Sec. 1. 18-A MRSA Art. IX, Part 5 is enacted to read:

PART 5

COMMUNICATION OR CONTACT AGREEMENTS

§9-501.__Application; jurisdiction

(a)__This Part applies to the adoption or proposed adoption of a child who is or was the subject of a jeopardy petition and termination proceedings under Title 22, chapter 1071, who is in the custody of the department and whose birth parent or parents consent to the termination of parental rights under Title 22, section 4055, subsection 1, paragraph B, subparagraph (1).

(b)__Notwithstanding section 9-104, the District Court having jurisdiction over a child who is or was the subject of a jeopardy petition and termination proceedings under Title 22, chapter 1071 continues to have jurisdiction over the adoption of that child and any communication or contact agreement under this Part.

§9-502.__Communication or contact agreement; authorized; approval

The prospective adoptive parent or parents and the birth parent or parents of a prospective adoptee may enter into an agreement regarding communication or contact after the adoption if the prospective adoptee is in the custody of the department.__ The agreement is not enforceable unless approved pursuant to section 9-503 by the court.

§9-503.__Guardian ad litem; appointment; order approving

agreement; considerations

(a)__Before approving an agreement under section 9-502, if the prospective adoptee is not already represented by a guardian ad litem, the court shall appoint a guardian ad litem who shall represent the best interests of the prospective adoptee concerning the agreement.

(b)__Upon motion of one of the prospective adoptee's birth parents or a prospective adoptive parent, the court may enter an order approving the agreement if the terms of the agreement are approved in writing by the prospective adoptive parent or parents and the birth parent or parents and if the court finds, after consideration of the recommendations of the guardian ad litem and the department and other factors, that such communication with