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action brought in another jurisdiction exercising child | | custody jurisdiction in accordance with the Uniform Child | | Custody Jurisdiction and Enforcement Act; |
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| | | Sec. 6. 22 MRSA §4005-E, sub-§3 is enacted to read: |
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| | | 3.__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 visitation with or access to the child | | may produce evidence to rebut the presumption. |
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| | | Sec. 7. 22 MRSA §4035, sub-§2-A is enacted to read: |
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| | | 2-A.__Conviction or adjudication for certain sex offenses; | | presumption.__There is a rebuttable presumption: |
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| | | A.__That the person seeking custody or contact with the | | child 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 | | person: |
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| | | (1)__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 person 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 |
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