Maine Revised Statutes > Title 22 > Subtitle 3 > Part 3 > Chapter 1071 > Subchapter 1 – General Provisions
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Maine Revised Statutes > Title 22 > Subtitle 3 > Part 3 > Chapter 1071 > Subchapter 1 - General Provisions
- Abandonment: means any conduct on the part of the parent showing an intent to forego parental duties or relinquish parental claims. See Maine Revised Statutes Title 22 Sec. 4002
- Abuse or neglect: means a threat to a child's health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation including under Title 17?A, sections 282, 852, 853 and 855 or deprivation of essential needs, or lack of protection from these, by a person responsible for the child. See Maine Revised Statutes Title 22 Sec. 4002
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Aggravating factor: means any of the following circumstances with regard to the parent. See Maine Revised Statutes Title 22 Sec. 4002
- Allegation: something that someone says happened.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appointment of agent: means a statement appointing an agent for service of process filed by a domestic entity that is not a filing entity or a nonqualified foreign entity under section 112. See Maine Revised Statutes Title 5 Sec. 102
- Bequest: Property gifted by will.
- Chambers: A judge's office.
- Child protection proceeding: means a proceeding on a child protection petition under subchapter VI, a subsequent proceeding to review or modify a case disposition under section 4038, an appeal under section 4006, a proceeding on a termination petition under subchapter VI, or a proceeding on a medical treatment petition under subchapter VIII. See Maine Revised Statutes Title 22 Sec. 4002
- Child sex trafficking: means the recruitment, harboring, transportation, provision or obtaining of a child for the purposes of a commercial sex act as defined in 22 United States Code § 7102(4). See Maine Revised Statutes Title 22 Sec. 4002
- Clerk: means the person described in Title 13?C, chapter 5?A. See Maine Revised Statutes Title 5 Sec. 102
- Clerk filing: means the public organic document of a domestic filing entity formed under Title 13?C. See Maine Revised Statutes Title 5 Sec. 102
- Commercial clerk: means a clerk who is listed under section 106. See Maine Revised Statutes Title 5 Sec. 102
- Commercial registered agent: means an individual or a domestic or foreign entity listed under section 106. See Maine Revised Statutes Title 5 Sec. 102
- Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 544
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Critical area: means any natural area documented by the Natural Areas Program that is conserved or protected in its natural condition through voluntary action. See Maine Revised Statutes Title 12 Sec. 544
- Custodial parent: means a parent with custody. See Maine Revised Statutes Title 22 Sec. 4002
- Custodian: means the person who has legal custody and power over the person of a child. See Maine Revised Statutes Title 22 Sec. 4002
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Decedent: A deceased person.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Dependent: A person dependent for support upon another.
- Devise: To gift property by will.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Domestic entity: means an entity whose internal affairs are governed by the laws of this State. See Maine Revised Statutes Title 5 Sec. 102
- Entity: means a person that has a separate legal existence or has the power to acquire an interest in real property in its own name other than:
A. See Maine Revised Statutes Title 5 Sec. 102Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Fetal alcohol spectrum disorder: means a condition whose effects include having facial characteristics, growth restriction, central nervous system abnormalities or other characteristics consistent with prenatal alcohol exposure identified in a child from birth to 12 months of age. See Maine Revised Statutes Title 22 Sec. 4002 Filing entity: means an entity that is created by the filing of a public organic document. See Maine Revised Statutes Title 5 Sec. 102 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Foreign entity: means an entity other than a domestic entity. See Maine Revised Statutes Title 5 Sec. 102 Foreign qualification document: means an application for a certificate of authority or other foreign qualification filing with the Secretary of State by a foreign entity. See Maine Revised Statutes Title 5 Sec. 102 Foster parent: means a person whose home is licensed by the department as a family foster home as defined in section 8101, subsection 3 and with whom the child lives pursuant to a court order or agreement with the department. See Maine Revised Statutes Title 22 Sec. 4002 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Governance interest: means the right under the organic law or organic rules of an entity, other than as a governor, agent, assignee or proxy, to:
A. See Maine Revised Statutes Title 5 Sec. 102Governor: means a person by or under whose authority the powers of an entity are exercised and under whose direction the business and affairs of the entity are managed pursuant to the organic law and organic rules of the entity. See Maine Revised Statutes Title 5 Sec. 102 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Grandparent: means the parent of a child's parent. See Maine Revised Statutes Title 22 Sec. 4002 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 Inter vivos: Transfer of property from one living person to another living person. Interest: means :
A. See Maine Revised Statutes Title 5 Sec. 102Interest holder: means a direct holder of an interest. See Maine Revised Statutes Title 5 Sec. 102 jeopardy: means serious abuse or neglect, as evidenced by:
