An Act To Ensure a Continuing Home Court for Cases Involving Children

Sec. 1. 4 MRSA §152, sub-§5-A  is enacted to read:

Sec. 2. 4 MRSA §251  is amended to read:

§ 251. General jurisdiction

Each judge may take the probate of wills and grant letters testamentary or of administration on the estates of all deceased persons who, at the time of their death, where inhabitants or residents of his the judge's county or who, not being residents of the State, died leaving estate to be administered in his the judge's county, or whose estate is afterwards found therein; and has jurisdiction of all matters relating to the settlement of such estates. He A judge may grant leave to adopt children, change the names of persons, appoint guardians for minors and others according to law , and has jurisdiction as to persons under guardianship, and as to whatever else is conferred on him by law , except in cases in which the District Court has exclusive, continuing jurisdiction over a child pursuant to section 152, subsection 5-A or matters that have been removed to the District Court pursuant to section 251-A, subsection 3.

Sec. 3. 4 MRSA §251-A  is enacted to read:

§ 251-A.  Other proceedings involving parental rights; transfer of jurisdiction to District Court

Sec. 4. 18-A MRSA §1-701, sub-§(a),  as enacted by PL 2001, c. 163, §1, is amended to read:

Sec. 5. 18-A MRSA §5-102, sub-§(a),  as enacted by PL 1979, c. 540, §1, is amended to read:

Sec. 6. 18-A MRSA §9-103,  as enacted by PL 1995, c. 694, Pt. C, §7 and affected by Pt. E, §2, is amended to read:

§ 9-103. Jurisdiction

Sec. 7. 18-A MRSA §9-204, sub-§(a),  as enacted by PL 1995, c. 694, Pt. C, §7 and affected by Pt. E, §2, is amended to read:

SUMMARY

This bill extends the jurisdiction of the District Court to be concurrent with the courts of probate over matters concerning custody or other parental rights of a child under the Maine Revised Statutes, Title 18-A, including, but not limited to, adoption, termination of parental rights, change of name and guardianship of a minor. The District Court has exclusive, continuing jurisdiction over a matter concerning custody or other parental rights of a child if an interim or final order concerning the child was entered in the District Court and remains in effect, proceedings seeking such an order are pending in the District Court or a matter has been removed to the District Court from the Probate Court.

This bill provides that, in any matter concerning custody or other parental rights of a child, the judge of the District Court or the probate judge who is presiding require all parties to disclose whether they have knowledge of any interim or final order then in effect concerning custody or other parental rights of the minor child, any proceeding seeking such an order or other related actions currently filed or pending before any court of this or another state. If the proceeding is in a Probate Court and the judge determines that the District Court has exclusive, continuing jurisdiction, the judge of probate must transfer the case to the District Court.

Upon petition by a party to a proceeding involving guardianship, adoption, change of name or other matters concerning custody or other parental rights of a minor child brought in the court of probate, the proceeding may be removed to the District Court under such procedures as the Supreme Judicial Court may by rule provide if any civil matter involving the minor child is pending or has been finally adjudicated in the District Court.