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the presumption applies regardless of the ages of the person | | and the minor victim at the time of the offense; or |
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| | | B.__Has been adjudicated in an action under Title 22, | | chapter 1071 of sexually abusing a person who was a minor at | | the time of the abuse. |
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| | | The person seeking primary residence or contact with the child | | may present evidence to rebut the presumption. |
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| | | Sec. 4. 19-A MRSA §1803, sub-§8 is enacted to read: |
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| | | 8.__Conviction or adjudication for certain sex offenses; | | presumption.__There is a rebuttable presumption that the | | grandparent would create a situation of jeopardy for the child if | | any contact were to be permitted and that contact is not in the | | best interest of the child if the court finds that the | | grandparent: |
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| | | A. Has been convicted of an offense listed in Title 19-A, | | section 1653, subsection 6-A, paragraph A in which the | | victim was a minor at the time of the offense and the | | grandparent was at least 5 years older than the minor at the | | time of the offense except that, if the offense was gross | | sexual assault under Title 17-A, section 253, subsection 1, | | paragraph B or C and the minor victim submitted as a result | | of compulsion, the presumption applies regardless of the | | ages of the grandparent and the minor victim at the time of | | the offense; or |
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| | | B.__Has been adjudicated in an action under Title 22, | | chapter 1071 of sexually abusing a person who was a minor at | | the time of the abuse. |
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| | | The grandparent seeking contact with the child may present | | evidence to rebut the presumption. |
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| | | Sec. 5. 19-A MRSA §4007, sub-§1, ¶G, as amended by PL 2001, c. 273, §4, | | is further amended to read: |
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| | | G. Either awarding some or all temporary parental rights and | | responsibilities with regard to minor children or awarding | | temporary rights of contact with regard to minor children, or | | both, under such conditions that the court finds appropriate as | | determined in accordance with the best interest of the child | pursuant to section 1653, subsections 3 to 6 | | award of parental rights and responsibilities or rights of | | contact is not binding in any separate action involving an award | | of parental rights and responsibilities pursuant to chapter 55 or | | in a similar |
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