LD 1232
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Page 1 of 4 An Act To Protect Children from Individuals Who Have Engaged in Sexual Abuse of... Page 3 of 4
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LR 429
Item 1

 
Sec. 3. 19-A MRSA §1653, sub-§6-B is enacted to read:

 
6-B.__Conviction or adjudication for certain sex offenses;
presumption.__If the court finds that a person has been convicted
of an offense listed in subsection 6-A, paragraph A in which the
victim was under 14 years of age at the time of the offense or
has been adjudicated in an action under Title 22, chapter 1071 of
sexually abusing a child under 14 years of age at the time of the
abuse, it is presumed that the person would create a situation of
jeopardy for a minor child if the adoption were granted and that
the adoption is not in the best interest of the child.__The
person seeking primary residence or contact with the child may
produce evidence to rebut the presumption.

 
Sec. 4. 19-A MRSA §1803, sub-§8 is enacted to read:

 
8.__Conviction or adjudication for certain sex offenses;
presumption.__If the court finds that a grandparent has been
convicted of an offense listed in section 1653, subsection 6-A,
paragraph A in which the victim was under 14 years of age at the
time of the offense or has been adjudicated in an action under
Title 22, chapter 1071 of sexually abusing a child under 14 years
of age at the time of the abuse, it is presumed that the
grandparent would create a situation of jeopardy for the child if
the adoption were granted and that the adoption is not in the
best interest of the child.__The grandparent seeking contact with
the child may produce evidence to rebut the presumption.

 
Sec. 5. 19-A MRSA §4007, sub-§1, ¶G, as amended by PL 2001, c. 273, §4,
is further amended to read:

 
G. Either awarding some or all temporary parental rights
and responsibilities with regard to minor children or
awarding temporary rights of contact with regard to minor
children, or both, under such conditions that the court
finds appropriate as determined in accordance with the best
interest of the child pursuant to section 1653, subsections
3 to 6 6-B. The court's award of parental rights and
responsibilities or rights of contact is not binding in any
separate action involving an award of parental rights and
responsibilities pursuant to chapter 55 or in a similar
action brought in another jurisdiction exercising child
custody jurisdiction in accordance with the Uniform Child
Custody Jurisdiction and Enforcement Act;

 
Sec. 6. 22 MRSA §4005-E, sub-§3 is enacted to read:

 
3.__Conviction or adjudication for certain sex offenses;
presumption.__If the court finds that a grandparent has been
convicted of an offense listed in Title 19-A, section 1653,


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