Maine Revised Statutes > Title 7 > Part 2 > Chapter 103 > Subchapter 10 > Article 1 – Grading
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Terms Used In Maine Revised Statutes > Title 7 > Part 2 > Chapter 103 > Subchapter 10 > Article 1 - Grading
- 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
- Allegation: something that someone says happened.
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Appraisal: A determination of property value.
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- At-risk: means there is reasonable cause to suspect that a child's health, safety and welfare is in jeopardy due to abuse, neglect, abandonment or similar circumstances and that return to the child's or the child's parent's country of origin or country of last habitual residence would not be in the best interest of the child. See Maine Revised Statutes Title 22 Sec. 4099-I
- Board: means the Maine Retirement Savings Board under section 172. See Maine Revised Statutes Title 5 Sec. 171
- Case plan prescription: means a plan developed by the family support team. See Maine Revised Statutes Title 22 Sec. 4092
- certified seed: as used in this Title shall be deemed to mean potato, vegetable, forage crop or grain seeds as shall have been grown and prepared for sale in accordance with regulations laid down by the commissioner and for which a certificate or tag has been issued as provided in section 2103. See Maine Revised Statutes Title 7 Sec. 2101
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- child: means an unmarried person who has not attained 21 years of age. See Maine Revised Statutes Title 22 Sec. 4099-I
- Child or children: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- 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. 1801
- 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.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Court: includes , but is not limited to, the Probate Court and District Court, or any other state court with juvenile jurisdiction. See Maine Revised Statutes Title 22 Sec. 4099-I
- Custodian: means the person who has legal custody and power over the person of a child. See Maine Revised Statutes Title 22 Sec. 4002
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Department: means the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 1801
- Dependent: A person dependent for support upon another.
- Director: means the Director of the Bureau of Parks and Lands. See Maine Revised Statutes Title 12 Sec. 1801
- Docket: A log containing brief entries of court proceedings.
- Enterprise fund: means the Maine Retirement Savings Program Enterprise Fund established in section 178. See Maine Revised Statutes Title 5 Sec. 171
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- 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.
- Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
- Family support team: means a specialized team of professionals evaluating children who are suspected victims of child abuse and neglect as defined in section 4002, subsection 1. See Maine Revised Statutes Title 22 Sec. 4092
- 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.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- 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.
- Historic site: means any area of land owned, leased or otherwise controlled by the State, with or without buildings, improvements or other structures, that has been classified by the director for public use wholly or primarily because of its historical, archaeological or scientific interest or value. See Maine Revised Statutes Title 12 Sec. 1801
- Homeless youth: means a person 21 years of age or younger who is unaccompanied by a parent or guardian and is without shelter where appropriate care and supervision are available, whose parent or legal guardian is unable or unwilling to provide shelter and care or who lacks a fixed, regular and adequate nighttime residence. See Maine Revised Statutes Title 22 Sec. 4099-D
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- 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 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Multiple use: means :
A. See Maine Revised Statutes Title 12 Sec. 1831Municipality: 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 Noncitizen: means any person who is not a United States citizen. See Maine Revised Statutes Title 22 Sec. 4099-I Nonreserved public lands: means all public domain lands, public islands in inland and coastal waters, lands acquired under section 8003, subsection 3, paragraph N, lands acquired by the bureau pursuant to other lawful authority and any other lands the management and control of which are not otherwise provided for by law. See Maine Revised Statutes Title 12 Sec. 1801 Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 Oath: A promise to tell the truth. 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. 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 Park: means any area of land or an interest in land, with or without improvements, that is acquired by or under the control of the State, managed primarily for public recreation or conservation purposes and classified by the director as a park, including:
A. See Maine Revised Statutes Title 12 Sec. 1801Partnership: 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 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. Probate: Proving a will Program: means the Maine Retirement Savings Program established in accordance with this chapter. See Maine Revised Statutes Title 5 Sec. 171 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Protocols: means procedures developed for the interaction of the suspected child abuse and neglect committee and family support team. See Maine Revised Statutes Title 22 Sec. 4092 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. 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 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 Retirement system: means the Maine Public Employees Retirement System established in section 17101. See Maine Revised Statutes Title 5 Sec. 171 Runaway: means an unmarried child under 18 years of age who is absent from the home of a parent or guardian or other lawful placement without the consent of the parent, guardian or lawful custodian. See Maine Revised Statutes Title 22 Sec. 4099-D Service of process: The service of writs or summonses to the appropriate party. Similar circumstances: means conditions that have an effect on a child comparable to abuse, neglect or abandonment, including, but not limited to, the death of a parent. See Maine Revised Statutes Title 22 Sec. 4099-I Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Subpoena duces tecum: A command to a witness to produce documents. Suspected child abuse and neglect committee: means a committee representing public and private community agencies, hospital departments and the department which are directly involved in providing services to suspected victims of child abuse and the victims' families. See Maine Revised Statutes Title 22 Sec. 4092 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 Sustained yield: means the achievement and maintenance in perpetuity of a high-level regular periodic output of the various renewable resources of the nonreserved public lands without impairing the productivity of the land. See Maine Revised Statutes Title 12 Sec. 1831 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. 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 User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services. Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72