Maine Revised Statutes Title 22 Sec. 4254 – Jurisdiction – Article 4
Current as of: 2023 | Check for updates
|
Other versions
1. Retain jurisdiction. The sending state shall retain jurisdiction over a child with respect to all matters of custody and disposition of the child that it would have had if the child had remained in the sending state. Such jurisdiction also includes the power to order the return of the child to the sending state.
[PL 2007, c. 255, §6 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 4254
- Child: means an individual who has not attained 18 years of age. See Maine Revised Statutes Title 22 Sec. 4252
- Indian tribe: means any Indian tribe, band, nation or other organized group or community of Indians recognized as eligible for services provided to Indians by the United States Secretary of the Interior because of their status as Indians, including any Alaska native village as defined in Section 3(c) of the Alaska Native Claims Settlement Act, 43 United States Code § 1602(c). See Maine Revised Statutes Title 22 Sec. 4252
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Jurisdiction: means the power and authority of a court to hear and decide matters. See Maine Revised Statutes Title 22 Sec. 4252
- Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72
- Public child placing agency: means any government child welfare agency or child protection agency or a private entity under contract with such an agency, regardless of whether it acts on behalf of a state, county, municipality or other governmental unit and that facilitates, causes or is involved in the placement of a child from one state to another. See Maine Revised Statutes Title 22 Sec. 4252
- Receiving state: means the state to which a child is sent, brought or caused to be sent or brought. See Maine Revised Statutes Title 22 Sec. 4252
- Sending state: means the state from which the placement of a child is initiated. See Maine Revised Statutes Title 22 Sec. 4252
- State: means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands and any other territory of the United States. See Maine Revised Statutes Title 22 Sec. 4252
- State court: means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency or status offenses of individuals who have not attained 18 years of age. See Maine Revised Statutes Title 22 Sec. 4252
2. Issue of child protection; custody. When an issue of child protection or custody is brought before a court in the receiving state, such court shall confer with the court of the sending state to determine the most appropriate forum for adjudication.
[PL 2007, c. 255, §6 (NEW).]
3. Authority to terminate. In accordance with its own laws, the court in the sending state has authority to terminate its jurisdiction if:
A. The child is reunited with the parent in the receiving state who is the subject of allegations or findings of abuse or neglect, but only with the concurrence of the public child placing agency in the receiving state; [PL 2007, c. 255, §6 (NEW).]
B. The child is adopted; [PL 2007, c. 255, §6 (NEW).]
C. The child reaches the age of majority under the laws of the sending state; [PL 2007, c. 255, §6 (NEW).]
D. The child achieves legal independence pursuant to the laws of the sending state; [PL 2007, c. 255, §6 (NEW).]
E. A guardianship is created by a court in the receiving state with the concurrence of the court in the sending state; [PL 2007, c. 255, §6 (NEW).]
F. An Indian tribe has petitioned for and received jurisdiction from the court in the sending state; or [PL 2007, c. 255, §6 (NEW).]
G. The public child placing agency of the sending state requests termination and has obtained the concurrence of the public child placing agency in the receiving state. [PL 2007, c. 255, §6 (NEW).]
[PL 2007, c. 255, §6 (NEW).]
4. Court terminates jurisdiction. When a sending state court terminates its jurisdiction, the receiving state child placing agency must be notified.
[PL 2007, c. 255, §6 (NEW).]
5. Claim of jurisdiction. Nothing in this section defeats a claim of jurisdiction by a receiving state court sufficient to deal with an act of truancy, delinquency, crime or behavior involving a child as defined by the laws of the receiving state committed by the child in the receiving state that would be a violation of its laws.
[PL 2007, c. 255, §6 (NEW).]
6. Emergency jurisdiction. Nothing in this section limits the receiving state’s ability to take emergency jurisdiction for the protection of the child.
[PL 2007, c. 255, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 255, §6 (NEW).