An Act to Clarify Court Jurisdiction of Actions Involving Children Brought Under the Maine Uniform Probate Code
Maine Legislature, Session 131, LD 0136
Committee: Judiciary
Amends: 4 MRSA §152, 4 MRSA §251-A

Legislative Document
No. 136
H.P. 82
House of Representatives, January 10, 2023
An Act to Clarify Court Jurisdiction of Actions Involving Children 
Brought Under the Maine Uniform Probate Code
Reported by Representative MOONEN of Portland for the Family Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 19-A, section 354, subsection 2.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §152, sub-§5-A, as amended by PL 2017, c. 402, Pt. C, §3 and 
affected by PL 2019, c. 417, Pt. B, §14, is further amended to read:
5-A.  Actions involving minors under Title 18-C.  Exclusive Except as provided in 
paragraph C, exclusive, continuing jurisdiction of actions for guardianship, adoption, 
change of name or other matters involving custody or other parental rights with respect to 
a minor child brought under Title 18‑C under the following circumstances: if proceedings 
under the Maine Juvenile Code brought against the minor child are pending in the District 
Court; if proceedings involving custody or other parental rights with respect to a the minor 
child, including but not limited to adoption, divorce, parental rights and responsibilities, 
grandparents' rights, protective custody, change of name, guardianship, paternity, or 
termination of parental rights and protection from abuse or harassment, are pending in the 
District Court; or if the minor child is or was the subject of an order issued by the District 
Court terminating parental rights, appointing a guardian, including a permanency, 
emergency or interim guardian, awarding parental rights to a 3rd party or granting an 
adoption.  This subsection does not apply if the only proceedings pending in the District 
Court involving custody or other parental rights with respect to the minor child are 
protection from abuse or protection from harassment proceedings unless one of the other 
grounds for exclusive, continuing jurisdiction are met under this subsection.  For purposes 
of this subsection, a proceeding is pending if a complaint, petition or post-judgment motion 
has been filed and the final judgment or final order on that complaint, petition or post-
judgment motion has not yet been issued.
A.  The District Court presiding over any matter involving custody or other parental 
rights with respect to a minor child shall require all parties to disclose whether they 
have knowledge of:
(1)  Any interim or final order then in effect concerning custody or other parental 
rights with respect to the minor child;
(2)  Any proceeding under the Maine Juvenile Code brought against the minor 
child pending in the District Court or any proceeding involving custody or other 
parental rights with respect to the minor child currently filed or pending before any 
court of this State or another state, including before a probate court in this State; or
(3)  Any other related action currently filed or pending before any court of this 
State or another state, including before a probate court in this State.
B.  If Except as provided in paragraph C, if the District Court presiding over any matter 
under the Maine Juvenile Code brought against a minor child and any matter involving 
custody or other parental rights with respect to a minor child becomes aware that a 
proceeding for guardianship, adoption or change of name or another matter involving 
custody or other parental rights with respect to the minor child under Title 18-C is 
pending in a probate court in this State, the District Court shall notify the Probate Court 
and take appropriate action to facilitate a transfer of the matter from the Probate Court;. 
If a matter is transferred to the District Court under this paragraph, the District Court 
has continuing, exclusive jurisdiction over the matter and over any future proceedings 
for guardianship, adoption or change of name or other matter involving custody or 
other parental rights with respect to the minor child brought under Title 18-C, except 
to the extent that the District Court's jurisdiction is precluded by the Uniform Child 
Custody Jurisdiction and Enforcement Act.
