An Act To Allow Relative Caregivers Standing in Court
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §4005-D, sub-§6, as amended by PL 2007, c. 255, §3, is further amended to read:
6. Foster parents and preadoptive parents. The foster parent of a child, if any, and any preadoptive parent or relative providing care for the child must be provided notice of and the right to be heard in any proceeding to be held with respect to the child. The right to be heard includes the right to testify but does not include the right to present other witnesses or evidence, to attend any other portion of the proceeding or to have access to pleadings or records. This subsection may not be construed to require that any foster parent , or preadoptive parent or relative providing care for the child be made a party to the proceeding solely on the basis of the notice and right to be heard.
The foster parent of a child, if any, and any preadoptive parent or relative providing care for the child may attend a proceeding in its entirety under this subsection unless specifically excluded by decision of the presiding judge.
Sec. 2. 22 MRSA §4005-D, sub-§6-A is enacted to read:
6-A. Relatives providing care. A relative caregiver has an unconditional right to intervene and to obtain the rights of a party in a proceeding under this chapter pursuant to the Maine Rules of Civil Procedure, Rule 24(a).
summary
This bill specifies that a relative caregiver involved in a child protection proceeding has an unconditional right to intervene in the proceeding.