Maine Revised Statutes > Title 22 > Subtitle 3 > Part 3 > Chapter 1071 > Subchapter 4 – Protection Orders; Permanency Guardianship
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Terms Used In Maine Revised Statutes > Title 22 > Subtitle 3 > Part 3 > Chapter 1071 > Subchapter 4 - Protection Orders; Permanency Guardianship
- 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
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- 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.
- Amortization: Paying off a loan by regular installments.
- 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.
- Arrest: Taking physical custody of a person by lawful authority.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Campsite: means a camping location containing tents, registered tent trailers, registered pickup campers, registered recreational vehicles, registered trailers or similar devices used for camping. See Maine Revised Statutes Title 12 Sec. 682
- Child or children: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- 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
- Commercial sporting camp: means a building or group of buildings devoted primarily to the offering of primitive lodging facilities for a fee to persons primarily in pursuit of primitive recreation or snowmobiling. See Maine Revised Statutes Title 12 Sec. 682
- Community Reinvestment Act: The Act is intended to encourage depository institutions to help meet the credit needs of the communities in which they operate, including low- and moderate-income neighborhoods. It was enacted by the Congress in 1977. Source: OCC
- Community-based offshore wind energy project: means a wind energy development, as defined by Title 35?A, section 3451, subsection 11, with an aggregate generating capacity of less than 3 megawatts that meets the following criteria: the generating facilities are wholly or partially located on or above the coastal submerged lands of the State; the generating facilities are located within one nautical mile of one or more islands that are within the unorganized and deorganized areas of the State and the project will offset part or all of the electricity requirements of those island communities; and the development meets the definition of "community-based renewable energy project" as defined by Title 35?A, section 3602, subsection 1. See Maine Revised Statutes Title 12 Sec. 682
- 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.
- 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.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Donor: The person who makes a gift.
- Dwelling unit: means any part of a structure which, through sale or lease, is intended for human habitation, including single-family and multifamily housing, condominiums, time-share units, and apartments. See Maine Revised Statutes Title 12 Sec. 682
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Escrow: Money given to a third party to be held for payment until certain conditions are met.
- Evidence: 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.
- Ex officio: Literally, by virtue of one's office.
- Fiduciary: A trustee, executor, or administrator.
- 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.
- 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.
- Grandparent: means the parent of a child's parent. See Maine Revised Statutes Title 22 Sec. 4002
- Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72
- 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.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Inter vivos: Transfer of property from one living person to another living person.
- Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
- 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 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Moratorium: means a temporary land use regulation or ordinance approved by the commission or a municipal legislative body which prevents development or subdivision by withholding authorization or approval necessary for development. See Maine Revised Statutes Title 12 Sec. 682 Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. 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 National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC Obligation: 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. 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, 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. Planned subdistrict: means a delineated area for which a specific land use plan and standards have been agreed to by the owner of the land within the delineated area and approved by the commission. See Maine Revised Statutes Title 12 Sec. 682 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. Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC 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 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will 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 estate: means land and structures attached to it. See Maine Revised Statutes Title 12 Sec. 682 Relative: 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 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. 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 Resource 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. 4002Setback: means the minimum horizontal distance from a lot line, shoreline or road to the nearest part of a structure. See Maine Revised Statutes Title 12 Sec. 682 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Shoreline: means the normal high water mark of tidal waters, a coastal or inland wetland, a standing body of water or flowing water. See Maine Revised Statutes Title 12 Sec. 682 Spaghetti-lot: means a parcel of land with a lot depth to shore frontage ratio greater than 5 to 1. See Maine Revised Statutes Title 12 Sec. 682 State paper: means the newspaper designated by the Legislature, in which advertisements and notices are required to be published. See Maine Revised Statutes Title 1 Sec. 72 Statute: A law passed by a legislature. Structure: means anything constructed or erected with a fixed location on or in the ground, or attached to something having a fixed location on or in the ground, including, but not limited to, buildings, mobile homes, retaining walls, billboards, signs, piers and floats. See Maine Revised Statutes Title 12 Sec. 682 subdivision: means a division of an existing parcel of land into 3 or more parcels or lots within any 5-year period, whether this division is accomplished by platting of the land for immediate or future sale, by sale of the land or by leasing. See Maine Revised Statutes Title 12 Sec. 682 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 Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition. Transient occupancy: means occupancy that does not exceed 120 days in a calendar year. See Maine Revised Statutes Title 12 Sec. 682 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Unorganized and deorganized areas: includes :
A. See Maine Revised Statutes Title 12 Sec. 682Venue: 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