HP0609, LD 890, item 2, Document Text

Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:

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

5-A. Actions involving minors under Title 18-A. Exclusive jurisdiction of actions for guardianship, adoption, change of name or other matters involving custody or other parental rights brought under Title 18-A if proceedings involving custody or other parental rights with respect to a minor child, including but not limited to adoption, divorce, parental rights and responsibilities, grandparents' rights, protective custody, change of name, guardianship, paternity, termination of parental rights and protection from abuse or harassment, are pending in the District Court.

A. The District Court presiding over any matter involving custody or other parental rights with respect to a minor child shall require all parties to disclose whether they have knowledge of:

(1) Any interim or final order then in effect concerning custody or other parental rights with respect to the minor child;

(2) Any proceeding involving custody or other parental rights with respect to the minor child currently filed or pending before any court of this State or another state, including before a probate court in this State; or

(3) Any other related action currently filed or pending before any court of this State or another state, including before a probate court in this State.

B. If the District Court presiding over any matter involving custody or other parental rights with respect to a minor child becomes aware that a proceeding for guardianship, adoption or change of name or another matter involving custody or other parental rights with respect to the minor child is pending in a probate court in this State, the District Court shall notify the Probate Court and take appropriate action to facilitate a transfer of the matter from the Probate Court;

Sec. 2. 4 MRSA §157, sub-§1, ¶A, as amended by PL 2015, c. 377, §1, is further amended to read:

A. The Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over judiciary matters and to confirmation by the Legislature, shall appoint to the District Court 38 39 judges. At least one judge must be appointed from each district who is a resident of a county in which the district lies, except that in District 3 there must be 2 judges appointed who are residents of a county in which the district lies; in District 6 there must be 2 judges appointed who are residents of a county in which the district lies; and in District 9 there must be 2 judges appointed who are residents of a county in which the district lies. Each District Court Judge has a term of office of 7 years.

To be eligible for appointment as a District Judge, a person must be a member of the bar of the State. The term "District Judge" includes the Chief Judge and Deputy Chief Judge.

Sec. 3. 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 jurisdiction over a child pursuant to section 152, subsection 5-A.

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

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

1. Disclosure of orders and proceedings. The judge of probate presiding over any matter involving guardianship, adoption or change of name or another matter involving custody or other parental rights with respect to a minor child shall require all parties to disclose whether they have knowledge of:

A. Any interim or final order then in effect concerning custody or other parental rights with respect to the minor child;

B. Any proceeding involving custody or other parental rights with respect to the minor child currently filed or pending before any court of this State or another state, including the District Court; or

C. Any other related action currently filed or pending before any court of this State or another state, including the District Court.

2. Transfer to District Court. If in a matter before the Probate Court concerning a minor child a judge of probate becomes aware that a proceeding involving custody or other parental rights with respect to the minor child is pending in the District Court, the judge shall notify the District Court and take appropriate action to facilitate a transfer of the matter to the District Court.

Sec. 5. 18-A MRSA §1-701, sub-§(a), as enacted by PL 2001, c. 163, §1, is amended to read:

(a). If a person desires to have that person's name changed, the person may petition the judge of probate in the county where the person resides. If the person is a minor, the person's legal custodian may petition in the person's behalf. If there is a proceeding involving custody or other parental rights with respect to the minor pending in the District Court, the petition must be filed in the District Court.

Sec. 6. 18-A MRSA §5-102, sub-§(a), as enacted by PL 1979, c. 540, §1, is amended to read:

(a). The Subject to Title 4, section 152, subsection 5-A, the court has exclusive jurisdiction over guardianship proceedings and has jurisdiction over protective proceedings to the extent provided in section 5-402.

Sec. 7. 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

(a). The Subject to Title 4, section 152, subsection 5-A, the Probate Court has exclusive jurisdiction over the following:

(1). Petitions for adoption;

(2). Consents and reviews of withholdings of consent by persons other than a parent;

(3). Surrenders and releases;

(4). Termination of parental rights proceedings brought pursuant to section 9-204;

(5). Proceedings to determine the rights of putative fathers of children whose adoptions or surrenders and releases are pending before the Probate Court; and

(6). Reviews conducted pursuant to section 9-205.

