Maine Revised Statutes

§1658. Termination of parental rights and responsibilities in cases involving sexual assault

This section applies to the termination of parental rights and responsibilities with respect to a specific child conceived as a result of an act of sexual assault by the parent of that child. [2015, c. 427, §1 (RPR).]

1. Petitioner.   The petition for termination may be filed by the other parent or, if the other parent is a minor, the parent or guardian of the other parent.
[ 2015, c. 427, §1 (RPR) .]
2. Petition.   The petitioner may file a petition with the District Court that requests the termination of the parental rights and responsibilities of the parent and alleges:
A. That the parent was convicted of a crime involving sexual assault, as defined in Title 17-A, section 253, 254 or 556, or a comparable crime in another jurisdiction, that resulted in the conception of the child; or [2015, c. 427, §1 (RPR).]
B. That the child was conceived as a result of an act of sexual assault, as defined in Title 17-A, section 253, 254 or 556, or a comparable crime in another jurisdiction. [2015, c. 427, §1 (RPR).]
[ 2015, c. 427, §1 (RPR) .]
3. Termination.   Except as provided in subsection 4, if the petitioner proves the allegation in subsection 2, paragraph A by a preponderance of the evidence, the court shall terminate the parental rights and responsibilities of the parent. If the petitioner proves the allegation in subsection 2, paragraph B by clear and convincing evidence, the court may terminate the parental rights and responsibilities of the parent.
[ 2015, c. 427, §1 (RPR) .]
4. Exception.   The court is not required to terminate the parental rights and responsibilities of a parent convicted of gross sexual assault under Title 17-A, section 253, subsection 1, paragraph B that resulted in the conception of the child if:
A. The parent or guardian of the other parent filed the petition; [2015, c. 427, §1 (RPR).]
B. The other parent informs the court that the sexual act was consensual; and [2015, c. 427, §1 (RPR).]
C. The other parent opposes the termination of the parental rights and responsibilities of the parent convicted of the gross sexual assault. [2015, c. 427, §1 (RPR).]
[ 2015, c. 427, §1 (RPR) .]
SECTION HISTORY
1997, c. 363, §1 (NEW). 2015, c. 427, §1 (RPR).