2012 Maine Revised Statutes
TITLE 19-A: DOMESTIC RELATIONS (HEADING: PL 1995, c. 694, Pt. B, @2 (new); Pt. E, @2 (aff))
Chapter 55: RIGHTS AND RESPONSIBILITIES
19-A §1658. Termination of parental rights and responsibilities upon conviction
Part 3: PARENTS AND CHILDREN HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)
§1658. Termination of parental rights and responsibilities upon conviction
The parental rights and responsibilities with respect to a specific child of a parent convicted of a crime involving the sexual intercourse that resulted in the conception of that child may be terminated in accordance with this section. [1997, c. 363, §1 (NEW).]
1. Petitioner. The petition for termination may be filed by the other parent or, if the other parent is a minor, the parent or guardian of the other parent.
[ 1997, c. 363, §1 (NEW) .]
2. Petition. The petitioner may file a petition with the District Court that requests the termination of the parental rights and responsibilities of the convicted parent and alleges:
A. That the parent was convicted of a crime involving sexual intercourse; and [1997, c. 363, §1 (NEW).]
B. That the sexual intercourse resulted in the conception of the child. [1997, c. 363, §1 (NEW).]
[ 1997, c. 363, §1 (NEW) .]
3. Termination. Except as provided in subsection 4, if the petitioner proves the allegations in subsection 2, paragraphs A and B by a preponderance of the evidence, the court shall terminate the parental rights and responsibilities of the parent.
[ 1997, c. 363, §1 (NEW) .]
4. Exception. The court is not required to terminate the parental rights and responsibilities of a parent convicted of gross sexual assault under Title 17-A, section 253, subsection 1, paragraph B, that resulted in the conception of the child if:
A. The parent or guardian of the other parent filed the petition; [1997, c. 363, §1 (NEW).]
B. The other parent informs the court that the sexual act was consensual; and [1997, c. 363, §1 (NEW).]
C. The other parent opposes the termination of the parental rights and responsibilities of the parent convicted of the gross sexual assault. [1997, c. 363, §1 (NEW).]
[ 1997, c. 363, §1 (NEW) .]
SECTION HISTORY
1997, c. 363, §1 (NEW).
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