| | Sec. 3. 19-A MRSA §1653, sub-§6-B is enacted to read: |
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| | 6-B.__Conviction or adjudication for certain sex offenses; | presumption.__If the court finds that a person has been convicted | of an offense listed in subsection 6-A, paragraph A in which the | victim was under 14 years of age at the time of the offense or | has been adjudicated in an action under Title 22, chapter 1071 of | sexually abusing a child under 14 years of age at the time of the | abuse, it is presumed that the person would create a situation of | jeopardy for a minor child if the adoption were granted and that | the adoption is not in the best interest of the child.__The | person seeking primary residence or contact with the child may | produce 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.__If the court finds that a grandparent has been | convicted of an offense listed in section 1653, subsection 6-A, | paragraph A in which the victim was under 14 years of age at the | time of the offense or has been adjudicated in an action under | Title 22, chapter 1071 of sexually abusing a child under 14 years | of age at the time of the abuse, it is presumed that the | grandparent would create a situation of jeopardy for the child if | the adoption were granted and that the adoption is not in the | best interest of the child.__The grandparent seeking contact with | the child may produce 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 6-B. The court's 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 | 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.__If the court finds that a grandparent has been | convicted of an offense listed in Title 19-A, section 1653, |
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