| | | 4. Service of final protection order. The court shall deliver | | in-hand at the court, or send by ordinary mail promptly after it | | is entered, a copy of the final protection order to the parent's | or | counsel, to the parents or | The copy of the order shall | | their rights under section 4038. Lack of compliance with this | | subsection does not affect the validity of the order. |
|
| | | Sec. 6. 22 MRSA §4033, sub-§6 is enacted to read: |
|
| | | 6.__Effect of proceedings.__The alleged perpetrator is | | entitled to fully participate 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.__A finding in favor of an | | alleged perpetrator bars criminal proceedings arising out of the | | same facts.__A finding against an alleged perpetrator is | | inadmissable in a criminal proceeding against the alleged | | perpetrator; however, any testimony of the alleged perpetrator | | may be used in a criminal proceeding. |
|
| | | This bill requires notification of alleged perpetrators in | | child protective proceedings and grants them the right to testify | | and present evidence in those proceedings. It provides that a | | criminal case may not be brought against the alleged perpetrator | | if the court finds in favor of the alleged perpetrator. If the | | court does not find in favor of the alleged perpetrator, that | | testimony may be used in a criminal proceeding. |
|
|
