MaineMaine courts weigh removal trauma in child protection cases
People seeking an early child protection order must give sworn details, while courts weigh removal trauma and efforts to keep the child at home.
What it does
A petitioner may ask the court for an early protection order in a child protection case. The request must include sworn details about the risk, removal trauma, and services offered to keep the child at home.
A court may issue a preliminary protection order only if evidence shows an immediate risk of serious harm. It must weigh removal trauma and whether the department has tried all options to avoid removing the child.
The court must schedule a hearing 7 to 14 days after issuing the order, unless a parent’s lawyer asks for an earlier hearing. Someone who was not served in time may request another hearing within 10 days after receiving the petition.
Argument forChildren may face fewer unnecessary removals because the court must weigh removal trauma and whether the department tried ways to keep them safely at home.
Argument againstA child may remain away from home for several days before the scheduled hearing, even when a parent wants the court to review the order sooner.
More detail
A petitioner may ask for a preliminary protection order with a child protection petition or in a separate request. This applies to requests for preliminary protection orders in child protection cases. The request must be sworn and include supporting facts, the department’s assessment of removal trauma and immediate risk, and services offered to try to prevent removal.
A court considering a preliminary protection order must weigh removal trauma and whether the department has tried all options to reduce the risk and avoid removal. This applies when a court considers a preliminary protection order for a child. The court may order a disposition only if the evidence shows an immediate risk of serious harm to the child. The preliminary order ends when the court issues a final protection order or a judicial review order.
The court must schedule a hearing on a preliminary protection order and decide whether to continue it or make another decision about the child’s care. The hearing concerns a preliminary protection order and may involve a parent, custodian, or legal guardian. If a parent, custodian, or legal guardian appears and does not agree to the order, the petitioner must prove the case. To continue the order, the court must explain why the immediate risk outweighs removal trauma and find that the department tried all options to reduce the risk and avoid removal. If the order finds an aggravating factor, the court may tell the department not to start or to stop efforts to reunite the family. The court must then hold hearings on harm to the child and a permanent plan. The first hearing must be scheduled within 14 days, but no sooner than 7 days, after the order is issued unless a parent’s lawyer asks for an earlier hearing. An unserved parent, custodian, or legal guardian may request another hearing within 10 days after receiving the petition. If reunification is stopped or delayed, the required follow-up hearings must begin within 30 days of the order.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Apr 26Became Law without Governor's SignatureLatest
- Apr 13PASSED TO BE ENACTED, in concurrence.Major
- Apr 13Sent for concurrence. ORDERED SENT FORTHWITH.
- Apr 13PASSED TO BE ENACTED.Passed 2nd Chamber
- Apr 13ORDERED SENT FORTHWITH.
- Apr 13The House RECEDED and CONCURRED to PASSAGE TO BE ENGROSSED as Amended by Committee Amendment "A" (S-328) as Amended by Senate Amendment "A" (S-683) thereto.Minor
- Apr 13Sent down for concurrence.
- Apr 13PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (S-328) as Amended by Senate Amendment "A" (S-683) thereto in NON-CONCURRENCE.Minor
- Apr 13Committee Amendment "A" (S-328) as Amended by Senate Amendment "A" (S-683) thereto ADOPTED.Minor
- Apr 13On further motion by Same Senator Senate Amendment "A" (S-683) to Committee Amendment "A" (S-328) READ and ADOPTED.
- Apr 13On further motion by Same Senator the Senate SUSPENDED THE RULES to RECONSIDER their actions whereby Committee Amendment "A" (S-328) was ADOPTED.Minor
- Apr 13On motion by Same Senator the Senate SUSPENDED THE RULES to RECONSIDER their actions whereby the Bill was PASSED TO BE ENGROSSED AS AMENDED by Committee Amendment "A" (S-328) in concurrence.Minor
- Apr 13On motion by Senator ROTUNDO of Androscoggin taken from the Special Appropriations Table
- 2025
- Jun 25CARRIED OVER, in the same posture, to any special or regular session of the 132nd Legislature, pursuant to Joint Order SP 800.
- Jun 11On motion by Senator ROTUNDO of Androscoggin PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending ENACTMENT in concurrence
- Jun 10Sent for concurrence. ORDERED SENT FORTHWITH.
- Jun 10PASSED TO BE ENACTED.Became Law
- Jun 10In concurrence. ORDERED SENT FORTHWITH.
- Jun 10The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (S-328).Minor
- Jun 10Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.
- Jun 10Committee Amendment "A" (S-328) was READ and ADOPTED.Minor
- Jun 10The Bill was READ ONCE.Minor
- Jun 10On motion of Representative KUHN of Falmouth, the Majority Ought to Pass as Amended Report was ACCEPTED.
- Jun 10Reports READ.
- Jun 9Reported Out - OTP-AM/ONTP
- Jun 9Sent down for concurrence
- Jun 9Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED by Committee Amendment "A" (S-328)Minor
- Jun 9Committee Amendment "A" (S-328) READ and ADOPTED.Minor
- Jun 9READ ONCEMinor
- Jun 9On motion by Senator CARNEY of Cumberland the Majority Ought to Pass as Amended Report ACCEPTED.
- Jun 9Reports Read
- Apr 30Voted - Divided Report
- Apr 30Work Session Held
- Apr 23Work Session Held - TABLED
- Apr 10In concurrence. ORDERED SENT FORTHWITH.
- Apr 10The Bill was REFERRED to the Committee on JUDICIARY.Minor
- Apr 10Committee on JUDICIARY suggested and ordered printed REFERENCE to the Committee on JUDICIARY Ordered sent down forthwith for concurrenceIntroduced
Criminal Justice