An Act To Ensure a Continuing Home Court for Cases Involving Children
Maine Legislature, Session 127, LD 0890
Committee Amendment CA_A_H522 (House)
Amends: 4 MRSA §152, 4 MRSA §157, 4 MRSA §251, 4 MRSA §251-A, 18-A MRSA §1, 18-A MRSA §5, 18-A MRSA §9

COMMITTEE AMENDMENT "A" to H.P. 609, L.D. 890, Bill, "An Act To 
Ensure a Continuing Home Court for Cases Involving Children" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 4 MRSA §152, sub-§5-A is enacted to read: 
5-A. Actions involving minors under Title 18-A. Exclusive jurisdiction of actions 
for guardianship, adoption, change of name or other matters involving custody or other 
parental rights brought under Title 18-A if proceedings involving custody or other 
parental rights with respect to a minor child, including but not limited to adoption, 
divorce, parental rights and responsibilities, grandparents' rights, protective custody, 
change of name, guardianship, paternity, termination of parental rights and protection 
from abuse or harassment, are pending in the District Court. 
A. The District Court presiding over any matter involving custody or other parental 
rights with respect to a minor child shall require all parties to disclose whether they 
have knowledge of: 
( 1) Any interim or final order then in effect concerning custody or other parental 
rights with respect to the minor child; 
(2) Any proceeding involving custody or other parental rights with respect to the 
minor child currently filed or pending before any court of this State or another 
state, including before a probate court in this State; or 
{3) Any other related action currently filed or pending before any court of this 
State or another state, including before a probate court in this State. 
B. If the District Court presiding over any matter involving custody or other parental 
rights with respect to a minor child becomes aware that a proceeding for 
guardianship, adoption or change of name or another matter involving custody or 
other parental rights with respect to the minor child is pending in a probate court in 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 609, L.D. 890 
this State, the District Court shall notify the Probate Court and take appropriate action 
to facilitate a transfer of the matter from the Probate Court; 
Sec. 2. 4 MRSA §157, sub-§1, 1A, as amended by PL 2015, c. 377, §1, is further 
amended to read: 
A. 
The Governor, subject to review by the joint standing committee of the 
Legislature having jurisdiction over judiciary matters and to confirmation by the 
Legislature, shall appoint to the District Court;& 39 judges. At least one judge must 
be appointed from each district who is a resident of a county in which the district lies, 
except that in District 3 there must be 2 judges appointed who are residents of a 
county in which the district lies; in District 6 there must be 2 judges appointed who 
are residents of a county in which the district lies; and in District 9 there must be 2 
judges appointed who are residents of a county in which the district lies. Each 
District Court Judge has a term of office of 7 years. 
To be eligible for appointment as a District Judge, a person must be a member of the 
bar of the State. The term "District Judge" includes the Chief Judge and Deputy 
ChiefJudge. 
Sec. 3. 4 MRSA §251 is amended to read: 
§251. General jurisdiction 
Each judge may take the probate of wills and grant letters testamentary or of 
administration on the estates of all deceased persons who, at the time of their death, 
where inhabitants or residents of his the judge's county or who, not being residents of the 
State, died leaving estate to be administered in his the judge's county, or whose estate is 
afterwards found therein; and has jurisdiction of all matters relating to the settlement of 
such estates. He A judge may grant leave to adopt children, change the names of persons, 
appoint guardians for minors and others according to law, and has jurisdiction as to 
persons under guardianship, and as to whatever else is conferred 0fHHHl: by law, except in 
cases in which the District Court has jurisdiction over a child pursuant to section 152, 
subsection 5-A. 
Sec. 4. 4 MRSA §251-A is enacted to read: 
§251-A. Other proceedings involving parental rights; transfer to District Court 
1. Disclosure of orders and proceedings. The judge of probate presiding over any 
matter involving guardianship, adoption or change of name or another matter involving 
custody or other parental rights with respect to a minor child shall require all parties to 
disclose whether they have knowledge of: 
A. Any interim or final order then in effect concerning custody or other parental 
rights with respect to the minor child; 
B. Any proceeding involving custody or other parental rights with respect to the 
minor child currently filed or pending before any court of this State or another state, 
including the District Court; or 
C. Any other related action currently filed or pending before any court of this State 
or another state, including the District Court. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 609, L.D. 890 
2. Transfer to District Court. If in a matter before the Probate Court concerning a 
minor child a judge of probate becomes aware that a proceeding involving custody or 
other parental rights with respect to the minor child is pending in the District Court, the 
judge shall notify the District Court and take appropriate action to facilitate a transfer of 
the matter to the District Court. 
Sec. 5. 18-A MRSA §1-701, sub-§(a), as enacted by PL 2001, c. 163, §1, is 
amended to read: 
(a). If a person desires to have that person's name changed, the person may petition 
the judge of probate in the county where the person resides. If the person is a minor, the 
person's legal custodian may petition in the person's behalf. If there is a proceeding 
involving custody or other parental rights with respect to the minor pending in the District 
Court, the petition must be filed in the District Court. 
Sec. 6. 18-A MRSA §5-102, sub-§(a), as enacted by PL 1979, c. 540, §1, is 
amended to read: 
(a). 
+he Subject to Title 4, section 152, subsection 5-A, the court has exclusive 
jurisdiction over guardianship proceedings and has jurisdiction over protective 
proceedings to the extent provided in section 5-402. 
