LD 1382
pg. 5
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LR 603
Item 1

 
If there is an existing child support order or obligation
regarding the child, and if the District Court fails to make a
child support order at the time of appointing a permanency
guardian, the permanency guardian becomes the obligee under the
existing support order or obligation.__A copy of the order
appointing the permanency guardian is sufficient proof of the
permanency guardian's status as obligee.

 
5.__Jurisdiction over permanency guardian.__The District Court
has exclusive jurisdiction to appoint or remove a permanency
guardian and to establish any rights of contact between a child
and a parent, grandparent or sibling.

 
6.__Proceedings to terminate permanency guardianship or to
determine rights of contact.__Proceedings to terminate permanency
guardianship or to determine rights of contact are governed by
the following.

 
A.__Any party to the child protective proceeding may
petition to terminate a permanency guardianship and any
parent, grandparent or sibling of the child may petition the
court to establish rights of contact with the child, except
that a person having once petitioned unsuccessfully to
terminate a permanency guardianship or to establish rights
of contact may not bring a new petition to terminate the
permanency guardianship or to establish rights of contact
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.

 
B.__Notice of a petition under paragraph A must be given in
the manner provided for by Rule 4 of the Maine Rules of
Civil Procedure to all parties to the child protective case
and to the permanency guardian.

 
C.__The permanency guardianship may be terminated only if
the petitioner proves by a preponderance of the evidence
that the termination is in the best interest of the child.

 
7.__Effect on inheritance rights and public benefits.__The
appointment of a permanency guardian does not affect the
inheritance rights between a child and the child's parent or
parents.

 
The appointment of a permanency guardian may not affect the
child's entitlement to benefits due that child from any 3rd
person, agency or state or the United States.__The permanency
guardian's resources and income are counted in determining


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