CHAPTER 84
H.P. 547 - L.D. 741
An Act To Expand the Powers and Authority of Case Management Officers in the Family Division
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 4 MRSA §183, sub-§1, ¶D, as enacted by PL 1997, c. 269, §1 and affected by §2, is amended to read:
D. Family case management officers shall employ appropriate case management techniques and have jurisdiction to hear and dispose of the following matters:
(1) Interim orders in actions involving the establishment, modification or enforcement of child support;
(2) Interim orders in actions involving divorce, legal separation, paternity or parental rights, including interim orders in post-judgment proceedings arising out of these actions, except that a contested motion concerning interim parental rights and responsibilities, excluding interim child support orders, may be determined by the family case management officer only if both parties consent to determination of the issue or issues in dispute by the family case management officer;
(3) Final orders in any of the matters included in subparagraphs (1) and (2) when the proceeding is uncontested;
(4) Final orders in a contested proceeding when child support is the only contested issue; and
(4-A) Applications for writs of habeas corpus to facilitate the attendance of proceedings by and return of a party who is incarcerated;
(4-B) Requests for access to confidential Department of Human Services child protective records in accordance with Title 22, section 4008. The family case management officer may review records in camera to determine whether to grant access; and
(5) Other actions assigned by the Chief Judge of the District Court.
Sec. 2. 4 MRSA §183, sub-§1, ¶F is enacted to read:
F. A family case management officer has the power to impose punitive and remedial sanctions in a summary proceeding for contempt occurring in the actual presence of the family case management officer and seen or heard by the family case management officer. The Maine Rules of Civil Procedure relating to summary contempt proceedings apply to a family case management officer exercising the contempt power under this paragraph.
Effective September 13, 2003, unless otherwise indicated.
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