An Act To Establish a Youth-in-care Court
Maine Legislature, Session 128, LD 1437
Committee: Judiciary
Sponsors: HAMANN, MILLETT, BABBIDGE, HILL
Amends: 4 MRSA §185

Legislative Document
No. 1437
H.P. 992
House of Representatives, April 13, 2017
An Act To Establish a Youth-in-care Court
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HAMANN of South Portland.
Cosponsored by Senator MILLETT of Cumberland and
Representatives: BABBIDGE of Kennebunk, McCREIGHT of Harpswell, Senator: HILL of 
York.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  4 MRSA §185 is enacted to read: 
§185.  Youth-in-care court 
1.  Definition.  As used in this section, unless the context otherwise indicates, "youth-
in-care proceedings" means protective custody and termination of parental rights 
proceedings brought under Title 22, chapter 1071 as well as adoption, divorce, parental 
rights and responsibilities, grandparents' rights, change of name, guardianship, paternity 
and protection from abuse or harassment proceedings involving children who are the 
subjects of pending protective custody or termination of parental rights proceedings 
brought under Title 22, chapter 1071. 
2.  Pilot project establishment.  The Chief Justice of the Supreme Judicial Court 
shall establish a pilot project for a youth-in-care court that has jurisdiction over youth-in-
care proceedings within one or more of the judicial districts established by section 153.  
The youth-in-care court shall provide a system of justice that is responsive to the needs of 
children involved in youth-in-care proceedings and that provides a child-friendly 
environment for the resolution of youth-in-care proceedings. 
3.  Rules.  The Supreme Judicial Court may adopt administrative orders and court 
rules governing the practice, procedure and administration of the youth-in-care court pilot 
project, established pursuant to subsection 2. 
4.  Staff.  The State Court Administrator shall provide staff necessary to support the 
youth-in-care court pilot project, established pursuant to subsection 2, within the limit of 
funds available, and shall seek to take full advantage of federal funding, including 
reimbursements. 
Sec. 2.  Pilot project evaluation.  The judicial branch shall develop an evaluation 
process to collect and to analyze information and data from court records, parties, 
attorneys and, where appropriate, children in cases within the jurisdiction of the youth-in-
care court pilot program established pursuant to the Maine Revised Statutes, Title 4, 
section 185.  The evaluation must assess the effect of the pilot program on the timing of 
court proceedings as well as other measures identified by the judicial branch as relevant 
to the needs of children in protective custody proceedings. 
Sec. 3.  Report.  The judicial branch shall submit a report, including findings and 
recommendations, to the joint standing committee of the Legislature having jurisdiction 
over judiciary matters by February 15, 2019 on the implementation of the youth-in-care 
court pilot project established pursuant to the Maine Revised Statutes, Title 4, section 185 
and on the judicial branch's evaluation of the youth-in-care court pilot project.  The joint 
standing committee may report out a bill related to the report to the First Regular Session 
of the 129th Legislature. 
SUMMARY 
This bill directs the Chief Justice of the Supreme Judicial Court to establish a youth-
in-care court with jurisdiction over child protective and termination of parental rights 
proceedings as well as adoption and child custody proceedings involving youth in the 
foster care system as a pilot project within one or more judicial districts of the District 
Court.  The bill further directs the judicial branch to evaluate the effectiveness of the pilot 
project and to submit a report and recommendations regarding the pilot project to the 
joint standing committee of the Legislature having jurisdiction over judiciary matters by 
February 15, 2019.  The joint standing committee may report out a bill related to the 
report to the First Regular Session of the 129th Legislature.