reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 1: GENERAL PROVISIONS › 18-C §9-103. Jurisdiction

§9-103. Jurisdiction
1.  Probate Court jurisdiction.
Subject to Title 4, section 152, subsection 5-A, the Probate Court has exclusive jurisdiction over the following:
A. Petitions for adoption;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Consents and reviews of withholdings of consent by persons other than a parent;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. Surrenders and releases;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
D. Termination of parental rights proceedings brought pursuant to section 9-204;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
E. Proceedings to determine the rights of putative parents of children whose adoptions or surrenders and releases are pending before the Probate Court; and   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
F. Reviews conducted pursuant to section 9-205.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  District Court jurisdiction.
The District Court has jurisdiction to conduct hearings pursuant to section 9-205. The District Court has jurisdiction over any matter described in subsection 1 if the proceeding concerns a child over whom the District Court has exclusive jurisdiction pursuant to Title 4, section 152, subsection 5-A.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 1: GENERAL PROVISIONS › 18-C §9-104. Venue; transfer

§9-104. Venue; transfer
1.  Venue if adoptee placed by agency or department.
If an adoptee is placed by a licensed child-placing agency or the department, the petition for adoption must be filed in the court in the county or division where:
A. The petitioner resides;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. The adoptee resides or was born;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. An office of the agency that placed the adoptee for adoption is located; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
D. Parental rights of the minor adoptee’s parents have been terminated.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Venue if agency or department not involved in placement.
If an adoptee is not placed by a licensed child-placing agency or the department, the petition for adoption must be filed in the county or division where the adoptee resides or where the petitioners reside.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Transfer.
If, in the interests of justice or for the convenience of the parties, the court finds that the matter should be heard in another court, the court may transfer, stay or dismiss the proceeding, subject to any further conditions imposed by the court.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 1: GENERAL PROVISIONS › 18-C §9-105. Rights of adopted persons

§9-105. Rights of adopted persons
Except as otherwise provided by law, an adopted person has all the same rights, including inheritance rights, that a child born to the adoptive parents would have. An adoptee also retains the right to inherit from the adoptee's former parents if the adoption decree so provides, as specified in section 2-117.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 1: GENERAL PROVISIONS › 18-C §9-106. Legal representation

§9-106. Legal representation
1.  Attorney for parents.
The parents are entitled to an attorney for any hearing held pursuant to this Article. If a parent or putative parent wants an attorney but is unable to afford one, the parent or the putative parent may request the court to appoint an attorney. If the court finds the requesting party indigent, the court shall appoint and pay the reasonable costs and expenses of the attorney of the indigent party. The attorney may not be the attorney for the adoptive parents.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Attorney for minor indigent parent.
When the adoptee is unrelated to the petitioner, the court shall appoint an attorney who is not the attorney for the adoptive parents to represent a minor indigent parent at every stage of the proceedings unless the minor indigent parent refuses representation or the court determines that representation is unnecessary.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 1: GENERAL PROVISIONS › 18-C §9-107. Indian Child Welfare Act of 1978 and Maine Indian Child Welfare Act

§9-107. Indian Child Welfare Act of 1978 and Maine Indian Child Welfare Act
The federal Indian Child Welfare Act of 1978, 25 United States Code, Section 1901 et seq. and the Maine Indian Child Welfare Act govern all proceedings under this Article that pertain to an Indian child as defined in those Acts.   [PL 2023, c. 359, §2 (AMD).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2023, c. 359, §2 (AMD).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 1: GENERAL PROVISIONS › 18-C §9-108. Application of prior laws

§9-108. Application of prior laws
The laws in effect on August 31, 2019 apply to proceedings for which any of the following occurred before September 1, 2019:   [PL 2019, c. 417, Pt. B, §13 (AMD).]
1.  Consent.
The filing of a consent;
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Surrender and release.
The filing of a surrender and release;
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Waiver of notice.
The filing of a waiver of notice by a parent or putative parent under former Title 19, section 532-C;
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
4.  Order terminating parental rights.
The issuance of an order terminating parental rights; or
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
5.  Adoption petition.
The filing of a petition for adoption.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §13 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 1: GENERAL PROVISIONS › 18-C §9-109. Mediation

