§ 7001 Short title
§ 7002 Legislative intent
§ 7003 Definitions
§ 7004 Informed consent required for sterilization
§ 7005 Sterilization authorized by court
§ 7006 Contents of petition for determination of ability to give informed consent for sterilization
§ 7007 Submitting petition to determine informed consent; notice of hearing
§ 7008 Hearing upon a petition to determine informed consent for sterilization
§ 7009 Limitations
§ 7010 Determination of the best interests of a person unable to give informed consent for sterilization
§ 7011 Contents of petition for consideration of sterilization of a person based upon a determination
§ 7012 Notice of hearing upon the petition to determine the best interest of a person being considered for sterilization
§ 7013 Hearing upon a petition to determine the best interest of a person being considered for sterilization
§ 7014 Confidentiality; court costs
§ 7015 Penalties
§ 7016 Liability

Terms Used In Maine Revised Statutes > Title 34-B > Chapter 7 - Due Process in Sterilization Act of 1982

  • 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.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Chief administrative officer: means the head of a correctional facility or a detention facility. See Maine Revised Statutes Title 34-A Sec. 1001
  • Commissioner: means the Commissioner of Corrections or his designee, except that, when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Corrections and not to any designee. See Maine Revised Statutes Title 34-A Sec. 1001
  • 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.
  • 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.
  • Correctional facility: means any facility that falls under the jurisdiction of the department, but does not include any facility for which the department is required to establish standards pursuant to section 1208 or 1208?A. See Maine Revised Statutes Title 34-A Sec. 1001
  • 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
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Corrections. See Maine Revised Statutes Title 34-A Sec. 1001
  • Detention facility: means the Long Creek Youth Development Center. See Maine Revised Statutes Title 34-A Sec. 1001
  • Disinterested expert: means an appropriately licensed or certified professional not associated with an institution serving the person for whom sterilization is being sought and not personally related to the petitioner. See Maine Revised Statutes Title 34-B Sec. 7003
  • Donor: The person who makes a gift.
  • Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72
  • Grantor: The person who establishes a trust and places property into it.
  • Grantor: means the person who conveys a freehold estate or interest in land. 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.
  • 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
  • Informed consent: means consent that is:
A. See Maine Revised Statutes Title 34-B Sec. 7003
  • Month: means a calendar month. 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
  • Parent: means a natural or adoptive mother or father of a person. See Maine Revised Statutes Title 34-B Sec. 7003
  • Personal property: All property that is not real property.
  • Physician: means any person licensed to practice medicine under Title 32, chapter 48, subchapter II, or under Title 32, chapter 36, subchapters II and IV. See Maine Revised Statutes Title 34-B Sec. 7003
  • 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
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Psychiatrist: means a physician licensed to practice medicine under Title 32, chapter 48, subchapter II, who specializes in the diagnosis and treatment of mental disorders. See Maine Revised Statutes Title 34-B Sec. 7003
  • Psychologist: means any person licensed to practice psychology under Title 32, chapter 56, subchapter III. 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
  • 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.
  • 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).
  • 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
  • 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.
  • State institution: means :
    • A. See Maine Revised Statutes Title 34-B Sec. 1001
  • Statute: A law passed by a legislature.
  • 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
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testator: A male person who leaves a will at death.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trustee: A person or institution holding and administering property in trust.
  • Under age: means under the age of 18. See Maine Revised Statutes Title 1 Sec. 72
  • Written political material: means flyers, handbills or other nonperiodical publications, which are subject to the restrictions of Title 21?A, chapter 13. See Maine Revised Statutes Title 34-A Sec. 1001