Sec. 7. 18-A MRSA §9-103, as enacted by PL 1995, c. 694, Pt. C, §7 and affected 
by Pt. E, §2, is amended to read: 
§9-103. Jurisdiction 
(a). +he Subject to Title 4, section 152, subsection 5-A, the Probate Court has 
exclusive jurisdiction over the following: 
(1). Petitions for adoption; 
(2). Consents and reviews of withholdings of consent by persons other than a parent; 
(3). Surrenders and releases; 
(4). Termination of parental rights proceedings brought pursuant to section 9-204; 
(5). 
Proceedings to determine the rights of putative fathers of children whose 
adoptions or surrenders and releases are pending before the Probate Court; and 
(6). Reviews conducted pursuant to section 9-205. 
(b ). The District Court has jurisdiction to conduct hearings pursuant to section 9-205. 
The District Court has jurisdiction over any matter described in subsection (a) if the 
proceeding concerns a child over whom the District Court has exclusive jurisdiction 
pursuant to Title 4, section 152, subsection 5-A. 
Sec. 8. 18-A MRSA §9-204, sub-§(a), as enacted by PL 1995, c. 694, Pt. C, §7 
and affected by Pt. E, §2, is amended to read: 
(a). 
A petition for termination of parental rights may be brought in Probate Court in 
which an adoption petition is properly filed as part of that adoption petition except when 
a ehild flFOteetioa flFOSeediag is f)eadiag or is sttl3jeet to review ey the District Court has 
exclusive jurisdiction over the child pursuant to Title 4, section 152, subsection 5-A. 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT "A "to H.P. 609, L.D. 890 
Sec. 9. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Mental Health Services - Children 0136 
Initiative: Deappropriates funding from the Department of Health and Human Services, 
Mental Health Services - Children account to offset the additional court costs of having 
all pending matters concerning a child and family unit addressed by a single District 
Court Judge. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY DHS) 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
JUDICIAL DEPARTMENT 
Courts - Supreme, Superior and District 0063 
2015-16 
$0 
$0 
2015-16 
$0 
$0 
2016-17 
($412,750) 
($412,750) 
2016-17 
($412,750) 
($412,750) 
Initiative: Provides funds for one Judge position, one Deputy Marshal position and one 
Assistant Clerk position due to an anticipated increase in the number of district court 
cases involving children. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
JUDICIAL DEPARTMENT 
DEPARTMENT TOTALS 
GENERAL FUND 
2015-16 
0.000 
$0 
$0 
$0 
2015-16 
$0 
COMMITTEE AMENDMENT 
2016-17 
3.000 
$297,950 
$114,800 
$412,750 
2016-17 
$412,750 
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COMMITTEE AMENDMENT "A "to H.P. 609, L.D. 890 
DEPARTMENT TOTAL -ALL FUNDS 
SECTION TOTALS 
GENERAL FUND 
SECTION TOTAL - ALL FUNDS 
SUMMARY 
$0 
$412,750 
2015-16 
2016-17 
$0 
$0 
$0 
$0 
This amendment is the majority report of the Joint Standing Committee on Judiciary. 
This amendment replaces the bill but retains the overall concept of establishing one 
court in which proceedings involving custody and other parental rights with respect to a 
child will take place. The bill proposes that the District Court would have exclusive, 
continuing jurisdiction in all such proceedings if there is a pending action in the District 
Court or if a final judgment involving the child had been entered in the District Court. 
This amendment extends the jurisdiction of the District Court to include exclusive 
jurisdiction over matters involving custody or other parental rights of a child under the 
Maine Revised Statutes, Title 18-A, including, but not limited to, adoption, termination of 
parental rights, change of name and guardianship of a minor, if proceedings concerning 
the child are pending in the District Court. 
This amendment provides that, in any matter involving custody or other parental 
rights of a child, the judge of the District Court or the probate judge who is presiding 
must require all parties to disclose whether the parties have knowledge of any existing 
order or if any proceeding involving custody or other parental rights is currently filed or 
pending or if any other related action is pending before any court of this State or another 
state. If the proceeding is in a probate court in this State, the judge of probate must 
transfer the case to the District Court. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/03/16 
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LD890 
LR 1014(02) 
An Act To Ensure a Continuing Home Court for Cases Involving Children 
Fiscal Note for Bill as Amended by Committee Amendment,{/, (1/-S ii) 
Committee:, Judiciary 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2015-16 
FY 2016-17 
$0 
$0 
$0 
$0 
Projections 
FY 2017-18 
$14,897 
$14,897 
Projections 
FY 2018-19 
$30,540 
$30,540 
This bill includes a General Fund appropriation of $412, 7 50 in fiscal year 2016-17 for the Judicial Department for one 
Judge position, one Deputy Marshall position and one Assistant Clerk position due to an anticipated increase in the 
number of district court cases involving children. 
The Office of Child and Family Services within the Department of Human Services has indicated to the Judiciary 
Committee that having all actively pending matters concerning a child and family unit addressed by a single District 
Court Judge will provide efficiencies and reduce workload within the OFCS. Accordingly, the OFCS has offered, and 
the bill includes, an offsetting General Fund deappropriation to the Department of Human Services of $412,750 in 
fiscal year 2016-17. 
LRl O 14(02) - Fiscal Note - Page 1 of 1