§9-109. Mediation
The court may refer the parties to mediation at any time after a petition is filed if mediation services are available at a reasonable fee or no cost, and may require that the parties have made a good faith effort to mediate the issue before holding a hearing. An agreement reached by the parties through mediation on an issue must be reduced to writing, signed by the parties and presented to the court for approval as a court order.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 2: DETERMINATION OF PARENTAGE AND TERMINATION OF PARENTAL RIGHTS › 18-C §9-203. Duties and responsibilities subsequent to surrender and release

§9-203. Duties and responsibilities subsequent to surrender and release
Without notice to the parent or parents, the surrender and release authorized pursuant to section 9-202 may be transferred together with all rights under section 9-202 from the transferee agency to the department or from the department as original transferee to any licensed child-placing agency. If the licensed child-placing agency or the department is unable to find a suitable adoptive home for a child surrendered and released by a parent or parents, the licensed child-placing agency or the department to whom custody and control of that child have been surrendered and released or transferred shall request a review pursuant to section 9-205.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 2: DETERMINATION OF PARENTAGE AND TERMINATION OF PARENTAL RIGHTS › 18-C §9-205. Review

§9-205. Review
1.  Judicial review required; 18 months.
The court shall conduct a judicial review if:
A. A child is not adopted within 18 months of the execution of a surrender and release;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. The adoption is not finalized within 18 months of the consent to an adoption by a parent or parents; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. A petition for adoption is not finalized within 18 months.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Determination whether adoption viable plan; review; plan; District Court.
If, after judicial review under subsection 1, the court determines that adoption is still a viable plan for the child, the court shall schedule another judicial review within 2 years. If the court determines that adoption is no longer a viable plan, the court shall attempt to notify the parents, who must be given an opportunity to present an acceptable plan for the child. If either or both parents are able and willing to assume physical custody of the child, the court shall declare the surrender and release or the consent void.
If the parents are not notified or are unable or unwilling to assume physical custody of the child or if the court determines that placement of the child with the parents would constitute jeopardy as defined by Title 22, section 4002, subsection 6, the case must be transferred to the District Court for a hearing pursuant to Title 22, section 4038‑A.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 3: ADOPTION PROCEDURES › 18-C §9-301. Petition for adoption and change of name; filing fee

§9-301. Petition for adoption and change of name; filing fee
Spouses or unmarried persons jointly or an unmarried person, whether resident or nonresident of the State, may petition the court to adopt a person, regardless of age, and to change that person's name. The fee for filing the petition is $65 plus:   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
1.  National criminal history record check fee.
The fee for a national criminal history record check for noncriminal justice purposes set by the Federal Bureau of Investigation for each prospective adoptive parent who is not a parent of the child; and
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  State criminal history record check fee.
The fee for a state criminal history record check for noncriminal justice purposes established pursuant to Title 25, section 1541, subsection 6 for each prospective adoptive parent who is not a parent of the child.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 3: ADOPTION PROCEDURES › 18-C §9-303. Petition

§9-303. Petition
1.  Sworn; contents.
A petition for adoption must be sworn to by the petitioner and must include:
A. The full name, age and place of residence of the petitioner and, if married, the place and date of marriage;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. The date and place of birth of the adoptee, if known;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. The birth name of the adoptee, any other names by which the adoptee has been known and the adoptee's proposed new name, if any;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
D. The residence of the adoptee at the time of the filing of the petition;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
E. A statement of the petitioner's intention to establish a parent-child relationship between the petitioner and the adoptee and a statement that the petitioner is a fit and proper person able to care and provide for the adoptee's welfare;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
F. The names and addresses of all persons or agencies known to the petitioner that affect the custody of, visitation with or access to the adoptee;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
G. The relationship, if any, of the petitioner to the adoptee;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
H. The names and addresses of the department and the licensed child-placing agency, if any;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
I. The names and addresses of all persons known to the petitioner at the time of filing from whom consent to the adoption is required; and   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
J. If the petition is for the adoption of a minor child, a statement that the petitioner acknowledges that after the adoption is finalized, the transfer of the long-term care and custody of the adoptee without a court order is prohibited under Title 17‑A, section 553, subsection 1, paragraphs C and D.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Information to be shared and updated.
A petitioner shall indicate to the court what information the petitioner is willing to share with the parents and under what circumstances and shall provide a mechanism for updating that information.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Caption.
The caption of a petition for adoption may be styled "In the Matter of the Adoption Petition of (name of adoptee)." The petitioner must also be designated in the caption.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 3: ADOPTION PROCEDURES › 18-C §9-305. Evidence; procedure

