Public Laws

124th Legislature

Second Regular Session



Chapter 593

H.P. 1298 - L.D. 1814

An Act To Implement Recommendations Concerning Domestic Violence and Parental Rights and Responsibilities

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

Sec. 1. 19-A MRSA 1653, sub-1, C, as enacted by PL 2001, c. 329, 1, is amended to read:

C.The Legislature finds and declares that , except when a court determines that the best interest of a child would not be served, it is the public policy of this State to assure minor children of frequent and continuing contact with both parents after the parents have separated or dissolved their marriage and that it is in the public interest to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy.

Sec. 2. 19-A MRSA 1653, sub-3, L, as enacted by PL 1995, c. 694, Pt. B, 2 and affected by Pt. E, 2, is amended to read:

L.The existence of domestic abuse between the parents, in the past or currently, and how that abuse affects:

(1) The child emotionally; and

(2) The safety of the child; and

(3) The other factors listed in this subsection, which must be considered in light of the presence of past or current domestic abuse;

Sec. 3. 19-A MRSA 1653, sub-3, Q, as amended by PL 2005, c. 567, 2, is further amended to read:

Q.The existence of a parent's conviction for a sex offense or a sexually violent offense as those terms are defined in Title 34-A, section 11203; and

Sec. 4. 19-A MRSA 1653, sub-3, R, as enacted by PL 2005, c. 567, 3, is amended to read:

R.If there is a person residing with a parent, whether that person:

(1) Has been convicted of a crime under Title 17-A, chapter 11 or 12 or a comparable crime in another jurisdiction;

(2) Has been adjudicated of a juvenile offense that, if the person had been an adult at the time of the offense, would have been a violation of Title 17-A, chapter 11 or 12; or

(3) Has been adjudicated in a proceeding, in which the person was a party, under Title 22, chapter 1071 as having committed a sexual offense . ; and

Sec. 5. 19-A MRSA 1653, sub-3, S is enacted to read:

S. Whether allocation of some or all parental rights and responsibilities would best support the child's safety and well-being.

Effective July 12, 2010

Office of the Revisor of Statutes
State House, Room 108
Augusta, ME 04333