Sec. 1. 22 MRSA §4003, sub-§1, as enacted by PL 1979, c. 733, §18, is amended to read:

1. Authorization. Authorize the department to protect and assist children orphaned by domestic violence, abused and neglected children, children in circumstances which that present a substantial risk of abuse and neglect, and their families;

Sec. 2. 22 MRSA §4025 is enacted to read:

§4025.__Emergency services; orphaned by domestic violence

1.__Jurisdiction asserted.__When a child is orphaned by domestic violence, the State, through the department, is presumed to have and maintain jurisdiction over that child.

2.__In-state placement required.__The department shall ensure that emergency or temporary placement of any child orphaned by domestic violence is in the State until a permanent placement determination is made by the department or a court of competent jurisdiction.

Sec. 3. Orphans of domestic violence; placement investigation procedures. The Department of Human Services shall develop procedures for placement of children orphaned by domestic violence. The procedures may be developed by the department as substantive rulemaking in accordance with the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A or by submitting legislation to the First Regular Session of the 122nd Legislature no later than December 1, 2004. The procedures must ensure a timely investigation, similar to that required by Title 18-A, section 9- 304 for adoptions, and appointment of a guardian ad litem for the orphan before permanent placement or visitation rights may be ordered for the child orphaned by domestic violence.

Sec. 4. Department of Public Safety to alert Department of Human Services. The Commissioner of Public Safety shall by rule establish a procedure to ensure that when a child is orphaned by domestic violence, if a law enforcement officer is at the scene, the law enforcement officer shall immediately alert the Department of Human Services of the fact and ensure that the Department of Human Services has immediate jurisdiction and control over the child.

SUMMARY

Under this bill, the State would assert and maintain jurisdiction over any child orphaned in the State by domestic violence. Additionally, the bill requires the Department of