§9-305. Evidence; procedure
The court may proceed as follows in considering a petition for adoption.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
1.  Adoptee interview.
The court may interview any adoptee, and shall interview an adoptee who is 12 years of age or older, outside the presence of the prospective adoptive parents, to determine the adoptee's attitudes and desires about the adoption and other relevant issues.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Inspection of records; disclosure.
The court may conduct an inspection in camera of records of relevant child protective proceedings and may disclose only that information necessary for the determination of any issue before the court. Any disclosure of information must be done pursuant to Title 22, section 4008, subsection 3.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Recording; expenses.
The parties may request a recording of the proceedings. The requesting party shall pay the expense of the recording.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 3: ADOPTION PROCEDURES › 18-C §9-307. Adoption not granted

§9-307. Adoption not granted
If the court determines that it is unable to finalize an adoption to which parents have consented, the court shall notify the parents that the court has not granted the adoption and shall conduct a review pursuant to section 9‑205.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 3: ADOPTION PROCEDURES › 18-C §9-309. Appeals

§9-309. Appeals
1.  Appeal; bond not required of child or next friend.
Any party may appeal from any order entered under this Article to the Supreme Judicial Court sitting as the Law Court, as in other civil actions, but a bond to prosecute an appeal is not required of a child or next friend and costs may not be awarded against either.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Appeal expedited.
An appeal from any order under this Article must be expedited.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Attorney, guardian ad litem continues.
An attorney or guardian ad litem appointed to represent a party in an adoption proceeding continues to represent the interests of that party in any appeal unless otherwise ordered by the court.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 3: ADOPTION PROCEDURES › 18-C §9-310. Records confidential

§9-310. Records confidential
Notwithstanding any other provision of law and except as provided in Title 22, section 2768, all court records relating to an adoption decreed on or after August 8, 1953 are confidential. The court shall keep records of those adoptions segregated from all other court records. If a court determines that examination of records pertaining to a particular adoption is proper, the court may authorize that examination by specified persons, authorize the register to disclose to specified persons any information contained in the records by letter, certificate or copy of the record or authorize a combination of both examination and disclosure.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
Any medical or genetic information in the court records relating to an adoption must be made available to the adopted child when the adopted child attains 18 years of age and to the adopted child's descendants, adoptive parents or legal guardian on petition of the court.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 3: ADOPTION PROCEDURES › 18-C §9-311. Interstate placements

§9-311. Interstate placements
1.  Certificate of compliance; bring child to this State.
A person or agency who intends to bring a child to this State from another state for the purpose of adoption must provide to the court the certification of compliance as required by the department pursuant to Title 22, chapter 1153 or 1154, as applicable.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Certificate of compliance; remove child from this State.
A person or agency who intends to remove a child from this State for the purpose of adoption in another state must obtain from the department certification of compliance with Title 22, chapter 1153 or 1154, as applicable, prior to the removal of the child from this State.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Department certification required.
The court may not grant a petition to adopt a child who has been brought to or will be removed from this State for the purpose of adoption without department certification of compliance with Title 22, chapter 1153 or 1154, as applicable.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
4.  Civil violation.
An agency or person who fails to comply with this section commits a civil violation for which a fine of not less than $100 and not more than $5,000 may be adjudged.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 3: ADOPTION PROCEDURES › 18-C §9-312. Foreign adoptions