A. See Maine Revised Statutes Title 22 Sec. 4002Jurisdiction: (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. lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Licensed mental health professional: means a psychiatrist, licensed psychologist, licensed clinical social worker or certified social worker. See Maine Revised Statutes Title 22 Sec. 4002 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Natural area: means any area of land or water, or both land and water, whether publicly or privately owned, that retains or has reestablished its natural character, though it need not be completely natural and undisturbed, and that supports, harbors or otherwise contains endangered, threatened or rare plants, animals and native ecological systems, or rare or unique geological, hydrological, natural historical, scenic or other similar features of scientific and educational value benefiting the citizens of the State. See Maine Revised Statutes Title 12 Sec. 544 Noncommercial clerk: means a clerk that is not listed as a commercial clerk under section 106 and that is:
A. See Maine Revised Statutes Title 5 Sec. 102Noncommercial registered agent: means a person that is not listed as a commercial registered agent under section 106 and that is:
A. See Maine Revised Statutes Title 5 Sec. 102Nonqualified foreign entity: means a foreign entity that is not authorized to transact business in this State pursuant to a filing with the Secretary of State. See Maine Revised Statutes Title 5 Sec. 102 Nonresident LLP statement: means :
A. See Maine Revised Statutes Title 5 Sec. 102Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Organic law: means the statutes, if any, other than this chapter, governing the internal affairs of an entity. See Maine Revised Statutes Title 5 Sec. 102 Organic rules: means the public organic document and private organic rules of an entity. See Maine Revised Statutes Title 5 Sec. 102 Oversight: Committee review of the activities of a Federal agency or program. Parent: means a natural or adoptive parent or a parent established under Title 19?A, chapter 61, unless parental rights have been terminated. See Maine Revised Statutes Title 22 Sec. 4002 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 5 Sec. 102 Person: means an individual, corporation, facility, institution or agency, public or private. See Maine Revised Statutes Title 22 Sec. 4002 Person responsible for the child: includes the child's custodian. See Maine Revised Statutes Title 22 Sec. 4002 Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer. Preadoptive parent: means a person who has entered into a preadoption agreement with the department with respect to the child. See Maine Revised Statutes Title 22 Sec. 4002 Private organic rules: means the rules, whether or not in a record, that govern the internal affairs of an entity, are binding on all of its interest holders and are not part of its public organic document, if any. See Maine Revised Statutes Title 5 Sec. 102 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public organic document: means the public record, the filing of which creates an entity, and any amendment to or restatement of that record. See Maine Revised Statutes Title 5 Sec. 102 Qualified foreign entity: means a foreign entity that is authorized to transact business in this State pursuant to a filing with the Secretary of State. See Maine Revised Statutes Title 5 Sec. 102 Qualified residential treatment program: means a program within a licensed children's residential care facility as defined in section 8101, subsection 4 that provides continuous 24-hour care and supportive services to children in a residential nonfamily home setting that:
A. See Maine Revised Statutes Title 22 Sec. 4002Quorum: The number of legislators that must be present to do business. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 5 Sec. 102 Register of critical areas: means the official listing of critical areas. See Maine Revised Statutes Title 12 Sec. 544 Registered agent: means a commercial registered agent or a noncommercial registered agent. See Maine Revised Statutes Title 5 Sec. 102 Registered agent filing: means :
A. See Maine Revised Statutes Title 5 Sec. 102Relative: includes , for an Indian child as defined by the federal Indian Child Welfare Act of 1978, 25 United States Code § 1903, Subsection 4, or by the Maine Indian Child Welfare Act, section 3943, subsection 8, an extended family member as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, an extended family member as defined by the federal Indian Child Welfare Act of 1978, 25 United States Code § 1903, Subsection 2 or the Maine Indian Child Welfare Act, section 3943, subsection 5. See Maine Revised Statutes Title 22 Sec. 4002 Removal of the child from home: means that the department or a court has taken a child out of the home of the parent, legal guardian or custodian without the permission of the parent or legal guardian. See Maine Revised Statutes Title 22 Sec. 4002 Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Represented entity: means :
A. See Maine Revised Statutes Title 5 Sec. 102Resource family: means a person or persons who provide care to a child in the child welfare system and who are foster parents, permanency guardians, adoptive parents or members of the child's extended birth family. See Maine Revised Statutes Title 22 Sec. 4002 Serious harm: means :
A. See Maine Revised Statutes Title 22 Sec. 4002Serious injury: means serious physical injury or impairment. See Maine Revised Statutes Title 22 Sec. 4002 Service of process: The service of writs or summonses to the appropriate party. Sign: means , with present intent to authenticate or adopt a record:
A. See Maine Revised Statutes Title 5 Sec. 102Species: means any recognized taxonomic category of the biota including species, subspecies or variety. See Maine Revised Statutes Title 12 Sec. 544 Subpoena: A command to a witness to appear and give testimony. Suspicious child death: means the death of a child under circumstances in which there is reasonable cause to suspect that abuse or neglect was a cause of or factor contributing to the child's death. See Maine Revised Statutes Title 22 Sec. 4002 Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Transferable interest: means the right under an entity's organic law to receive distributions from the entity. See Maine Revised Statutes Title 5 Sec. 102 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Venue: The geographical location in which a case is tried. Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72