Sec. 1. 18-A MRSA Art. 5, Pt. 2-A is enacted to read:

PART 2-A

DE FACTO GUARDIANS OF MINORS

§5-251.__De facto guardianship; definitions

As used in this Part, unless the context otherwise indicates, the following terms have the following meanings.

(a)__"De facto guardian" means an individual who has been the primary caretaker for a__child who has, within the 24 months immediately preceding the filing of a petition pursuant to section 5-252, subsection (b), resided with the individual without a parent present and with a lack of demonstrated consistent participation by a parent for a period of:

(1)__Six months or more, which need not be consecutive, if the child is under 3 years of age; or

(2)__Twelve months or more, which need not be consecutive, if the child is 3 years of age or older.

For purposes of this subsection, any period of time after a legal proceeding has been commenced and filed is not included in determining whether the child has resided with the individual for the required minimum period.

"De facto guardian" does not include an individual who has a child placed in the individual's care under Title 22, chapter 1071 or for adoption under Article 9.

(b)__"Lack of demonstrated consistent participation" means refusal or neglect to comply with the duties imposed upon a parent by the parent-child relationship, including, but not limited to, providing the child necessary food, clothing, shelter, health care, education, a nurturing and consistent relationship and other care and control necessary for the child's physical, mental and emotional health and development.

The court shall consider, but is not limited to considering, the following factors in determining whether there has been a lack of demonstrated consistent participation:

(1)__The intent of the parent or parents in placing the child with the de facto guardian;