§9-312. Foreign adoptions
If an adoption in a foreign country has been finalized and the adopting parents are seeking an adoption under the laws of this State to give recognition to the foreign adoption, a court may enter a decree of adoption based solely upon a judgment of adoption in a foreign country and may order a change of name if requested by the adopting parents. The fee for filing the petition is $55.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 3: ADOPTION PROCEDURES › 18-C §9-313. Advertisement

§9-313. Advertisement
1.  Definitions.
As used in this section, the following terms have the following meanings.
A. "Advertise" means to communicate by any public medium that originates within this State, including by newspaper, periodical, telephone book listing, outdoor advertising sign, radio or television, or by any computerized communication system, including by e-mail, website, Internet account or any similar medium of communication provided via the Internet.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. "Internet account" means an account created within a bounded system established by an Internet-based service that requires a user to input or store access information in an electronic device in order to view, create, use or edit the user's account information, profile, display, communications or stored data.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Advertising prohibited.
A person may not:
A. Advertise for the purpose of finding a child to adopt or to otherwise take into permanent physical custody;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Advertise that the person will find an adoptive home or any other permanent physical placement for a child or arrange for or assist in the adoption, adoptive placement or any other permanent physical placement of a child;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. Advertise that the person will place a child for adoption or in any other permanent physical placement; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
D. Advertise for the purpose of finding a person to adopt or otherwise take into permanent custody a particular child.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Exceptions.
This section does not prohibit:
A. The department or a child-placing agency from advertising in accordance with rules adopted by the department; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. An attorney licensed to practice in this State from advertising the attorney's availability to practice or provide services relating to the adoption of children.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
4.  Violation.
A person who violates subsection 2 commits a civil violation for which a fine of not more than $5,000 may be adjudged.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 3: ADOPTION PROCEDURES › 18-C §9-314. Immunity from liability for good faith reporting; proceedings

§9-314. Immunity from liability for good faith reporting; proceedings
A person, including an agent of the department, who participates in good faith in reporting violations of this Article or participates in a related child protection investigation or proceeding is immune from any criminal or civil liability for reporting or participating in the investigation or proceeding. For purposes of this section, "good faith" does not include instances when a false report is made and the person knows the report is false.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 3: ADOPTION PROCEDURES › 18-C §9-315. Annulment of the adoption decree

§9-315. Annulment of the adoption decree
1.  Annulment; reasons and limitations.
A court may, on petition filed within one year of the decree of adoption and after notice and hearing, reverse and annul an adoption decree based on findings by clear and convincing evidence that the adoption was obtained as a result of fraud, duress or illegal procedures.
A. If the adoptee is a minor, the court shall appoint a guardian ad litem on behalf of the minor adoptee and shall consider the best interest of the child, taking into account the factors set forth in Title 19‑A, section 1653, subsection 3. The court shall sustain the decree unless there is clear and convincing evidence of one or more bases for annulment and that the decree is not in the best interest of the child.
The court may allocate the costs of the guardian ad litem to one or more of the parties and may appoint counsel for a minor adoptee or a party to the annulment proceedings. A minor adoptee may appear and be represented by counsel.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. Subject to the disposition of an appeal, upon the expiration of one year after an adoption decree is issued, the decree may not be questioned by any person including the petitioner, in any manner upon any ground, including fraud, misrepresentation, failure to give any required notice or lack of jurisdiction of the parties or of the subject matter.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Notice.
Notice of a petition to annul must be given to the parents, except those whose parental rights were terminated through a proceeding pursuant to Title 22, section 4055, subsection 1, paragraph B, subparagraph (2), and to all parties to the adoption including the adoptive parents, an adoptee who is 14 years of age or older and the agency involved in the adoption.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Certified copy of annulment.
After the court annuls a decree of adoption, the register shall transmit immediately a certified copy of the annulment to the State Registrar of Vital Statistics.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 4: ADOPTION ASSISTANCE PROGRAM › 18-C §9-402. Adoption assistance

