Maine LD 890: An Act To Ensure a Continuing Home Court for Cases Involving Children

LD 890 (subjects: DOMESTIC RELATIONS , CHILD CUSTODY )

Official bill page at mainelegislature.org: http://www.mainelegislature.org/legis/bills/display_ps.asp?ld=890&PID=1456&snum=127


Sponsors | Actions | Bill Text | Patterns of Support | In The News


Sponsors

Principal Sponsor: Rep. Kimberly Monaghan-Derrig of Cape Elizabeth: (D – District 30) — e-mail | Twitter | Facebook

3 Cosponsors:

Actions

Chamber

Action
3/12/2015 House Committee on Judiciary suggested and ordered printed.
The Bill was REFERRED to the Committee on JUDICIARY.
Sent for concurrence. ORDERED SENT FORTHWITH.
3/12/2015 Senate On motion by Senator Burns of Washington, REFERRED to the Committee on Judiciary, in concurrence.
6/30/2015 Senate CARRIED OVER to any Special or Regular Session of the 127th Legislature pursuant to Joint Order HP 992. in concurrence
6/30/2015 House Carried over to any special and/or regular session of the 127th Legislature pursuant to Joint Order HP 992.
6/30/2015 Senate CARRIED OVER to any Special or Regular Session of the 127th Legislature pursuant to Joint Order HP 992. , in concurrence.
2/25/2016 House Reports READ.
On motion of Representative HOBBINS of Saco, the Majority Ought to Pass as Amended Report was ACCEPTED.
The Bill was READ ONCE.
Committee Amendment “A” (H-522) was READ and ADOPTED.
TOMORROW ASSIGNED FOR SECOND READING.
3/1/2016 House Committee on Bills in the Second Reading Reports no further verbal amendments necessary Representative McLEAN of Gorham, Chair, House of Representatives Report Accepted.
READ the Second Time.
The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment “A” (H-522).
Sent for concurrence. ORDERED SENT FORTHWITH.
3/3/2016 Senate Reports READ.
On motion by Senator BURNS of Washington the Majority Ought to Pass as Amended Report ACCEPTED, in concurrence.
READ ONCE.
Committee Amendment “A” (H-522) READ and ADOPTED, in concurrence.
ASSIGNED FOR SECOND READING NEXT LEGISLATIVE DAY.
3/8/2016 Senate COMMITTEE ON BILLS IN THE SECOND READING REPORTS NO FURTHER VERBAL AMENDMENTS NECESSARY, Senator Saviello, Senate Chair. REPORT ACCEPTED.

READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment “A” (H-522), in concurrence.

Ordered sent down forthwith.
3/10/2016 House PASSED TO BE ENACTED.
Sent for concurrence. ORDERED SENT FORTHWITH.
3/15/2016 Senate On motion by Senator HAMPER of Oxford PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending ENACTMENT in concurrence
4/11/2016 Senate On Motion by Senator HAMPER of Oxford taken from the SPECIAL APPROPRIATIONS TABLE.
PASSED TO BE ENACTED in concurrence

Bill Text

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An Act To Ensure a Continuing Home Court for Cases Involving Children

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 4 MRSA 152, sub- 5-A is enacted to read:

5-A. Concurrent jurisdiction; exclusive, continuing jurisdiction. Except as provided in paragraph A, original jurisdiction, concurrent with that of the Probate Court, of actions for guardianship, adoption, change of name or other matters implicating custody or other parental rights brought under Title 18-A.

A. The District Court has exclusive, continuing jurisdiction of any matter concerning custody or other parental rights of a child, including but not limited to adoption, divorce, parental rights and responsibilities, grandparents rights, protective custody, change of name, guardianship, paternity, termination of parental rights and protection from abuse or harassment, if:

(1) An interim or final order concerning the child was entered in the District Court and remains in effect;

(2) Proceedings seeking an order under subparagraph (1) are pending in the District Court; or

(3) A matter has been removed to the District Court from the Probate Court pursuant to section 251-A, subsection 3.

B. The District Court presiding over any matter concerning custody or other parental rights of a minor child shall require all parties to disclose whether they have knowledge of any interim or final order then in effect concerning custody or other parental rights of the minor child, any proceeding to seek such an order or other related actions currently filed or pending before any court of this or another state, including before a Probate Court. If the District Court becomes aware that it has exclusive jurisdiction in such a matter, it shall notify the Probate Court and take all appropriate action to facilitate a transfer of the matter from the Probate Court.

Sec. 2. 4 MRSA 251 is amended to read:

251. General jurisdiction

Each judge may take the probate of wills and grant letters testamentary or of administration on the estates of all deceased persons who, at the time of their death, where inhabitants or residents of his the judge’s county or who, not being residents of the State, died leaving estate to be administered in his the judge’s county, or whose estate is afterwards found therein; and has jurisdiction of all matters relating to the settlement of such estates. He A judge may grant leave to adopt children, change the names of persons, appoint guardians for minors and others according to law , and has jurisdiction as to persons under guardianship, and as to whatever else is conferred on him by law , except in cases in which the District Court has exclusive, continuing jurisdiction over a child pursuant to section 152, subsection 5-A or matters that have been removed to the District Court pursuant to section 251-A, subsection 3.

