| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 22 MRSA §4002, sub-§1-C is enacted to read: |
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| | 1-C.__Alleged perpetrator.__"Alleged perpetrator" means a | person other than the parent who is alleged to have contributed | to the abuse or neglect of a child. |
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| | Sec. 2. 22 MRSA §4005, sub-§3 is enacted to read: |
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| | 3.__Alleged perpetrator.__An alleged perpetrator may be | represented by legal counsel in child protective proceedings, | except for a preliminary protection order under section 4034 or a | petition for a medical treatment order under section 4071, but | including hearings under section 4034. |
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| | Sec. 3. 22 MRSA §4033, sub-§1, ķA, as enacted by PL 1979, c. 733, §18, | is amended to read: |
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| A. The petition and a notice of hearing shall must be | served on the parents and custodians, the guardian ad litem | for the child, an alleged perpetrator and any other party at | least 10 days prior to the hearing date. A party may waive | this time requirement if the waiver is written and | voluntarily and knowingly executed in court before a judge. | Service shall must be made in accordance with the District | Court Civil Rules. |
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| | Sec. 4. 22 MRSA §4033, sub-§3, as amended by PL 1989, c. 819, §5, is | further amended to read: |
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| | 3. Service of preliminary protection order. If the court | makes a preliminary protection order, a copy of the order shall | must be served on the parents and, custodians and alleged | perpetrator by: |
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| A. In-hand delivery by the judge or court clerk to any | parent, custodian or their counsel who is present when the | order is made; |
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| B. Service in accordance with the Maine Rules of Civil | Procedure. Notwithstanding the Maine Rules of Civil | Procedure, the court may waive service by publication of a | preliminary protection order for a party whose whereabouts | are unknown if the department shows by affidavit that | diligent efforts have been made to locate the party; or |
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| C. Another manner ordered by the court. |
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| | Sec. 5. 22 MRSA §4033, sub-§4, as enacted by PL 1979, c. 733, §18, is | amended to read: |
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