§9-402. Adoption assistance
1.  Eligible applicants.
An application for the program may be submitted by the following persons:
A. A foster parent interested in adopting an eligible child in the foster parent's care;   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
B. A person interested in adopting an eligible child; or   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
C. An adoptive parent who was not informed of the program or of facts relevant to a child's eligibility when adopting a child who was at the time of adoption eligible for participation in the program.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Standards for adoption apply.
All applicants for the program must meet department standards for adoption except for financial eligibility.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Assistance based on special needs.
Assistance under the program may be provided for special needs only and may be varied based on the special needs of the child. Assistance may be provided for a period of time based on the special needs of the child.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 4: ADOPTION ASSISTANCE PROGRAM › 18-C §9-403. Administration

§9-403. Administration
1.  Written agreement before final decree; exceptions; reduction in payments.
A written agreement between an applicant entering into the program and the department must precede the final decree of adoption, except that an application may be filed subsequent to the finalization of the adoption if there were facts relevant to the child's eligibility that were not presented at the time of the request for assistance or if the child was eligible for participation in the program at the time of placement and the adoptive parents were not informed of the program.
Except as provided by section 9‑401, subsection 8, once an adoption assistance payment is agreed upon and the agreement signed by the prospective adoptive parents, the department may not reduce the adoption assistance payment amounts.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2.  Annual determination.
If assistance under the program continues for more than one year, the need for assistance must be annually redetermined. Adoption assistance continues regardless of the state in which the adoptive parents reside, or the state to which the adoptive parents move, as long as the adoptive parents continue to be eligible based on the annual redetermination of need.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
3.  Transfer to legal guardian; new agreement.
Upon the death of all adoptive parents, adoption assistance under the program may be transferred to the legal guardian as long as the child continues to be eligible for adoption assistance pursuant to the terms of the most recent adoption assistance agreement with the adoptive parents. The department shall enter into a new assistance agreement with the legal guardian.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 9: ADOPTION › Part 4: ADOPTION ASSISTANCE PROGRAM › 18-C §9-404. Rules

§9-404. Rules
The department shall adopt rules for the program consistent with this Part.   [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 10: MAINE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › 18-C §10-101. Short title

§10-101. Short title
This Article may be known and cited as "the Maine Revised Uniform Fiduciary Access to Digital Assets Act."   [PL 2019, c. 417, Pt. A, §107 (NEW).]
SECTION HISTORY
PL 2019, c. 417, Pt. A, §107 (NEW).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 10: MAINE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › 18-C §10-103. Applicability

§10-103. Applicability
1.  Applicable date.
This Act applies to:
A. A fiduciary or agent acting under a will or power of attorney executed before, on or after July 1, 2018;   [PL 2019, c. 417, Pt. A, §107 (NEW).]
B. A personal representative acting for a decedent who died before, on or after July 1, 2018;   [PL 2019, c. 417, Pt. A, §107 (NEW).]
C. A conservatorship proceeding commenced before, on or after July 1, 2018; and   [PL 2019, c. 417, Pt. A, §107 (NEW).]
D. A trustee acting under a trust created before, on or after July 1, 2018.   [PL 2019, c. 417, Pt. A, §107 (NEW).]
[PL 2019, c. 417, Pt. A, §107 (NEW).]
2.  User resident of this State.
This Act applies to a custodian if the user resides in this State or resided in this State at the time of the user's death.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
3.  Digital asset of employer.
This Act does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
SECTION HISTORY
PL 2019, c. 417, Pt. A, §107 (NEW).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 10: MAINE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › 18-C §10-104. User direction for disclosure of digital assets

§10-104. User direction for disclosure of digital assets
1.  Use of online tool.
A user may use an online tool to direct the custodian to disclose to a designated recipient or not to disclose some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney or other record.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
2.  No online tool used.
If a user has not used an online tool to give direction under subsection 1 or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney or other record disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
3.  User direction overrides.
A user's direction under subsection 1 or 2 overrides a contrary provision in a terms of service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
SECTION HISTORY
PL 2019, c. 417, Pt. A, §107 (NEW).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 10: MAINE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › 18-C §10-105. Terms of service agreement

