| | | 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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