(b). The District Court has jurisdiction to conduct hearings pursuant to section 9-205. The District Court has jurisdiction over any matter described in subsection (a) if the proceeding concerns a child over whom the District Court has exclusive jurisdiction pursuant to Title 4, section 152, subsection 5-A.

Sec. 8. 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:

(a). A petition for termination of parental rights may be brought in Probate Court in which an adoption petition is properly filed as part of that adoption petition except when a child protection proceeding is pending or is subject to review by the District Court has exclusive jurisdiction over the child pursuant to Title 4, section 152, subsection 5-A.

Sec. 9. Appropriations and allocations. The following appropriations and allocations are made.

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)

Mental Health Services - Children 0136

Initiative: Deappropriates funding from the Department of Health and Human Services, Mental Health Services - Children account to offset the additional court costs of having all pending matters concerning a child and family unit addressed by a single District Court Judge.

GENERAL FUND 2015-16 2016-17

All Other
$0 ($412,750)

inline graphic sline.gif

GENERAL FUND TOTAL $0 ($412,750)

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)

DEPARTMENT TOTALS 2015-16 2016-17

GENERAL FUND
$0 ($412,750)

inline graphic sline.gif

DEPARTMENT TOTAL - ALL FUNDS $0 ($412,750)

JUDICIAL DEPARTMENT

Courts - Supreme, Superior and District 0063

Initiative: Provides funds for one Judge position, one Deputy Marshal position and one Assistant Clerk position due to an anticipated increase in the number of district court cases involving children.

GENERAL FUND 2015-16 2016-17

POSITIONS - LEGISLATIVE COUNT
0.000 3.000

Personal Services
$0 $297,950

All Other
$0 $114,800

inline graphic sline.gif

GENERAL FUND TOTAL $0 $412,750

JUDICIAL DEPARTMENT

DEPARTMENT TOTALS 2015-16 2016-17

GENERAL FUND
$0 $412,750

inline graphic sline.gif

DEPARTMENT TOTAL - ALL FUNDS $0 $412,750

SECTION TOTALS 2015-16 2016-17

GENERAL FUND
$0 $0

inline graphic sline.gif

SECTION TOTAL - ALL FUNDS $0 $0

’

SUMMARY

This amendment is the majority report of the Joint Standing Committee on Judiciary.

This amendment replaces the bill but retains the overall concept of establishing one court in which proceedings involving custody and other parental rights with respect to a child will take place. The bill proposes that the District Court would have exclusive, continuing jurisdiction in all such proceedings if there is a pending action in the District Court or if a final judgment involving the child had been entered in the District Court.

This amendment extends the jurisdiction of the District Court to include exclusive jurisdiction over matters involving 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, if proceedings concerning the child are pending in the District Court.

This amendment provides that, in any matter involving custody or other parental rights of a child, the judge of the District Court or the probate judge who is presiding must require all parties to disclose whether the parties have knowledge of any existing order or if any proceeding involving custody or other parental rights is currently filed or pending or if any other related action is pending before any court of this State or another state. If the proceeding is in a probate court in this State, the judge of probate must transfer the case to the District Court.

FISCAL NOTE REQUIRED

(See attached)

HP0609 LD 890	Session - 127th Maine Legislature C "A", Filing Number H-522, Sponsored by		LR 1014 Item 2
	Bill Tracking, Additional Documents	Chamber Status

Bill Tracking		Chamber Status
Amendments	Testimony, Public Hearings & Work Sessions		Committee Information for this Bill
Other Documents			Title & Section

Search Bill Text		Search Bill Status
Bill Directory	Current Committees		Legislative Information
Download MS-Word, Printed PDF		Maine Legislature

Office of Legislative Information 100 State House Station Augusta, ME 04333		voice: (207) 287-1692 fax: (207) 287-1580 tty: (207) 287-6826
Word Viewer for Windows		Disclaimer

GENERAL FUND	2015-16	2016-17
All Other	$0	($412,750)

GENERAL FUND TOTAL	$0	($412,750)

HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS)
DEPARTMENT TOTALS	2015-16	2016-17

GENERAL FUND	$0	($412,750)

DEPARTMENT TOTAL - ALL FUNDS	$0	($412,750)

SECTION TOTALS	2015-16	2016-17

GENERAL FUND	$0	$0

SECTION TOTAL - ALL FUNDS	$0	$0