LD 1382
pg. 4
Page 3 of 7 An Act To Establish Permanent Subsidized Guardianship Page 5 of 7
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LR 603
Item 1

 
Court may limit the powers of the permanency guardian in the same
manner as the Probate Court may limit the powers of a guardian of a
minor pursuant to Title 18-A, section 5-105, except that the
District Court may not limit a permanency guardian's powers to:

 
A.__Protect the child;

 
B.__Educate the child;

 
C.__Maintain care and control over the person of the child;

 
D.__Maintain physical custody of the child; and

 
E.__Make decisions concerning the child.

 
3.__Jurisdiction over permanency guardian.__The District Court
has exclusive jurisdiction to appoint, remove or limit the powers
of a permanency guardian.

 
4.__Proceedings to terminate or limit permanency guardianship.__
Termination or limitation of a permanency guardianship is as
follows.

 
A.__Any party to the child protective proceeding may
petition to terminate a permanency guardianship or to limit
the powers of a permanency guardian.__A person who
petitioned unsuccessfully to terminate a permanency
guardianship or limit the powers of a permanency guardian
may not bring a new petition to terminate or modify that
permanency guardianship within 12 months after the end of
the previous proceeding, and then only if the petitioner
alleges and proves that there has been a substantial change
of circumstances regarding the child's welfare.__The court
may not appoint counsel for a person bringing a petition to
terminate a permanency guardianship or to limit the powers
of a permanency guardian unless the person is a parent of
the child.

 
B.__A permanency guardianship may be terminated or modified
if the petitioner proves by a preponderance of the evidence
that the termination or modification is in the best
interests of the child.__Notice of any such petition must be
given in the manner provided by Rule 4 of the Maine Rules of
Civil Procedure to all parties to the child protective case
and to the permanency guardian.

 
§4038-D.__Guardianship subsidy

 
1.__Establishment of program; use of federal funds.__There is
established in the department the Guardianship Subsidy


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