(1-C)__"Demonstrated lack of consistent participation" means refusal or failure to comply with the duties imposed upon a parent by the parent-child relationship, including but not limited to providing the child necessary food, clothing, shelter, health care, education, a nurturing and consistent relationship and other care and control necessary for the child's physical, mental and emotional health and development.

In determining whether there has been a demonstrated lack of consistent participation in the child's life by the parent or legal custodian, the court shall consider at least the following factors:

(a)__The intent of the parent, parents or legal custodian in placing the child with the person petitioning as a de facto guardian;

(b)__The amount of involvement the parent, parents or legal custodian had with the child during the parent's, parents' or legal custodian's absence;

(c)__The facts and circumstances of the parent's, parents' or legal custodian's absence;

(d)__The parent's, parents' or legal custodian's refusal to comply with conditions for retaining custody set forth in any previous court orders; and

(e)__Whether the nonconsenting parent, parents or legal custodian was previously prevented from participating in the child's life as a result of domestic violence or child abuse or neglect.

Serving as a member of the United States Armed Forces may not be considered demonstration of lack of consistent participation;

Sec. 2. 18-A MRSA §5-204, as amended by PL 2001, c. 554, §2 and PL 2003, c. 689, Pt. B, §§6 and 7, is further amended to read:

§5-204. Court appointment of guardian of minor; conditions

for appointment

The court may appoint a guardian or coguardians for an unmarried minor if:

(a) All parental rights of custody have been terminated or suspended by circumstance or prior court order;