An Act to Strengthen Maine's Child Protection Laws by Limiting Contact with Violent Offenders
Maine Legislature, Session 131, LD 1279
Committee: Judiciary
Sponsors: BALDACCI
Amends: 18-C MRSA §5, 22 MRSA §4002, 22 MRSA §4035

Legislative Document
No. 1279
S.P. 516
In Senate, March 23, 2023
An Act to Strengthen Maine's Child Protection Laws by Limiting 
Contact with Violent Offenders
Reference to the Committee on Judiciary suggested 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.  18-C MRSA §5-204, sub-§2, ¶C, as amended by PL 2021, c. 340, §1, is 
further amended by amending subparagraph (1) to read:
(1)  The parent is currently unwilling or unable to meet the minor's needs and that 
will have a substantial adverse effect on the minor's well-being if the minor lives 
with the parent;, including but not limited to the situation of an adult living in the 
child's home who has:
(a)  Been convicted of a crime of violence of any classification as described in 
Title 17-A, sections 4 and 4-A, including but not limited to Class D domestic 
violence assault under Title 17-A, section 207-A; and
(b)  No documented record of successful completion of a certified domestic 
violence intervention program as described in Title 19‑A, section 4116, 
subsection 1 or a comparable program of counseling or treatment for domestic 
violence.
Sec. 2.  22 MRSA §4002, sub-§6, ¶C, as amended by PL 1983, c. 184, §2, is further 
amended to read:
C.  Abandonment of the child or absence of any person responsible for the child, which 
creates a threat of serious harm; or
Sec. 3.  22 MRSA §4002, sub-§6, ¶D, as corrected by RR 2021, c. 2, Pt. B, §178, 
is amended to read:
D.  The end of voluntary placement, when the imminent return of the child to the child's 
custodian causes a threat of serious harm.; or
Sec. 4.  22 MRSA §4002, sub-§6, ¶E is enacted to read:
E.  An adult living in the child's home who has:
(1) Been convicted of a crime of violence of any classification as described in Title 
17-A, sections 4 and 4-A, including but not limited to Class D domestic violence 
assault under Title 17-A, section 207-A; and
(2) No documented record of successful completion of a certified domestic 
violence intervention program as described in Title 19‑A, section 4116, subsection 
or a comparable program of counseling or treatment for domestic violence.
Sec. 5.  22 MRSA §4002, sub-§10, ¶B, as amended by PL 1985, c. 739, §3, is 
further amended to read:
B.  Serious mental or emotional injury or impairment which that now or in the future 
is likely to be evidenced by serious mental, behavioral or personality disorder, 
including severe anxiety, depression or withdrawal, untoward aggressive behavior, 
seriously delayed development or similar serious dysfunctional behavior; or
Sec. 6.  22 MRSA §4002, sub-§10, ¶C, as enacted by PL 1979, c. 733, §18, is 
amended to read:
C.  Sexual abuse or exploitation.; or
Sec. 7.  22 MRSA §4002, sub-§10, ¶D is enacted to read:
D.  The situation of an adult living in the child's home who has:
(1) Been convicted of a crime of violence of any classification as described in Title 
17-A, sections 4 and 4-A, including but not limited to Class D domestic violence 
assault under Title 17-A, section 207-A; and
(2) No documented record of successful completion of a certified domestic 
violence intervention program as described in Title 19‑A, section 4116, subsection 
or a comparable program of counseling or treatment for domestic violence.
Sec. 8.  22 MRSA §4035, sub-§2-B is enacted to read:
2-B.  Conviction or adjudication for crimes of violence; presumption.  There is a 
rebuttable presumption:
A. That the person seeking custody or contact with the child would create a situation 
of jeopardy for the child if any contact were to be permitted and that contact is not in 
the best interest of the child if the court finds that the person has:
(1) Been convicted or adjudicated of a crime of violence of any classification as 
described in Title 17-A, sections 4 and 4-A, including but not limited to Class D 
domestic violence assault under Title 17-A, section 207-A; and
(2) No documented record of successful completion of a certified domestic 
violence intervention program as described in Title 19‑A, section 4116, subsection 
or a comparable program of counseling or treatment for domestic violence.
The person seeking custody or contact with the child may produce evidence to rebut 
the presumption under this paragraph; and
B. That the parent or person responsible for the child would create a situation of 
jeopardy for the child if the parent or person allows, encourages or fails to prevent 
contact between the child and a person who has:  
(1) Been convicted or adjudicated of a crime of violence of any classification as 
described in Title 17-A, sections 4 and 4-A, including but not limited to Class D 
domestic violence assault under Title 17-A, section 207-A; and
(2) No documented record of successful completion of a certified domestic 
violence intervention program as described in Title 19‑A, section 4116, subsection 
or a comparable program of counseling or treatment for domestic violence.
The parent or person responsible for the child may produce evidence to rebut the 
presumption under this paragraph.
SUMMARY
This bill amends the provisions of law allowing a court to appoint a guardian for a 
minor, amends the definitions of jeopardy and serious harm under the Child and Family 
Services and Child Protection Act and establishes a presumption of jeopardy in a jeopardy 
proceeding for circumstances in which the parent of a child or a person in contact with the 
child has been convicted or adjudicated of a crime of violence of any classification and 
there is no documented record of successful completion of a certified domestic violence 
intervention program.