Sen. Carney introduces bill to help families in emergency custody situations

AUGUSTA — On Wednesday, March 15, Sen. Anne Carney, D-Cape Elizabeth, introduced LD 580, “An Act to Improve Family Court Procedure,” before the Joint Standing Committee on Judiciary. LD 580 would implement recommendations from a working group convened by the Maine Commission on Domestic and Sexual Abuse, particularly the recommendation to create a process for requesting an ex parte court order. This process would allow the court to issue an order at the request of one party under urgent circumstances.

“This bill would create a process for requesting an emergency court order to address an urgent need to establish or change parental rights and responsibilities when there is an immediate and present risk of substantial harm to the health or safety of a child,” said Sen. Carney. “We are fortunate to have the commitment of the working group to support implementation of this process. The report will help us identify how the process is working and what statutory changes or resources might be needed to ensure the needs of Maine families in crisis are met.”

During the 130th Legislature, LD 1577 directed the Maine Commission on Domestic and Sexual Abuse to create a working group to study possible solutions for families facing emergency custody situations. Among several actions, the working group conducted a survey of professionals working with or responding to families with urgent concerns regarding parental rights and responsibilities. It also surveyed parents with experience of the family court’s response to such concerns. Next, the working group looked at family court motion data and ex parte processes in other states. Finally, the working group made a plea for adequate funding for Maine’s courts, especially the family court.

The bill faces further action in committee.

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