Maine Revised Statutes Title 34-B Sec. 7012 – Notice of hearing upon the petition to determine the best interest of a person being considered for sterilization
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Terms Used In Maine Revised Statutes Title 34-B Sec. 7012
- 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.
- Custodian: means the person having care and custody over the individual seeking sterilization or the individual for whom sterilization is sought. See Maine Revised Statutes Title 34-B Sec. 7003
- 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.
- Guardian: means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, but excludes one who is merely a guardian ad litem. See Maine Revised Statutes Title 34-B Sec. 7003
- registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72
- Resident: means a person residing in a state institution or in any other institution which provides services which fall under the jurisdiction of the department. See Maine Revised Statutes Title 34-B Sec. 1001
- Sterilization: means a medical or surgical procedure, the purpose of which is to render an individual permanently incapable of procreation. See Maine Revised Statutes Title 34-B Sec. 7003
Upon the receipt of a petition, the court shall assign a time, not later than 30 days thereafter, and a place for a hearing on the petition. The court may, at its discretion, hold the hearing on the petition at a place within the county other than the usual courtroom, if it would facilitate the presence of the person being considered for sterilization. The court shall cause the petition and notice of the hearing to be served on the person being considered for sterilization and the person’s guardian or custodian at least 20 days prior to the hearing date. The court shall direct that personal service be made upon the person being considered for sterilization and the person’s guardian or custodian. If the guardian or custodian of the person being considered for sterilization is not a resident of this State, notice may be served by registered mail. If the residence of the guardian or custodian of the person being considered for sterilization is unknown, an affidavit so stating must be filed in lieu of service. [RR 2019, c. 2, Pt. B, §108 (COR).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). RR 2019, c. 2, Pt. B, §108 (COR).