§10-105. Terms of service agreement
1.  Rights of custodian or user not changed or impaired.
This Act does not change or impair a right of a custodian or a user under a terms of service agreement to access and use digital assets of the user.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
2.  No new or expanded rights to fiduciary or designated recipient.
This Act does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
3.  Fiduciary's or designated recipient's access may be modified or eliminated.
A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law or by a terms of service agreement if the user has not provided direction under section 10-104.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
SECTION HISTORY
PL 2019, c. 417, Pt. A, §107 (NEW).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 10: MAINE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › 18-C §10-106. Procedure for disclosing digital assets

§10-106. Procedure for disclosing digital assets
1.  Disclosure at discretion of custodian.
When disclosing digital assets of a user under this Act, the custodian may at its sole discretion:
A. Grant a fiduciary or designated recipient full access to the user's account;   [PL 2019, c. 417, Pt. A, §107 (NEW).]
B. Grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or   [PL 2019, c. 417, Pt. A, §107 (NEW).]
C. Provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.   [PL 2019, c. 417, Pt. A, §107 (NEW).]
[PL 2019, c. 417, Pt. A, §107 (NEW).]
2.  Administrative charge.
A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this Act.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
3.  Deleted digital assets.
A custodian need not disclose under this Act a digital asset deleted by a user.
[PL 2019, c. 417, Pt. A, §107 (NEW).]
4.  Undue burden on custodian; court order to disclose.
If a user directs or a fiduciary requests a custodian to disclose under this Act some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:
A. A subset limited by date of the user's digital assets;   [PL 2019, c. 417, Pt. A, §107 (NEW).]
B. All of the user's digital assets to the fiduciary or designated recipient;   [PL 2019, c. 417, Pt. A, §107 (NEW).]
C. None of the user's digital assets; or   [PL 2019, c. 417, Pt. A, §107 (NEW).]
D. All of the user's digital assets to the court for review in camera.   [PL 2019, c. 417, Pt. A, §107 (NEW).]
[PL 2019, c. 417, Pt. A, §107 (NEW).]
SECTION HISTORY
PL 2019, c. 417, Pt. A, §107 (NEW).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 10: MAINE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › 18-C §10-107. Disclosure of content of electronic communications of deceased user

§10-107. Disclosure of content of electronic communications of deceased user
If a deceased user consented to or a court directs disclosure of the content of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication if the representative gives the custodian:   [PL 2019, c. 417, Pt. A, §107 (NEW).]
1.  Written request.
A written request for disclosure in physical or electronic form;
[PL 2019, c. 417, Pt. A, §107 (NEW).]
2.  Death certificate.
A copy of the death certificate of the user;
[PL 2019, c. 417, Pt. A, §107 (NEW).]
3.  Letters of appointment or court order.
A copy of the letters of appointment of the personal representative or court order;
[PL 2019, c. 417, Pt. A, §107 (NEW).]
4.  Record of consent to disclosure.
Unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney or other record evidencing the user's consent to disclosure of the content of electronic communications; and
[PL 2019, c. 417, Pt. A, §107 (NEW).]
5.  Information requested by custodian.
If requested by the custodian:
A. A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;   [PL 2019, c. 417, Pt. A, §107 (NEW).]
B. Evidence linking the account to the user; or   [PL 2019, c. 417, Pt. A, §107 (NEW).]
C. A finding by the court that:
(1) The user had a specific account with the custodian, identifiable by the information specified in paragraph A;
(2) Disclosure of the content of electronic communications of the user would not violate 18 United States Code, Section 2701 et seq., 47 United States Code, Section 222 or other applicable law;
(3) Unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or
(4) Disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.   [PL 2019, c. 417, Pt. A, §107 (NEW).]
[PL 2019, c. 417, Pt. A, §107 (NEW).]
SECTION HISTORY
PL 2019, c. 417, Pt. A, §107 (NEW).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 10: MAINE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › 18-C §10-108. Disclosure of other digital assets of deceased user

