An Act To Enhance the Long-term Stability of Certain At-risk Youth
Maine Legislature, Session 129, LD 1596
Committee: Judiciary
Sponsors: BAILEY, CLOUTIER, EVANGELOS, TALBOT ROSS
Amends: 4 MRSA §152, 18-C MRSA §5

Legislative Document
No. 1596
H.P. 1155
House of Representatives, April 18, 2019
An Act To Enhance the Long-term Stability of Certain At-risk 
Youth
(EMERGENCY)
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative BAILEY of Saco.
Cosponsored by Representatives: CLOUTIER of Lewiston, EVANGELOS of Friendship, 
TALBOT ROSS of Portland.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period in order to provide protection to at-risk noncitizen children; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §152, sub-§14, as amended by PL 2007, c. 670, §2, is further 
amended to read:
14.  Civil violations.  Jurisdiction over all civil violations, as provided in Title 17-A, 
section 9, and traffic infractions; and
Sec. 2.  4 MRSA §152, sub-§15, as enacted by PL 2007, c. 670, §3, is amended to 
read:
15.  Restoration of right to possess firearms.  Exclusive jurisdiction to conduct de 
novo review of a determination by the Commissioner of Public Safety pursuant to Title 
15, section 393, subsection 4-A.; and
Sec. 3.  4 MRSA §152, sub-§16 is enacted to read:
16.  At-risk noncitizen petitions.  Jurisdiction over petitions regarding the 
protection, well-being, care and custody of unmarried noncitizens 18 years of age or older 
and under 21 years of age pursuant to Title 22, chapter 1071, subchapter 17.
Sec. 4.  18-C MRSA §5-104, sub-§1-A is enacted to read:
1-A.  At-risk noncitizen petitions.  The court has original jurisdiction over a petition 
regarding the protection, well-being, care and custody of an unmarried noncitizen 
pursuant to Title 22, chapter 1071, subchapter 17 who has not attained 18 years of age.
Sec. 5.  22 MRSA c. 1071, sub-c. 17 is enacted to read:
SUBCHAPTER 17
AT-RISK NONCITIZEN CHILDREN
§4099-I.  At-risk noncitizen children
1.  Definitions.  As used in this subchapter, unless the context otherwise indicates, 
the following terms have the following meanings.
A.  "At-risk" means there is reasonable cause to suspect that a child's health, safety 
and welfare is in jeopardy due to abuse, neglect, abandonment or similar 
circumstances and that return to the child's or the child's parent's country of origin or 
country of last habitual residence would not be in the best interest of the child.
B.  Notwithstanding section 4002, subsection 2, "child" means an unmarried person 
who has not attained 21 years of age.
C.  "Court" includes, but is not limited to, the Probate Court and District Court, or 
any other state court with juvenile jurisdiction.
D.  "Dependent on the court" means subject to the jurisdiction of a court competent to 
make decisions concerning the protection, well-being, care and custody of a child for 
findings, orders or referrals to support the health, safety and welfare of a child or to 
remedy the effects on a child of abuse, neglect, abandonment or similar 
circumstances.
E.  "Noncitizen" means any person who is not a United States citizen.
F.  "Similar circumstances" means conditions that have an effect on a child 
comparable to abuse, neglect or abandonment, including, but not limited to, the death 
of a parent.
2.  Petition for special findings and rulings for certain at-risk noncitizen 
children.  An at-risk noncitizen child may petition the court for special findings. Upon 
reviewing the petition or complaint seeking special findings, any supporting affidavits 
and other evidence presented, the court shall issue findings of fact and rulings of law that 
must determine whether the child who is the subject of the proceeding:
A.  Is dependent on the court;
B.  Has suffered from abuse, neglect, abandonment or similar circumstances;
C.  May not be viably reunified with one or both parents due to abuse, neglect, 
abandonment or similar circumstances; and
D.  May not be returned to the child's or the child's parent's country of origin or 
country of last habitual residence because it is not in the best interest of the child.
A court making a decision under this subsection is acting as a juvenile court in that it has 
jurisdiction over a child.
The health and safety of the child must be of paramount concern. When considering the 
child's health and safety, the court shall consider whether present or past living conditions 
will adversely affect the child's physical, mental or emotional health.
The at-risk noncitizen child is not required to name as a respondent a parent with whom 
reunification may be a viable option.
3.  Notice.  If the identity or location of the child's parents is unknown or if the 
parents reside outside of the United States, the court may serve notice using any 
alternative method of service the court determines is appropriate or waive service when 
the child is described in 8 United States Code, Section 1101(a)(27)(J)(2019) and 8 United 
States Code, Section 1357(h)(2019).
4.  Expeditious adjudication.  A court shall hear, adjudicate and issue findings of 
fact and rulings of law on any petition or complaint for special findings under this section 
as soon as it is administratively feasible and prior to the child reaching 21 years of age to 
serve the best interest of the child.
5.  Referral for services or protection.  A child who is the subject of a petition for 
special findings under subsection 2 may be referred for psychiatric, psychological, 
educational, occupational, medical, dental or social services or for protection against 
human trafficking or domestic violence.  Participation in any referred services is 
voluntary.
6.  Similar findings of fact and rulings of law.  Nothing in this section prevents the 
court from issuing similar findings of fact and rulings of law to those in subsection 2 in 
any other proceeding concerning a noncitizen child.
7.  Construction.  This section must be liberally construed to promote the best 
interest of the child.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect July 1, 2019.
SUMMARY
This bill provides that the District Court has jurisdiction to consider petitions filed by 
at-risk noncitizens who are 18 years of age or older and under 21 years of age and the 
Probate Court has jurisdiction for at-risk noncitizens who are under 18 years of age.  The 
courts are required to expeditiously issue findings of fact, rulings of law and dependency 
or custody determinations on these petitions.