Maine § 22 §4036 Disposition and principles

Maine Statutes

§ 22 §4036 — Disposition and principles

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

1.Disposition. In a protection order, the court may order one or more of the following: 1-A. Parental rights and responsibilities orders. Upon request of a parent, the court may enter an order awarding parental rights and responsibilities pursuant to Title 19‑A, section 1653 if the court determines that the order will protect the child from jeopardy and is in the child’s best interest as defined in Title 19‑A, section 1653, subsection 3. The court shall ensure that proper notice was given that the child protective case may be disposed of through an order awarding parental rights and responsibilities upon request of a parent. If the court enters an order pursuant to this subsection:

2.Principles. In determining the disposition, the court shall apply the following principles in this priori

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1.
Disposition.
In a protection order, the court may order one or more of the following:
1-A.
Parental rights and responsibilities orders.
Upon request of a parent, the court may enter an order awarding parental rights and responsibilities pursuant to Title 19‑A, section 1653 if the court determines that the order will protect the child from jeopardy and is in the child’s best interest as defined in Title 19‑A, section 1653, subsection 3. The court shall ensure that proper notice was given that the child protective case may be disposed of through an order awarding parental rights and responsibilities upon request of a parent. If the court enters an order pursuant to this subsection:
2.
Principles.
In determining the disposition, the court shall apply the following principles in this priority:
2-A.
Determination of parentage.
In a protection order or in a judicial review order, the court may determine the parentage of the child. The court's determination of the child's parentage must be made pursuant to Title 19‑A, chapter 61 and has the same legal effect as a determination of parentage made pursuant to that chapter.
3.
Time of order.
The order may be for a specified period, with a review at the end of that period, or it may be for an indeterminate period, not beyond age 18.
4.
Disposition of child in custody of department.
The court may not order that a child who has been ordered into the custody of the department be placed with a parent. Nothing in this subsection prevents the department from placing a child in its custody in the home of a parent for a trial period.
5.
Notice of criminal penalties.
If an order is issued under this section that contains a provision subject to criminal penalties under section 4036‑A, the order must indicate in a clear and conspicuous manner the potential consequences of violating the order.

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Legislative History

PL 1979, c. 733, §18 (NEW). PL 1983, c. 480, §B27 (AMD). PL 1985, c. 164 (AMD). PL 1985, c. 739, §§8-10 (AMD). PL 1989, c. 834, §B15 (AMD). PL 1993, c. 443, §1 (AMD). PL 1995, c. 405, §§21-23 (AMD). PL 1995, c. 694, §§D42,43 (AMD). PL 1995, c. 694, §E2 (AFF). PL 1997, c. 715, §§A10,11 (AMD). PL 2005, c. 526, §1 (AMD). PL 2007, c. 256, §1 (AMD). PL 2013, c. 294, §1 (AMD). PL 2015, c. 296, Pt. C, §29 (AMD). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2021, c. 174, §12 (AMD). PL 2021, c. 647, Pt. B, §51 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF). RR 2021, c. 2, Pt. B, §§189, 190 (COR).