CHAPTER 363
H.P. 936 - L.D. 1283
An Act to Restrict Parental Rights of Convicted Sex Offenders
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 19-A MRSA §1658 is enacted to read:
§1658. Termination of parental rights and responsibilities upon conviction
The parental rights and responsibilities with respect to a specific child of a parent convicted of a crime involving the sexual intercourse that resulted in the conception of that child may be terminated in accordance with this section.
1. Petitioner. The petition for termination may be filed by the other parent or, if the other parent is a minor, the parent or guardian of the other parent.
2. Petition. The petitioner may file a petition with the District Court that requests the termination of the parental rights and responsibilities of the convicted parent and alleges:
A. That the parent was convicted of a crime involving sexual intercourse; and
B. That the sexual intercourse resulted in the conception of the child.
3. Termination. Except as provided in subsection 4, if the petitioner proves the allegations in subsection 2, paragraphs A and B by a preponderance of the evidence, the court shall terminate the parental rights and responsibilities of the parent.
4. Exception. The court is not required to terminate the parental rights and responsibilities of a parent convicted of gross sexual assault under Title 17-A, section 253, subsection 1, paragraph B, that resulted in the conception of the child if:
A. The parent or guardian of the other parent filed the petition;
B. The other parent informs the court that the sexual act was consensual; and
C. The other parent opposes the termination of the parental rights and responsibilities of the parent convicted of the gross sexual assault.
Effective September 19, 1997, unless otherwise indicated.
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