C.  Notwithstanding any provision of law to the contrary, a probate court shall retain 
jurisdiction over an action for guardianship, adoption, change of name or other matter 
involving custody or other parental rights with respect to a minor child brought under 
Title 18‑C that would otherwise be within the exclusive, continuing jurisdiction of the 
District Court under this subsection and may not transfer that matter to the District 
Court under paragraph B if:
(1)  At the time the proceeding under the Maine Juvenile Code or the proceeding 
involving custody or other parental rights with respect to the minor child that would 
otherwise trigger the District Court's continuing, exclusive jurisdiction is initiated, 
the testimonial hearing on the Title 18-C matter has concluded and the Probate 
Court has that matter under advisement; and
(2)  The Probate Court has not determined that the District Court is the more 
appropriate forum for the Title 18-C proceeding;
Sec. 2.  4 MRSA §251-A, as enacted by PL 2015, c. 460, §4, is amended to read:
§251-A.  Other proceedings involving parental rights; transfer to District Court
1.  Disclosure of orders and proceedings.  The judge of probate presiding over any 
matter involving guardianship, adoption or change of name or another matter involving 
custody or other parental rights with respect to a minor child shall require all parties to 
disclose whether they have knowledge of:
A.  Any interim or final order then in effect concerning custody or other parental rights 
with respect to the minor child, including any order of the District Court terminating 
parental rights; appointing a guardian, including a permanency, emergency or interim 
guardian; awarding parental rights to a 3rd party; or granting an adoption;
B.  Any proceeding under the Maine Juvenile Code brought against the minor child 
pending in District Court or any proceeding involving custody or other parental rights 
with respect to the minor child currently filed or pending before any court of this State 
or another state, including the District Court; or
C.  Any other related action currently filed or pending before any court of this State or 
another state, including the District Court.
2.  Transfer to District Court.  If Except as provided in subsection 3, if in a matter 
before the Probate Court concerning a minor child a judge of probate becomes aware that 
a proceeding involving custody or other parental rights with respect to the minor child is 
pending in the District Court or that the minor child is or was the subject of a District Court 
order terminating parental rights, appointing a guardian, including a permanency, 
emergency or interim guardian, awarding parental rights to a 3rd party or granting an 
adoption, the judge shall notify the District Court and take appropriate action to facilitate a 
transfer of the matter to the District Court.  If a matter is transferred to the District Court 
under this subsection, the District Court has continuing, exclusive jurisdiction over the 
matter and over any future proceedings for guardianship, adoption or change of name or 
other matter involving custody or other parental rights with respect to the minor child 
brought under Title 18-C, except to the extent that the District Court's jurisdiction is 
precluded by the Uniform Child Custody Jurisdiction and Enforcement Act.
3.  Exception to transfer.  Notwithstanding any provision of law to the contrary, a 
probate court shall retain jurisdiction over an action for guardianship, adoption, change of 
name or other matter involving custody or other parental rights with respect to a minor 
child brought under Title 18‑C that would otherwise be within the exclusive, continuing 
jurisdiction of the District Court under section 152, subsection 5-A and may not transfer 
that matter to the District Court under subsection 2 if:
A.  At the time the proceeding under the Maine Juvenile Code or the proceeding 
involving custody or other parental rights with respect to the minor child that would 
otherwise trigger the District Court's continuing, exclusive jurisdiction is initiated, the 
testimonial hearing on the Title 18-C matter has concluded and the Probate Court has 
that matter under advisement; and
B.  The Probate Court has not determined that the District Court is the more appropriate 
forum for the Title 18-C proceeding.
For purposes of this section, a proceeding is pending if a complaint, petition or post-
judgment motion has been filed and the final judgment or final order on that complaint, 
petition or post-judgment motion has not yet been issued.
SUMMARY
This bill is submitted by the Family Law Advisory Commission pursuant to the Maine 
Revised Statutes, Title 19-A, section 354, subsection 2.
The bill makes several changes to Title 4, section 152, subsection 5-A, which governs 
the jurisdiction of the District Court. The bill clarifies the respective jurisdictions of the 
District Court and the probate courts of the State of actions brought under Title 18-C, the 
Maine Uniform Probate Code, concerning minors. The bill adds proceedings pursuant to 
the Maine Juvenile Code brought against a minor child to the list of pending District Court 
actions involving a minor child that will give the District Court exclusive, continuing 
jurisdiction over Title 18-C actions involving that child and it removes actions for 
protection from abuse and harassment from that list. The bill also provides that the District 
Court has exclusive, continuing jurisdiction over current and future Title 18-C actions 
involving the child if the child has been the subject of an order terminating parental rights, 
appointing a guardian including a permanency, emergency or interim guardian, awarding 
parental rights to a 3rd party or granting an adoption. The bill clarifies when a proceeding 
is pending.
The bill also establishes an exception to the grant of exclusive, continuing jurisdiction 
to the District Court if the action that would otherwise provide the grounds for the District 
Court's jurisdiction is initiated when the action is under advisement with the Probate Court 
after a testimonial hearing unless the Probate Court determines that the District Court is the 
more appropriate forum for the action.
The bill includes changes to Title 4, section 251-A, which governs the jurisdiction of 
the probate courts of the State, consistent with changes to Title 4, section 152.