APPROVED CHAPTER
MAY 8, 2023 63
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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H.P. 82 - L.D. 136
An Act to Clarify Court Jurisdiction of Actions Involving Children Brought
Under the Maine Uniform Probate Code
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 4 MRSA §152, sub-§5-A, as amended by PL 2017, c. 402, Pt. C, §3 and
affected by PL 2019, c. 417, Pt. B, §14, is further amended to read:
5-A. Actions involving minors under Title 18-C. Exclusive Except as provided in
paragraph C, exclusive, continuing jurisdiction of actions for guardianship, adoption,
change of name or other matters involving custody or other parental rights with respect to
a minor child brought under Title 18‑C under the following circumstances: if proceedings
under the Maine Juvenile Code brought against the minor child are pending in the District
Court; if proceedings involving custody or other parental rights with respect to a the minor
child, including but not limited to adoption, divorce, parental rights and responsibilities,
grandparents' rights, protective custody, change of name, guardianship, paternity,
parentage or termination of parental rights and protection from abuse or harassment, are
pending in the District Court; or if the minor child is or was the subject of an order issued
by the District Court terminating parental rights, appointing a guardian, including a
permanency, emergency or interim guardian, awarding parental rights to a 3rd party or
granting an adoption. This subsection does not apply if the only proceedings pending in
the District Court involving custody or other parental rights with respect to the minor child
are protection from abuse or protection from harassment proceedings unless one of the
other grounds for exclusive, continuing jurisdiction are met under this subsection. For
purposes of this subsection, a proceeding is pending if a complaint, petition or post-
judgment motion has been filed and the final judgment or final order on that complaint,
petition or post-judgment motion has not yet been issued.
A. The District Court presiding over any matter involving custody or other parental
rights with respect to a minor child shall require all parties to disclose whether they
have knowledge of:
(1) Any interim or final order then in effect concerning custody or other parental
rights with respect to the minor child;
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 (2) Any proceeding under the Maine Juvenile Code brought against the minor
child pending in the District Court or any proceeding involving custody or other
parental rights with respect to the minor child currently filed or pending before any
court of this State or another state, including before a probate court in this State; or
(3) Any other related action currently filed or pending before any court of this
State or another state, including before a probate court in this State.
B. If Except as provided in paragraph C, if the District Court presiding over any matter
under the Maine Juvenile Code brought against a minor child and any matter involving
custody or other parental rights with respect to a minor child becomes aware that a
proceeding for guardianship, adoption or change of name or another matter involving
custody or other parental rights with respect to the minor child under Title 18-C is
pending in a probate court in this State, the District Court shall notify the Probate Court
and take appropriate action to facilitate a transfer of the matter from the Probate Court;.
If a matter is transferred to the District Court under this paragraph, the District Court
has continuing, exclusive jurisdiction over the matter and over any future proceedings
for guardianship, adoption or change of name or other matter involving custody or
other parental rights with respect to the minor child brought under Title 18-C, except
to the extent that the District Court's jurisdiction is precluded by the Uniform Child
Custody Jurisdiction and Enforcement Act.
C. Notwithstanding any provision of law to the contrary, a probate court shall retain
jurisdiction over an action for guardianship, adoption, change of name or other matter
involving custody or other parental rights with respect to a minor child brought under
Title 18‑C that would otherwise be within the exclusive, continuing jurisdiction of the
District Court under this subsection and may not transfer that matter to the District
Court under paragraph B if:
(1) At the time the proceeding under the Maine Juvenile Code or the proceeding
involving custody or other parental rights with respect to the minor child that would
otherwise trigger the District Court's continuing, exclusive jurisdiction is initiated,
the testimonial hearing on the Title 18-C matter has concluded and the Probate
Court has that matter under advisement; and
(2) The Probate Court has not determined that the District Court is the more
appropriate forum for the Title 18-C proceeding;
Sec. 2. 4 MRSA §251-A, as enacted by PL 2015, c. 460, §4, is amended to read:
§251-A. Other proceedings involving parental rights; transfer to District Court
1. Disclosure of orders and proceedings. The judge of probate presiding over any
matter involving guardianship, adoption or change of name or another matter involving
custody or other parental rights with respect to a minor child shall require all parties to
disclose whether they have knowledge of:
A. Any interim or final order then in effect concerning custody or other parental rights
with respect to the minor child, including any order of the District Court terminating
parental rights; appointing a guardian, including a permanency, emergency or interim
guardian; awarding parental rights to a 3rd party; or granting an adoption;
B. Any proceeding under the Maine Juvenile Code brought against the minor child
pending in District Court or any proceeding involving custody or other parental rights
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 with respect to the minor child currently filed or pending before any court of this State
or another state, including the District Court; or
C. Any other related action currently filed or pending before any court of this State or
another state, including the District Court.
