2021 Maine Revised Statutes
TITLE 18-C: PROBATE CODE
Article 5: MAINE UNIFORM GUARDIANSHIP, CONSERVATORSHIP AND PROTECTIVE PROCEEDINGS
Part 2: GUARDIANSHIP OF MINOR
18-C §5-211. Transitional arrangement for minors; continued contact with former guardian after termination

§5-211. Transitional arrangement for minors; continued contact with former guardian after termination

1.  Transitional arrangements.  In issuing, modifying or terminating an order of guardianship for a minor, the court may enter an order providing for transitional arrangements for the minor if the court determines that such arrangements will assist the minor with a transition of custody and are in the best interest of the minor. Orders providing for transitional arrangements may include, but are not limited to, rights of contact, housing, counseling or rehabilitation. Such orders must be time-limited and expire not later than 6 months after the entry of the order or at the conclusion of the minor's current school year, whichever is later. In determining the best interest of the minor, a court may consider the minor's relationship with the guardian and need for stability.  

[PL 2019, c. 664, Pt. D, §1 (NEW).]

2.  Continued contact with former guardian after termination.  On timely motion of a parent or a guardian, the court terminating a guardianship may enter an order at the time of the termination or the expiration of a transitional arrangement pursuant to subsection 1 providing for communication or contact, including overnight visitation, between a minor and the former guardian after the termination of the guardianship if:  

A. The parent and guardian consent to the order; or   [PL 2019, c. 664, Pt. D, §1 (NEW).]

B. The court finds by clear and convincing evidence that ordering such continued communication or contact over the objection of the minor's parent:  

(1) Is necessary to avoid a likelihood of harm to the minor resulting from severing the legal relationship with the former guardian;  

(2) Would not significantly interfere with any parent-child relationship or with the parent's rightful authority over the minor; and  

(3) Is in the best interest of the minor due to the existing relationship between the minor and the former guardian because the former guardian was a primary caregiver and custodian of the minor for a significant period of time.   [PL 2019, c. 664, Pt. D, §1 (NEW).]

Before ordering communication or contact pursuant to paragraph B the court shall grant due consideration to the specific objections of the parent to the entry of an order and determine whether ordering a period of transitional arrangements pursuant to subsection 1 is sufficient to mitigate harm to the minor. Except as Title 4, section 152, subsection 5‑A may otherwise require, the court issuing the order for post-guardianship contact has continuing jurisdiction to modify, enforce or terminate the order and shall follow the procedure set forth in section 5‑210.  

[PL 2019, c. 664, Pt. D, §1 (NEW).]

SECTION HISTORY

PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2019, c. 664, Pt. D, §1 (RPR).