An Act to Clarify Available Relief for the Protection of At-risk
Maine Legislature, Session 132, LD 1832
Committee: Health and Human Services
Sponsors: BAILEY, ARATA
Amends: 4 MRSA §152, 18-C MRSA §5, 19-A MRSA §1511, 22 MRSA §4099-I

Legislative Document
No. 1832
S.P. 714
In Senate, April 30, 2025
An Act to Clarify Available Relief for the Protection of At-risk 
Children
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BAILEY of York.
Cosponsored by Representative ARATA of New Gloucester and
Senator: CARNEY of Cumberland, Representatives: KUHN of Falmouth, LEE of Auburn, 
SINCLAIR of Bath.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §152, sub-§16, as enacted by PL 2019, c. 366, §3, is amended to 
read:
16.  At-risk noncitizen children; petitions and motions.  Jurisdiction over petitions 
and motions regarding the protection, well-being, care and custody of unmarried 
noncitizens 18 years of age or older and under 21 years of age pursuant to Title 22, chapter 
1071, subchapter 17.
Sec. 2.  18-C MRSA §5-104, sub-§1-A, as enacted by PL 2019, c. 366, §4, is 
amended to read:
1-A.  At-risk noncitizen petitions children; motions.  The court has original 
jurisdiction over a petition motion regarding the protection, well-being, care and custody 
of an unmarried noncitizen pursuant to Title 22, chapter 1071, subchapter 17 who has not 
attained 18 years of age.
Sec. 3.  19-A MRSA §1511 is enacted to read:
§1511.  At-risk noncitizen children
In a court action under this Title involving parental rights and responsibilities, a court 
may adjudicate a motion under Title 22, section 4099-I, subsection 9 for special findings 
for at-risk noncitizen children.
Sec. 4.  22 MRSA §4099-I, as enacted by PL 2019, c. 366, §5, is amended to read:
§4099-I.  At-risk noncitizen children
1.  Definitions.  As used in this subchapter, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "At-risk" means there is reasonable cause to suspect that a child's health, safety and 
welfare is in jeopardy has been affected due to abuse, neglect, abandonment or similar 
circumstances and that return to the child's or the child's parent's country of origin 
nationality or country of last habitual residence would not be in the best interest of the 
child.
B.  Notwithstanding section 4002, subsection 2, "child" means an unmarried person 
who has not attained 21 years of age.
C.  "Court" includes or "juvenile court" means any court in the State with jurisdiction 
to make judicial determinations about the dependency, custody or care of children or 
parental rights and responsibilities with regard to children, including, but is not limited 
to, the Probate Court and District Court, or any other state court with juvenile 
jurisdiction.
D.  "Dependent on the court" means subject to the jurisdiction of a court competent to 
make decisions concerning the protection, well-being, care and custody of a child for 
findings, orders or referrals to support the health, safety and welfare of a child or to 
remedy the effects on a child of abuse, neglect, abandonment or similar circumstances.
E.  "Noncitizen" means any person who is not a United States citizen.
F.  "Similar circumstances" means conditions that have an effect on a child comparable 
to abuse, neglect or abandonment, including, but not limited to, the death of a parent.
2.  Petition for special findings and rulings relief for certain at-risk noncitizen 
children.  An at-risk noncitizen child may petition the court for special findings and relief. 
Upon reviewing the petition or complaint seeking special findings and relief, any 
supporting affidavits and other evidence presented, the court shall order relief to redress 
the effects of the abuse, neglect, abandonment or similar circumstances, including but not 
limited to relief under subsection 6, and issue findings of fact and rulings of law that must 
determine whether the child who is the subject of the proceeding:
A.  Is dependent on the court;
B.  Has suffered from abuse, neglect, abandonment or similar circumstances;
C.  May not be viably reunified with one or both parents due to abuse, neglect, 
abandonment or similar circumstances; and
D.  May not be returned to the child's or the child's parent's country of origin nationality 
or country of last habitual residence because it is not in the best interest of the child.
