Maine § 22 §4035 Hearing on jeopardy order petition

Maine Statutes

§ 22 §4035 — Hearing on jeopardy order petition

Maine § 22 §4035

Title 22HEALTH AND WELFARE

Part 3CHILDREN

Ch. 1071CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT

This text of Maine § 22 §4035 (Hearing on jeopardy order petition) is published on Counsel Stack Legal Research, covering Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Me. Rev. Stat. tit. 22, § 22 §4035 (2026).

Text

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

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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).