Sec. 1. 22 MRSA §4031, sub-§1, ¶B, as amended by PL 1989, c. 270, §11, is further amended to read:

B. The Probate Court and the Superior Court shall have concurrent has jurisdiction to act on requests for preliminary child protection orders under section 4034. As soon as the action is taken by the Probate Court or the Superior Court, the matter shall must be transferred to the District Court.

Sec. 2. 22 MRSA §4051, as corrected by RR 1997, c. 2, §48, is amended to read:

§4051. Venue

A petition for termination of parental rights must be brought in the court that issued the final protection order. The court, for the convenience of the parties or other good cause, may transfer the petition to another district or division. A petition for termination of parental rights may also be brought in a Probate Court as part of an adoption proceeding as provided in Title 18-A, article IX, 9 only when a child protective proceeding has not been initiated.

SUMMARY

This bill amends the child welfare laws to eliminate any role of the Probate Court in child protection petitions or other proceedings. This bill clarifies that a petition for termination of parental rights may be filed in the Probate Court in conjunction with an adoption under the Maine Revised Statutes, Title 18-A, article 9 only when a child protective proceeding has not been initiated for that child.