LD 1422
pg. 1
LD 1422 Title Page An Act Requiring Notice to Be Given to Alleged Perpetrators Page 2 of 2
Download Bill Text
LR 1196
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 22 MRSA §4002, sub-§1-C is enacted to read:

 
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.

 
Sec. 2. 22 MRSA §4005, sub-§3 is enacted to read:

 
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.

 
Sec. 3. 22 MRSA §4033, sub-§1, ķA, as enacted by PL 1979, c. 733, §18,
is amended to read:

 
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.

 
Sec. 4. 22 MRSA §4033, sub-§3, as amended by PL 1989, c. 819, §5, is
further amended to read:

 
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:

 
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;

 
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

 
C. Another manner ordered by the court.

 
Sec. 5. 22 MRSA §4033, sub-§4, as enacted by PL 1979, c. 733, §18, is
amended to read:


LD 1422 Title Page Top of Page Page 2 of 2