|
| | | An Act To Protect Children from Individuals Who Have |
|
| | | Engaged in Sexual Abuse of Children in the Past |
|
| | | Be it enacted by the People of the State of Maine as follows: |
|
| | | Sec. 1. 18-A MRSA §9-304, sub-§(b-1) is enacted to read: |
|
| | | (b-1)__There is a rebuttable presumption that the petitioner | | 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 if the court finds that the petitioner for | | the adoption of a minor child: |
|
| | | (1)__Has been convicted of an offense listed in Title 19-A, | | section 1653, subsection 6-A, paragraph A in which the | | victim was a minor at the time of the offense and the | | petitioner was at least 5 years older than the minor at the | | time of the offense except that, if the offense was gross | | sexual assault under Title 17-A, section 253, subsection 1, | | paragraph B or C and the minor victim submitted as a result | | of compulsion, the presumption applies regardless of the | | ages of the petitioner and the minor victim at the time of | | the offense; or |
|
| | | (2)__Has been adjudicated in an action under Title 22, | | chapter 1071 of sexually abusing a person who was a minor at | | the time of the abuse. |
|
| | | The petitioner may present evidence to rebut the presumption. |
|
| | | Sec. 2. 19-A MRSA §1653, sub-§6-A, ķA, as amended by PL 2003, c. 711, | | Pt. C, §1, is further amended to read: |
|
|
