Maine § 22 §4035 Hearing on jeopardy order petition

Maine Statutes

§ 22 §4035 — Hearing on jeopardy order petition

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

1.Hearing required. The court shall hold a hearing prior to making a jeopardy order.

2.Adjudication. After hearing evidence, the court shall make a finding, by a preponderance of the evidence, as to whether the child is in circumstances of jeopardy to the child's health or welfare. 2-A. Conviction or adjudication for certain sex offenses; presumption. There is a rebuttable presumption:

3.Grounds for disposition. If the court determines that the child is in circumstances of jeopardy to the child's health or welfare, the court shall hear any relevant evidence regarding proposed dispositions, including written or oral reports, recommendations or case plans. The court shall then make a written order of any disposition under section 4036. If, after reasonable effort, the department has been

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1.
Hearing required.
The court shall hold a hearing prior to making a jeopardy order.
2.
Adjudication.
After hearing evidence, the court shall make a finding, by a preponderance of the evidence, as to whether the child is in circumstances of jeopardy to the child's health or welfare.
2-A.
Conviction or adjudication for certain sex offenses; presumption.
There is a rebuttable presumption:
3.
Grounds for disposition.
If the court determines that the child is in circumstances of jeopardy to the child's health or welfare, the court shall hear any relevant evidence regarding proposed dispositions, including written or oral reports, recommendations or case plans. The court shall then make a written order of any disposition under section 4036. If, after reasonable effort, the department has been unable to serve a parent by the time of the hearing under subsection 1, the court may order any disposition under section 4036 until such time as the parent is served and a jeopardy determination is made with regard to that parent. If possible, this dispositional phase must be conducted immediately after the adjudicatory phase. Written materials to be offered as evidence must be made available to each party's counsel and the guardian ad litem reasonably in advance of the dispositional phase.
4.
Final protection order.
4-A.
Jeopardy order.
The court shall issue a jeopardy order within 120 days of the filing of the child protection petition.

Maine § 22 §4035 (Hearing on jeopardy order petition) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1979, c. 733, §18 (NEW). PL 1983, c. 184, §5 (AMD). PL 1991, c. 176, §2 (AMD). PL 1995, c. 481, §2 (AMD). PL 1997, c. 475, §1 (AMD). PL 1997, c. 715, §§A6-9 (AMD). PL 2001, c. 696, §§30,31 (AMD). PL 2005, c. 366, §7 (AMD). PL 2007, c. 513, §6 (AMD).