Sec. 1. 18-A MRSA §5-204-A is enacted to read:

§5-204-A.__Appointment of temporary guardian

(a)__Upon appropriate petition, the court may exercise the power of a guardian or may enter an ex parte order appointing a temporary guardian for a minor when an emergency exists and no other person appears to have authority to act in the circumstances.__The petition must be accompanied by an affidavit that sets forth the factual basis for the emergency and the specific powers requested by the proposed guardian.__In the order and in the letters of temporary guardianship, the court shall specify the powers and duties of the temporary guardian, limiting the powers and duties to those necessary to address the emergency.

(b)__If the court takes action to exercise the powers of a guardian or to appoint a temporary guardian under subsection (a), then the court, within 2 days of taking the action, excluding Saturdays, Sundays and legal holidays, shall appoint a visitor or a guardian ad litem to visit the minor, the legal custodian, if any, and the parents of the minor and make a report to the court within 10 days of the appointment.

(c)__Notice of the appointment must be made to the parents of the minor and the custodian within 3 days of the appointment, excluding Saturdays, Sundays and legal holidays.

(d)__If the court has exercised temporary guardianship powers or has issued an ex parte order under subsection (a) and if it comes to the court's attention, through the report of the visitor or guardian ad litem or otherwise, that the legal custodian or the parents of the minor wish to object to the ex parte order, the court shall hold an expedited hearing within 21 days of the entry of the ex parte order.__The objecting parent or legal custodian is entitled to court-appointed legal counsel if indigent.

(e)__At the expedited hearing, the court may render a judgment authorizing the temporary guardianship to continue for a period not to exceed 6 months from the date of entry of the ex parte order under subsection (a).__The temporary guardianship terminates on the date specified in the order or, if no date is specified in the order, 6 months following the date of entry of the ex parte order or at any prior time if the court determines the circumstances leading to the order for temporary guardianship no longer exist.

(f)__If the court denies the request for an ex parte order pursuant to subsection (a), the court may enter, in its discretion, an order for an expedited hearing pursuant to subsection (c).__If the petitioner requests the entry of an order