An Act To Amend the Laws Affecting Sex Offenders and Petitions for Child Custody
Maine Legislature, Session 130, LD 1888
Committee Amendment CA_A_H851 (House)
Amends: 19-A MRSA §1653

COMMITTEE AMENDMENT "If,' to H.P. 1398, L.D. 1888, "An Act To Amend 
the Laws Affecting Sex Offenders and Petitions for Child Custody" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend Laws Affecting Sex Offenders and Petitions for the Determination 
of Parental Rights and Responsibilities' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 19-A MRSA §1653, sub-§6-C is enacted to read: 
6-C. Forensic risk assessment. Upon motion from either party or upon the court's 
own motion, the court may order a parent to complete a forensic risk assessment performed 
by a licensed clinical social worker, psychologist or psychiatrist qualified to conduct 
psychosexual evaluations. 
A. In determining whether to order a forensic risk assessment, the court may consider: 
0) The existence of any court fmdings, including but not limited to a criminal 
conviction, that the parent has committed a child-related sexual offense as defined 
in subsection 6-A, paragraph A or dissemination of sexually explicit material or 
possession of sexually explicit material as described in Title 17-A, chapter 12; 
(2) The existence of substantiated findings of abuse or neglect under Title 22, 
section 4004, subsection 2, paragraph C-1, or an equivalent fmding from another 
state, against the parent involving a child-related sexual offense as defined in 
subsection 6-A, paragraph A or dissemination of sexually explicit material or 
possession of sexually explicit material as described in Title 17-A, chapter 12; 
(3) Whether a guardian ad litem appointed to the case recommends the assessment; 
and 
(4) Any other factor the court considers relevant. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'Ir" to H.P. 1398, L.D. 1888 
B. The court may order that the person performing the forensic risk assessment may 
interview the parent who is the subject of the order and any other parent of the child 
and have access to court documents, records of any interview with the child and other 
relevant documents. 
C. 
The court shall order that the parent ordered to complete the forensic risk 
assessment is responsible for any fees associated with the assessment unless another 
parent agrees to pay pait or all of the fees. 
D. If the parent ordered to complete the forensic risk assessment has completed an 
assessment in the past year, the court may order the parent to release that assessment 
to the· court, the guardian ad litem or another party and may order the parent to complete 
a new assessment only if the court determines a new assessment is necessary.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill. It amends the title to reflect that, as amended, the 
legislation applies to petitions to determine parental rights and responsibilities. 
The amendment provides express authority for a court to order a forensic risk 
assessment in a parental rights and responsibilities proceeding. The assessment must be 
performed by a licensed clinical social worker, psychologist or psychiatrist qualified to 
perform psychosexual evaluations. 
In determining whether to order an assessment, the court may consider the existence 
of comt findings, including convictions for child-related sexual offenses, dissemination of 
sexually explicit material or possession of sexually explicit material, substantiated findings 
of child abuse or neglect involving child-related sexual offenses or sexual exploitation of a 
minor, a recommendation for the assessment by a guardian ad litem and any other factor 
the court considers relevant. The court may order that the person performing the forensic 
risk assessment may interview certain parents and have access to court documents, records 
of any interview with the child and other relevant documents. 
The comt must order the parent who is ordered to complete the forensic risk assessment 
to pay all the fees associated with the assessment unless another parent agrees to pay for 
the assessment. 
If the parent has already completed a forensic risk assessment in the past year, the court 
may order the parent to release the assessment to the comt, the guardian ad litem or another 
party and may require the parent to complete a new assessment only if the court determines 
a new assessment is necessary. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/10/22 ::t?ae 
LD 1888 
LR 2505(03) 
An Act To Amend the Laws Affecting Sex Offenders and Petitions for Child Custody 
Fiscal Note for Bill as Amended by Committee Amendment(} ( /I,, !!st) 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
LR2505(03) - Fiscal Note - Page 1 of 1