An Act To Improve the Child and Family Court Process
Maine Legislature, Session 130, LD 1831
Committee: Judiciary
Sponsors: BALDACCI
Amends: 4 MRSA §10-A, 4 MRSA §122, 4 MRSA §164, 4 MRSA §183

Legislative Document
No. 1831
S.P. 648
In Senate, December 22, 2021
An Act To Improve the Child and Family Court Process
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on December 20, 2021.  Referred to the Committee 
on Judiciary pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BALDACCI of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §10-A is enacted to read:
§10-A.  Annual training; domestic violence and child abuse issues
The Chief Justice of the Supreme Judicial Court shall establish annual training and 
education designed to inform Justices of the Supreme Judicial Court on domestic violence 
and child abuse, neglect and maltreatment issues.
Sec. 2.  4 MRSA §122 is enacted to read:
§122.  Annual training; domestic violence and child abuse issues
The Chief Justice of the Superior Court shall establish annual training and education 
designed to inform Justices of the Superior Court on domestic violence and child abuse, 
neglect and maltreatment issues.
Sec. 3.  4 MRSA §164, sub-§17, ¶E, as amended by PL 1993, c. 680, Pt. A, §6, is 
further amended to read:
E.  The Chief Judge, following notification to the Chief Justice of the Supreme Judicial 
Court or the Chief Justice's delegate, may authorize such forms and procedures as the 
Chief Judge considers appropriate to carry out this subsection; and
Sec. 4.  4 MRSA §164, sub-§18, ¶E, as enacted by PL 1991, c. 635, is amended to 
read:
E.  The Chief Judge, following notification to the Chief Justice of the Supreme Court 
or the Chief Justice's delegate, may authorize forms and procedures as the Chief Judge 
considers appropriate to carry out this subsection.; and
Sec. 5.  4 MRSA §164, sub-§19 is enacted to read:
19.  Annual training; domestic violence and child abuse issues.  Establish annual 
training and education designed to inform District Court Judges on domestic violence and 
child abuse, neglect and maltreatment issues.
Sec. 6.  4 MRSA §183, sub-§1, as amended by PL 2015, c. 296, Pt. C, §1 and 
affected by Pt. D, §1, is further amended to read:
1.  Family law magistrates.  The Chief Judge of the District Court, with the approval 
of the Chief Justice of the Supreme Judicial Court, shall employ family law magistrates.  
In selecting family law magistrates, the Chief Judge shall give proper consideration to 
achieving statewide geographical representation in the Family Division. By August 1, 
2024, the Chief Judge of the District Court shall employ 24 family law magistrates.
A.  Family law magistrates must be members of the Bar of this State and must have 
experience in the area of family law.  Other qualifications may include interest, training 
or experience in mediation and other alternate dispute resolution techniques, domestic 
violence, child development, family dynamics and case management.
B.  Family law magistrates shall devote themselves solely to the official duties of the 
position.  Family law magistrates may not engage in the private practice of law or in 
any employment, occupation or business interfering with or inconsistent with the 
discharge of their duties.  The Chief Judge of the District Court shall determine the 
salaries of the family law magistrates.
C.  Family law magistrates are governed by the Maine Code of Judicial Conduct.  
Family law magistrates serve at the pleasure of the Chief Judge of the District Court.
