An Act Regarding the Qualification of Expert Witnesses in Certain Family Court Actions
Maine Legislature, Session 131, LD 0538
Committee: Judiciary
Sponsors: DOUDERA, CARNEY, HENDERSON, MOONEN, MORIARTY, POIRIER, RECKITT
Amends: 19-A MRSA §1653

Legislative Document
No. 538
H.P. 343
House of Representatives, February 9, 2023
An Act Regarding the Qualification of Expert Witnesses in Certain 
Family Court Actions
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DOUDERA of Camden.
Cosponsored by Senator CARNEY of Cumberland and
Representatives: HENDERSON of Rumford, MOONEN of Portland, MORIARTY of 
Cumberland, POIRIER of Skowhegan, RECKITT of South Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  19-A MRSA §1653, sub-§6-C, as enacted by PL 2021, c. 577, §1, is 
amended to read:
6-C.  Forensic risk evaluation or assessment.  Upon motion from either party or upon 
the court’s own motion, the court may order a parent to complete a forensic risk evaluation 
or 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 evaluation or assessment, the court 
may consider:
(1)  The existence of any court findings, 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 finding 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 evaluation 
or assessment; and
(4)  Any other factor the court considers relevant.
B.  The court may order that the person performing the forensic risk evaluation or 
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 evaluation 
or assessment is responsible for any fees associated with the evaluation or assessment 
unless another parent agrees to pay part or all of the fees.
D.  If the parent ordered to complete the forensic risk evaluation or assessment has 
completed an evaluation or assessment in the past year, the court may order the parent 
to release that evaluation or assessment to the court, the guardian ad litem or another 
party and may order the parent to complete a new evaluation or assessment only if the 
court determines a new evaluation or assessment is necessary.
E.  In a matter involving the existence of domestic abuse between the parents, in the 
past or currently, the court in an action to award parental rights and responsibilities 
may not qualify an expert witness to provide a forensic evaluation or assessment 
regarding how the court should structure parental rights and responsibilities to achieve 
the best interest of the child unless the court finds the witness has training and 
demonstrated expertise on at least the following topics:
(1)  The domestic abuse tactics affecting parent and child safety after separation of 
parents;
(2)  The effects of domestic abuse and violence on children and conditions that 
support resilience;
(3)  Best practices for recognizing, asking about and assessing the effects of abuse 
on the parent-child relationship; and
(4)  Methods for reducing post-separation abuse of the nonabusing parent and 
promoting child safety and security.
SUMMARY
This bill provides that the court may qualify an expert witness to provide a forensic 
evaluation or assessment regarding parental rights and responsibilities in cases involving 
domestic abuse only if that expert can show a certain level of training and expertise in how 
domestic abuse and violence continue after separation of parents and affect child resilience, 
safety and security.  The bill also changes the term "forensic risk assessment" to "forensic 
evaluation or assessment" in the laws governing court orders for parental rights and 
responsibilities.