Maine § 22 §4005 Parties' rights to representation; legal counsel

Maine Statutes

§ 22 §4005 — Parties' rights to representation; legal counsel

Maine·Title 22 HEALTH AND WELFARE·Part 3 CHILDREN·Ch. 1071 CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT

1.Child; guardian ad litem. The following provisions shall govern guardians ad litem. The term guardian ad litem is inclusive of lay court appointed special advocates under Title 4, chapter 31.

2.Parents. Parents and custodians are entitled to legal counsel in child protection proceedings, except a request for a preliminary protection order under section 4034 or a petition for a medical treatment order under section 4071, but including hearings on those orders. The parent or custodian may request the court to appoint legal counsel for the parent or custodian. The court, if it finds the parent or custodian indigent, shall appoint legal counsel.

3.Wishes of child. The District Court shall consider the wishes of the child, in a manner appropriate to the age of the child, including, but not

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1.
Child; guardian ad litem.
The following provisions shall govern guardians ad litem. The term guardian ad litem is inclusive of lay court appointed special advocates under Title 4, chapter 31.
2.
Parents.
Parents and custodians are entitled to legal counsel in child protection proceedings, except a request for a preliminary protection order under section 4034 or a petition for a medical treatment order under section 4071, but including hearings on those orders. The parent or custodian may request the court to appoint legal counsel for the parent or custodian. The court, if it finds the parent or custodian indigent, shall appoint legal counsel.
3.
Wishes of child.
The District Court shall consider the wishes of the child, in a manner appropriate to the age of the child, including, but not limited to, whether the child wishes to participate or be heard in court. In addition, when a child’s expressed views are inconsistent with those of the guardian ad litem, the court shall consider whether to consult with the child directly, when the child's age is appropriate.

Maine § 22 §4005 (Parties' rights to representation; legal counsel) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1979, c. 733, §18 (NEW). PL 1983, c. 183 (AMD). PL 1983, c. 783, §§1,2 (AMD). PL 1985, c. 581, §2 (AMD). PL 1995, c. 405, §§18-20 (AMD). PL 1997, c. 257, §5 (AMD). PL 1997, c. 715, §§A1,2 (AMD). PL 1999, c. 251, §2 (AMD). PL 2001, c. 253, §4 (AMD). PL 2001, c. 696, §12 (AMD). PL 2009, c. 557, §1 (AMD). RR 2021, c. 2, Pt. B, §180 (COR). PL 2023, c. 638, §23 (AMD).