A court making a decision under this subsection is acting as a juvenile court in that it has 
jurisdiction over a child.
The health and safety of the child must be of paramount concern. When considering the 
child's health and safety, the court shall consider whether present or past living conditions 
will adversely affect the child's physical, mental or emotional health.
All proceedings and records related to this subsection are confidential and closed to the 
public. Only the parties to the proceeding, including, but not limited to, the petitioner, the 
noncitizen child and the child’s parents, the attorneys of the petitioner and the noncitizen 
child and the child's parents, the attorneys’ authorized agents and the child’s designee, may 
have access to the proceedings or records.
2-A.  Motion for special findings for at-risk noncitizen children.  In addition to or 
in lieu of filing a petition for relief under subsection 2, an at-risk noncitizen child may 
request the court for a special finding to be made in actions under Title 18-C, Title 19-A or 
this Title or any other action before a juvenile court. When it is in the best interest of the 
child who is the subject of the proceedings, and upon review of a motion or other request, 
any supporting affidavits and other evidence presented, the court shall issue findings of fact 
and rulings of law that must determine whether the child who is the subject of the 
proceeding:
A.  Is dependent on the court;
B.  Has suffered from abuse, neglect, abandonment or similar circumstances;
C.  May not be viably reunified with one or both parents due to abuse, neglect, 
abandonment or similar circumstances; and
D.  May not be returned to the child's or the child's parent's country of nationality or 
country of last habitual residence because it is not in the best interest of the child.
3.  Notice.  If the identity or location of the child's parents is unknown or if the parents 
reside outside of the United States, the court may serve notice using any alternative method 
of service the court determines is appropriate or waive service when the child is described 
in 8 United States Code, Section 1101(a)(27)(J)(2019) and 8 United States Code, Section 
1357(h)(2019).
4.  Expeditious adjudication.  A court shall hear, adjudicate and issue findings of fact 
and rulings of law on any petition or, complaint, motion or other request for special findings 
under this section as soon as it is administratively feasible and prior to the child reaching 
years of age to serve the best interest of the child.
5.  Availability of special findings.  Special findings are available under subsection 2 
for the protection, well-being, care and custody of an at-risk noncitizen child for whom a 
remedy is not otherwise available or appropriate under Title 18‑C, Title 19‑A or this Title.
6.  Referral for services or protection.  A child who is the subject of a petition for 
special findings under subsection 2 may be referred for psychiatric, psychological, 
educational, occupational, medical, dental or social services or for protection against 
human trafficking or domestic violence.  Participation in any referred services is voluntary.
7.  Additional available remedies; similar findings of fact and rulings of law.  
Nothing in this This section prevents does not prevent a petitioner from filing a complaint 
court from ordering relief under Title 18‑C, Title 19‑A or this Title or for any other remedy 
available under the laws of this State to protect the at-risk noncitizen child from further 
abuse or other harm, or to provide support.  Nothing in this section prevents the court from 
issuing similar findings of fact and rulings of law to those in subsection 2 in any other 
proceeding concerning a noncitizen child.
8.  Construction.  This section must be liberally construed to promote the best interest 
of the child.
9.  Reunification not viable.  A finding under this section that reunification is not 
viable does not require termination of parental rights. Visitation or contact with a parent, 
including by court order, does not preclude the court from finding that reunification with 
that parent is not viable due to abuse, neglect, abandonment or similar circumstances.
10.  Juvenile court.  A court that issues a decision pursuant to this subchapter is acting 
as a juvenile court.
11.  Health and safety.  The health and safety of the child must be of paramount 
concern to a court issuing a decision pursuant to this subchapter. When considering the 
child's health and safety, the court shall consider whether present or past living conditions 
will adversely affect the child's physical, mental or emotional health.
SUMMARY
This bill clarifies the distinction between the judicial proceedings for a petition for 
special findings and relief and a motion for special findings for certain at-risk noncitizen 
children, including the jurisdiction of certain courts in the State to adjudicate the 
proceedings. The bill also updates certain language and definitions to better align with 
language used in state and federal statute.