Maine § 22 §4055 Grounds for termination

Maine Statutes

§ 22 §4055 — Grounds for termination

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

1.Grounds. The court may order termination of parental rights if: 1-A. Rebuttable presumption. The court may presume that the parent is unwilling or unable to protect the child from jeopardy and these circumstances are unlikely to change within a time which is reasonably calculated to meet the child's needs if: 1-B. Conception by sexual assault as grounds for termination. The court may order termination of parental rights if the court finds, based on clear and convincing evidence, that the child was conceived as a result of an act by the parent of sexual assault or a comparable crime in another jurisdiction. For purposes of this subsection, "sexual assault" has the same meaning as in Title 17‑A, section 253, 254 or 556. A guilty plea or conviction for sexual assault is considered clear an

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1.
Grounds.
The court may order termination of parental rights if:
1-A.
Rebuttable presumption.
The court may presume that the parent is unwilling or unable to protect the child from jeopardy and these circumstances are unlikely to change within a time which is reasonably calculated to meet the child's needs if:
1-B.
Conception by sexual assault as grounds for termination.
The court may order termination of parental rights if the court finds, based on clear and convincing evidence, that the child was conceived as a result of an act by the parent of sexual assault or a comparable crime in another jurisdiction. For purposes of this subsection, "sexual assault" has the same meaning as in Title 17‑A, section 253, 254 or 556. A guilty plea or conviction for sexual assault is considered clear and convincing evidence for purposes of this subsection.
2.
Primary considerations.
In deciding to terminate parental rights, the court shall consider the best interest of the child, the needs of the child, including the child's age, the child's attachments to relevant persons, periods of attachments and separation, the child's ability to integrate into a substitute placement or back into the parent's home and the child's physical and emotional needs.
3.
Wishes of child.
The court shall consider the wishes of a child, in a manner appropriate to the age of the child, in making an order under this section.

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Legislative History

PL 1979, c. 733, §18 (NEW). PL 1981, c. 369, §§15,16 (AMD). PL 1983, c. 249, §2 (AMD). PL 1983, c. 772, §§8,9 (AMD). PL 1985, c. 739, §16 (AMD). PL 1993, c. 198, §2 (AMD). PL 1995, c. 481, §§3-5 (AMD). PL 1995, c. 694, §D48 (AMD). PL 1995, c. 694, §E2 (AFF). PL 1997, c. 475, §§9,10 (AMD). PL 1997, c. 715, §A12 (AMD). PL 2001, c. 696, §35 (AMD). PL 2009, c. 557, §4 (AMD). PL 2015, c. 360, §4 (AMD). PL 2015, c. 427, §2 (AMD). PL 2017, c. 402, Pt. C, §69 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2017, c. 407, Pt. A, §85 (AMD). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2021, c. 340, §5 (AMD).