2. Transfer to District Court. If Except as provided in subsection 3, if in a matter
before the Probate Court concerning a minor child a judge of probate becomes aware that
a proceeding under the Maine Juvenile Code brought against the minor child or a
proceeding involving custody or other parental rights with respect to the minor child is
pending in the District Court or that the minor child is or was the subject of a District Court
order terminating parental rights, appointing a guardian, including a permanency,
emergency or interim guardian, awarding parental rights to a 3rd party or granting an
adoption, the judge shall notify the District Court and take appropriate action to facilitate a
transfer of the matter to the District Court. If a matter is transferred to the District Court
under this subsection, the District Court has continuing, exclusive jurisdiction over the
matter and over any future proceedings for guardianship, adoption or change of name or
other matter involving custody or other parental rights with respect to the minor child
brought under Title 18-C, except to the extent that the District Court's jurisdiction is
precluded by the Uniform Child Custody Jurisdiction and Enforcement Act.
3. Exception to transfer. Notwithstanding any provision of law to the contrary, a
probate court shall retain jurisdiction over an action for guardianship, adoption, change of
name or other matter involving custody or other parental rights with respect to a minor
child brought under Title 18‑C that would otherwise be within the exclusive, continuing
jurisdiction of the District Court under section 152, subsection 5-A and may not transfer
that matter to the District Court under subsection 2 if:
A. At the time the proceeding under the Maine Juvenile Code or the proceeding
involving custody or other parental rights with respect to the minor child that would
otherwise trigger the District Court's continuing, exclusive jurisdiction is initiated, the
testimonial hearing on the Title 18-C matter has concluded and the Probate Court has
that matter under advisement; and
B. The Probate Court has not determined that the District Court is the more appropriate
forum for the Title 18-C proceeding.
For purposes of this section, a proceeding is pending if a complaint, petition or post-
judgment motion has been filed and the final judgment or final order on that complaint,
petition or post-judgment motion has not yet been issued.
Sec. 3. 22 MRSA §4031, sub-§3, as amended by PL 2015, c. 296, Pt. C, §28 and
affected by Pt. D, §1, is further amended to read:
3. Scope of authority. The court shall consider and act on child protection petitions
regardless of other decrees regarding a child's care and custody. The requirements and
provisions of Title 19‑A, chapter 58 do not apply to child protection proceedings. If custody
or parentage is an issue in another pending proceeding, the proceedings may be
consolidated in the District Court with respect to the issue of custody, parentage or both.
In any event, the court shall make an order on the child protection petition in accordance
with this chapter. That order takes precedence over any prior other order regarding the
child's care and custody. Nothing in this subsection may be construed to limit the authority
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of the District Court to determine parentage pursuant to section 4005-F during the pendency
of a child protection proceeding; to consolidate a child protection proceeding with another
matter; or to resolve a child protection proceeding through the entry of a parental rights and
responsibilities order, guardianship order or adoption order.
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Statutes affected:
Bill Text LD 136, HP 82: 4.152, 4.251
Bill Text ACTPUB , Chapter 63: 4.152, 4.251, 22.4031