Sec. 3. 4 MRSA 251-A is enacted to read:

251-A. Other proceedings involving parental rights; transfer of jurisdiction to District Court

1. Disclosure of orders and proceedings. The judge of probate presiding over any matter involving guardianship, adoption, change of name or other matters concerning custody or other parental rights of a minor child shall require all parties to disclose whether they have knowledge of any interim or final order then in effect concerning custody or other parental rights of the minor child, any proceeding seeking such an order or other related actions currently filed or pending before any court of this or another state.
2. Transfer to District Court. If in a matter before the Probate Court concerning a child, a judge of probate becomes aware that the District Court may have issued an interim or final order concerning the custody or other parental rights of a child, or may have before the District Court pending proceedings seeking custody or other parental rights of a child, the judge shall contact the District Court to determine whether the child is under the exclusive, continuing jurisdiction of the District Court pursuant to section 152, subsection 5-A. If the judge of probate confirms that the District Court has such jurisdiction, the judge of probate shall transfer the matter to the District Court.
3. Petition by party; rules. Upon petition by a party to a proceeding involving guardianship, adoption, change of name or other matters concerning custody or other parental rights of a minor child brought in the court of probate, the proceeding may be removed to the District Court under such procedures as the Supreme Judicial Court may by rule provide if any civil matter involving the minor child is pending or has been finally adjudicated in the District Court.

Sec. 4. 18-A MRSA 1-701, sub- (a), as enacted by PL 2001, c. 163, 1, is amended to read:

(a). If a person desires to have that person’s name changed, the person may petition the judge of probate in the county where the person resides. If the person is a minor, the person’s legal custodian may petition in the person’s behalf. If the person is a minor and the District Court has exclusive, continuing jurisdiction regarding the minor pursuant to Title 4, section 152, subsection 5-A, the proceeding must be filed in or transferred to the District Court.

Sec. 5. 18-A MRSA 5-102, sub- (a), as enacted by PL 1979, c. 540, 1, is amended to read:

(a). The Subject to the exclusive jurisdiction of the District Court in matters concerning minors as provided in Title 4, section 152, subsection 5-A, the court has exclusive concurrent jurisdiction over guardianship proceedings and has jurisdiction over protective proceedings to the extent provided in section 5-402.

Sec. 6. 18-A MRSA 9-103, as enacted by PL 1995, c. 694, Pt. C, 7 and affected by Pt. E, 2, is amended to read:

9-103. Jurisdiction

(a). The Probate Court has exclusive concurrent jurisdiction over the following:

(1). Petitions for adoption;
(2). Consents and reviews of withholdings of consent by persons other than a parent;
(3). Surrenders and releases;
(4). Termination of parental rights proceedings brought pursuant to section 9-204;
(5). Proceedings to determine the rights of putative fathers of children whose adoptions or surrenders and releases are pending before the Probate Court; and
(6). Reviews conducted pursuant to section 9-205.

(b). The District Court has jurisdiction to conduct hearings pursuant to section 9-205. The District Court has jurisdiction over any matter described in subsection (a) if the proceeding concerns a child over whom the District Court has exclusive, continuing jurisdiction pursuant to Title 4, section 152, subsection 5-A or any matter that has been removed to District Court pursuant to Title 4, section 251-A, subsection 3.

Sec. 7. 18-A MRSA 9-204, sub- (a), as enacted by PL 1995, c. 694, Pt. C, 7 and affected by Pt. E, 2, is amended to read:

(a). A petition for termination of parental rights may be brought in Probate Court in which an adoption petition is properly filed as part of that adoption petition except when a child protection proceeding is pending or is subject to review by the District Court has exclusive, continuing jurisdiction over the child pursuant to Title 4, section 152, subsection 5-A.

SUMMARY

This bill extends the jurisdiction of the District Court to be concurrent with the courts of probate over matters concerning custody or other parental rights of a child under the Maine Revised Statutes, Title 18-A, including, but not limited to, adoption, termination of parental rights, change of name and guardianship of a minor. The District Court has exclusive, continuing jurisdiction over a matter concerning custody or other parental rights of a child if an interim or final order concerning the child was entered in the District Court and remains in effect, proceedings seeking such an order are pending in the District Court or a matter has been removed to the District Court from the Probate Court.

This bill provides that, in any matter concerning custody or other parental rights of a child, the judge of the District Court or the probate judge who is presiding require all parties to disclose whether they have knowledge of any interim or final order then in effect concerning custody or other parental rights of the minor child, any proceeding seeking such an order or other related actions currently filed or pending before any court of this or another state. If the proceeding is in a Probate Court and the judge determines that the District Court has exclusive, continuing jurisdiction, the judge of probate must transfer the case to the District Court.

Upon petition by a party to a proceeding involving guardianship, adoption, change of name or other matters concerning custody or other parental rights of a minor child brought in the court of probate, the proceeding may be removed to the District Court under such procedures as the Supreme Judicial Court may by rule provide if any civil matter involving the minor child is pending or has been finally adjudicated in the District Court.

Patterns of Support

Pattern of Cosponsorship by Region:

Pattern of Cosponsorship by Gender:

Pattern of Cosponsorship by Party:

Pattern of Cosponsorship by Campaign Finance Classification:

Note: Maine Clean Elections Act (MCEA) Qualified candidates only accept a small dollar value of initial contributions early in their campaigns, pledge not to accept further campaign contributions from private sources, and receive public funding for their campaigns. MCEA Non-Qualified candidates choose not to obtain public funding and instead are free to accept campaign contributions from individuals, party committees, political action committees and business sources.


In The News…

Recent news stories featuring LD 890:


This information about LD 890 was last updated on 2016-05-12.
The Open Maine Politics website is in a beta release and results should not be taken as definitive. Please visit the official website of the Maine State Legislature for entirely verifiable information.

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