§10-108. Disclosure of other digital assets of deceased user
Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalog of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user if the representative gives the custodian:   [PL 2019, c. 417, Pt. A, §107 (NEW).]
1.  Written request.
A written request for disclosure in physical or electronic form;
[PL 2019, c. 417, Pt. A, §107 (NEW).]
2.  Death certificate.
A copy of the death certificate of the user;
[PL 2019, c. 417, Pt. A, §107 (NEW).]
3.  Letters of appointment or court order.
A copy of the letters of appointment of the personal representative or court order; and
[PL 2019, c. 417, Pt. A, §107 (NEW).]
4.  Information requested by custodian.
If requested by the custodian:
A. A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the user's account;   [PL 2019, c. 417, Pt. A, §107 (NEW).]
B. Evidence linking the account to the user;   [PL 2019, c. 417, Pt. A, §107 (NEW).]
C. An affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or   [PL 2019, c. 417, Pt. A, §107 (NEW).]
D. A finding by the court that:
(1) The user had a specific account with the custodian, identifiable by the information specified in paragraph A; or
(2) Disclosure of the user's digital assets is reasonably necessary for administration of the estate.   [PL 2019, c. 417, Pt. A, §107 (NEW).]
[PL 2019, c. 417, Pt. A, §107 (NEW).]
SECTION HISTORY
PL 2019, c. 417, Pt. A, §107 (NEW).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 10: MAINE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › 18-C §10-109. Disclosure of content of electronic communications of principal

§10-109. Disclosure of content of electronic communications of principal
To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content of electronic communications if the agent gives the custodian:   [PL 2019, c. 417, Pt. A, §107 (NEW).]
1.  Written request.
A written request for disclosure in physical or electronic form;
[PL 2019, c. 417, Pt. A, §107 (NEW).]
2.  Power of attorney.
An original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;
[PL 2019, c. 417, Pt. A, §107 (NEW).]
3.  Agent's certificate.
A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
[PL 2019, c. 417, Pt. A, §107 (NEW).]
4.  Information requested by custodian.
If requested by the custodian:
A. A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or   [PL 2019, c. 417, Pt. A, §107 (NEW).]
B. Evidence linking the account to the principal.   [PL 2019, c. 417, Pt. A, §107 (NEW).]
[PL 2019, c. 417, Pt. A, §107 (NEW).]
SECTION HISTORY
PL 2019, c. 417, Pt. A, §107 (NEW).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 10: MAINE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › 18-C §10-110. Disclosure of other digital assets of principal

§10-110. Disclosure of other digital assets of principal
Unless otherwise ordered by the court, directed by the principal or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets or general authority to act on behalf of a principal a catalog of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:   [PL 2019, c. 417, Pt. A, §107 (NEW).]
1.  Written request.
A written request for disclosure in physical or electronic form;
[PL 2019, c. 417, Pt. A, §107 (NEW).]
2.  Power of attorney.
An original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;
[PL 2019, c. 417, Pt. A, §107 (NEW).]
3.  Agent's certificate.
A certification by the agent, under penalty of perjury, that the power of attorney is in effect; and
[PL 2019, c. 417, Pt. A, §107 (NEW).]
4.  Information requested by custodian.
If requested by the custodian:
A. A number, username, address or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or   [PL 2019, c. 417, Pt. A, §107 (NEW).]
B. Evidence linking the account to the principal.   [PL 2019, c. 417, Pt. A, §107 (NEW).]
[PL 2019, c. 417, Pt. A, §107 (NEW).]
SECTION HISTORY
PL 2019, c. 417, Pt. A, §107 (NEW).
2023 Maine Revised Statutes › TITLE 18-C: PROBATE CODE › Article 10: MAINE REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT › 18-C §10-111. Disclosure of digital assets held in trust when trustee is original user

§10-111. Disclosure of digital assets held in trust when trustee is original user
Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalog of electronic communications of the trustee and the content of those electronic communications.   [PL 2019, c. 417, Pt. A, §107 (NEW).]
SECTION HISTORY
PL 2019, c. 417, Pt. A, §107 (NEW).