An Act to Clarify Court Jurisdiction of Actions Involving Children Brought Under the Maine Uniform Probate Code
Maine Legislature, Session 131, LD 0136
Committee Amendment CA_A_H60 (House)
Amends: 22 MRSA §4031

COMMITTEE AMENDMENT "A" to H.P. 82, L.D. 136, "An Act to Clarify Court 
Jurisdiction of Actions Involving Children Brought Under the Maine Uniform Probate 
Code" 
Amend the bill in section 1 in subsection 5-A in the 8th line (page 1, line 11 in L.D.) 
by striking out the following: "paternity," and inserting the following: 'paternity, parentage' 
Amend the bill in section 2 in §251-A in subsection 2 in the 3rd line (page 2, line 34 in 
L.D.) by inserting after the following: "proceeding" the following: 'under the Maine 
Juvenile Code brought against the minor child or a proceeding' 
Amend the bill by inserting after section 2 the following: 
'Sec. 3. 22 MRSA §4031, sub-§3, as amended by PL 2015, c. 296, Pt. C, §28 and 
affected by Pt. D, § 1, is further amended to read: 
3. Scope of authority. The court shall consider and act on child protection petitions 
regardless of other decrees regarding a child's care and custody. The requirements and 
provisions of Title 19-A, chapter 58 do not apply to child protection proceedings. If custody 
or parentage is an issue in another pending proceeding, the proceedings may be 
consolidated in the District Court with respect to the issue of custody, parentage or both. 
In any event, the court shall make an order on the child protection petition in accordance 
with this chapter. That order takes precedence over any tlfieF other order regarding the 
child's care and custody. Nothing in this subsection may be construed to limit the authority 
of the District Court to determine parentage pursuant to section 4005-F during the pendency 
of a child protection proceeding; to consolidate a child protection proceeding with another 
matter; or to resolve a child protection proceeding through the entry of a parental rights and 
responsibilities order, guardianship order or adoption order.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT "A" to H.P. 82, L.D. 136 
SUMMARY 
This amendment, which is the majority report of the committee, amends the provision 
of law governing the legal effect of an order entered in a child protection proceeding, 
including a preliminary protection order, to clarify that such an order generally takes 
precedence over any other order regarding the child's care or custody, even if the other 
order was entered after the preliminary protection order. It also clarifies that this general 
rule does not limit the authority of the District Court to determine parentage during the 
pendency of a child protection proceeding, to consolidate a child protection proceeding 
with another matter or to resolve a child protection proceeding through the entry of a 
parental rights and responsibilities order, a guardianship order or an adoption order. 
The amendment also makes technical changes to the bill, including by replacing the 
word "paternity" with the word "parentage" to reflect the enactment of the Maine Parentage 
Act in Public Law 2015, chapter 296, which eliminated paternity proceedings and replaced 
them with proceedings to adjudicate parentage. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/06/23 ;Wae 
LD 136 
LR 407(02) 
An Act to Clarify Court Jurisdiction of Actions Involving Children Brought Under the Maine 
Uniform Probate Code 
Fiscal Note for Bill as Amended by Committee Amendment 'A• { H- /_g {j} 
Committee: Judiciary 
/ 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Judicial Department associated with the changes in this bill are expected to be minor and 
can be absorbed within existing budgeted resources. 
LR0407(02) - Fiscal Note - Page 1 of 1