LD 1232
pg. 4
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LR 429
Item 1

 
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.__There is a rebuttable presumption that the
grandparent would create a situation of jeopardy for the child if
any contact were to be permitted and that contact is not in the
best interest of the child if the court finds that the
grandparent:

 
A. 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
grandparent 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 grandparent and the minor victim at the time of
the offense; or

 
B.__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 grandparent seeking visitation with or access to the child
may produce evidence to rebut the presumption.

 
Sec. 7. 22 MRSA §4035, sub-§2-A is enacted to read:

 
2-A.__Conviction or adjudication for certain sex offenses;
presumption.__There is a rebuttable presumption:

 
A.__That the person seeking custody or contact with the
child would create a situation of jeopardy for the child if
any contact were to be permitted and that contact is not in
the best interest of the child if the court finds that the
person:

 
(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 person 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


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