055, subsection 1, paragraph B, 
subparagraph (2), division Cb); and 
Cb) Withholding or withdrawing life-sustaining medical treatment is in the 
best interests of the child. 
C. 
Withholding or withdrawing life-sustaining medical treatment is in the best 
interests of the child if the child is in a persistent vegetative state or suffers from 
another irreversible medical condition that severely impairs mental and physical 
functioning, with poor long-term medical prognosis, and the child would experience 
additional pain and suffering if life-sustaining medical treatment were administered.' 
SUMMARY 
This amendment replaces the bill. It limits the application of the new provisions 
relating to withholding or withdrawing life-sustaining medical treatment to situations in 
which a child is in the custody of the Department of Health and Human Services. This 
amendment provides that a custodian of a child does not have the authority to withhold or 
withdraw life-sustaining medical treatment from a minor except in two situations. The 
custodian has the authority when the parental rights to the child have been terminated and 
it is in the child's best interests. The custodian also has the authority when the parental 
rights have not been terminated but the parents consent to that authority or, if the parents 
do not consent, the court determines that the nonconsenting parents are unfit by using the 
existing criteria in the statutes to determine the termination of parental rights and by 
determining that withholding or withdrawing life-sustaining medical treatment is in the 
best interests of the child. This amendment includes a description of when withholding 
or withdrawing life-sustaining medical treatment is in the best interests of the child. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/03/15 
;$PaC!-
LD 1117 
LR 1815(02) 
An Act To Clarify the Policy for Withdrawal of Life Support from Minors 
Fiscal Note for Bill as Amended by Committee Amendment ''N-'(.s -~3c::2 ) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
LR 1815(02) - Fiscal Note - Page I of I