D.  Family law magistrates shall employ appropriate case management techniques and 
have jurisdiction to hear and dispose of the following matters:
(1)  Interim orders in actions involving the establishment, modification or 
enforcement of child support;
(2)  Interim orders in actions involving divorce, legal separation, parentage or 
parental rights, including interim orders in postjudgment proceedings arising out 
of these actions, except that a contested motion concerning interim parental rights 
and responsibilities, excluding interim child support orders, may be determined by 
the family law magistrate only if both parties consent to determination of the issue 
or issues in dispute by the family law magistrate;
(2-A)  Parental rights and responsibilities and parent-child contact orders entered 
pursuant to Title 19‑A, section 4006, subsection 5 and section 4007, subsection 1, 
paragraph G to make such orders consistent with subsequently entered orders in 
matters included in subparagraphs (1), (2) and (3);
(3)  Final orders in any of the matters included in subparagraphs (1) and (2) when 
the proceeding is uncontested;
(4)  Final orders in a contested proceeding when child support is the only contested 
issue;
(4-A)  Applications for writs of habeas corpus to facilitate the attendance of 
proceedings by and return of a party who is incarcerated;
(4-B)  Requests for access to confidential Department of Health and Human 
Services child protective records in accordance with Title 22, section 4008.  The 
family law magistrate may review records in camera to determine whether to grant 
access; and
(4-C)  Except for final prehearing conferences, all pretrial and interim elements of 
a child protection proceeding brought under Title 22, chapter 1071, including child 
protection proceedings consolidated in an action brought under Title 19-A; and
(5)  Other actions assigned by the Chief Judge of the District Court.
E.  Interim orders in any of the matters included in paragraph D, subparagraphs (1), (2) 
and (2-A) are effective immediately and are subject to de novo review by a judge at the 
final hearing.  Final orders in any of the matters included in paragraph D, 
subparagraphs (3) and (4) are subject to appellate review in the same manner as any 
final order of the District Court.  The family law magistrate shall inform the parties of 
the rights of review established in this paragraph.
F.  A family law magistrate has the power to impose punitive and remedial sanctions 
in a summary proceeding for contempt occurring in the actual presence of the family 
law magistrate and seen or heard by the family law magistrate.  The Maine Rules of 
Civil Procedure relating to summary contempt proceedings apply to a family law 
magistrate exercising the contempt power under this paragraph.
G.  The Chief Judge of the District Court may allow family law magistrates to wear 
robes when presiding over any proceeding.
H.  The Chief Judge of the District Court may employ a retired family law magistrate 
to serve on a per diem basis as an active retired family law magistrate.  An active retired 
family law magistrate employed pursuant to this paragraph has the same jurisdiction 
and is subject to the same restrictions as before retirement.  An active retired family 
law magistrate serves at the direction of the Chief Judge of the District Court and is 
compensated at the per diem rate of $250 per day or $150 per half-day, as long as the 
total of the per diem compensation and the active retired family law magistrate's state 
retirement pension received in any calendar year does not exceed the annual salary of 
a family law magistrate.  Active retired family law magistrates are entitled to receive 
reimbursement for any expenses actually and reasonably incurred in the performance 
of their duties.
Sec. 7.  4 MRSA §183, sub-§2, as enacted by PL 1997, c. 269, §1 and affected by 
§2, is amended to read:
2.  Additional staff.  The State Court Administrator shall provide other necessary staff 
to the Family Division, within the limits of funds available, and shall seek to take full 
advantage of federal funding, including reimbursements. By August 1, 2024, the State 
Court Administrator shall provide necessary staff for 24 family law magistrates.
Sec. 8.  4 MRSA §183, sub-§5 is enacted to read:
5.  Annual training; domestic violence and child abuse issues.  The Chief Judge of 
the District Court shall establish annual training and education designed to inform family 
law magistrates on domestic violence and child abuse, neglect and maltreatment issues.
SUMMARY
This bill increases the number of family law magistrates to 24 by August 1, 2024 and 
increases related staff.  It authorizes family law magistrates to hear and dispose of all 
interim orders in actions involving divorce, legal separation, parentage or parental rights 
regardless of whether both parents consent.  It authorizes family law magistrates to hear 
and dispose of all pretrial and interim elements of child protection proceedings, except for 
final prehearing conferences.  It requires the Chief Justice of the Supreme Judicial Court, 
the Chief Justice of the Superior Court and the Chief Judge of the District Court to establish 
annual training and education designed to inform justices, judges and family law 
magistrates on domestic violence and child abuse, neglect and maltreatment issues.