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ME LD752

ME LD752
An Act to Strengthen Maine's Child Protection Laws by Limiting Contact with Violent Offenders


summary

Introduced
02/25/2025
In Committee
02/25/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

132nd Legislature

Bill Summary

This bill amends certain provisions of law governing child welfare to establish that when an adult living in a child's home has been convicted of a crime of violence and has not completed a certified domestic violence intervention program, that situation represents jeopardy and serious harm to the child and is an example of behavior showing that a parent is currently unwilling or unable to meet the child's needs. Specifically, the bill amends the definitions of "jeopardy" and "serious harm" under the Child and Family Services and Child Protection Act and amends the provisions of law governing the criteria a court may use to appoint a guardian for a minor. The bill amends provisions governing child jeopardy hearings to create 2 rebuttable presumptions. The first presumption provides that allowing contact with the person seeking custody or contact with the child would create a situation of jeopardy if that person has been convicted of a crime of violence and has not completed a certified domestic violence intervention program. The 2nd presumption provides that a parent or person responsible for a child creates a situation of jeopardy for the child if the parent or person allows, encourages or fails to prevent contact between the child and a person who has been convicted of a crime of violence and has not completed a certified domestic violence intervention program. In each case, the person against whom the presumption applies may produce evidence to rebut the presumption.

AI Summary

This bill aims to strengthen Maine's child protection laws by adding specific provisions related to violent offenders living in or having contact with children's homes. The legislation modifies existing statutes to create new legal standards for determining child welfare risks, focusing particularly on adults with violent criminal histories. Specifically, the bill establishes a rebuttable presumption that individuals convicted of violent crimes (including domestic violence assault) who have not completed a certified domestic violence intervention program pose a potential threat to children. The bill introduces language that allows courts and child protection services to consider an adult's violent criminal background as a factor in assessing potential harm to a child, including situations where such an individual lives in the child's home or seeks custody or contact. Key provisions require documented completion of domestic violence intervention programs to mitigate presumptions of risk, and provide mechanisms for challenging these presumptions with evidence. The changes apply to various legal contexts including custody determinations, child welfare assessments, and definitions of potential harm to children, ultimately seeking to create additional protections for children potentially exposed to violent individuals.

Committee Categories

Justice

Sponsors (2)

Last Action

Ought Not to Pass Pursuant To Joint Rule 310, Apr 8, 2025 (on 04/08/2025)

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