Maine

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent parents in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: no

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Litigation

Key_development Question_mark

Right to counsel

The Supreme Judicial Court of Maine found a state constitutional right to counsel for indigent parents in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: no

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Abuse/Neglect/Dependency - Children

Legislation

Legislation: children in dependency cases

03/21/2017

This bill would have required appointment of counsel for a child in child protective proceedings who is living with a relative.

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Key_development Question_mark

Discretionary appointment of counsel

In abuse/neglect proceedings, the child or GAL may request appointment of counsel for the child.

Appointment of Counsel: discretionary Qualified: no

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

Maine has a right to counsel for minors seeking judicial approval for an abortion. However, current law no longer requires parental consent.

Appointment of Counsel: categorical Qualified: yes

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel in civil commitment proceedings.

Appointment of Counsel: categorical Qualified: no

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel in temporary guardianships, and also permanent guardianship proceedings where the ward contests the guardianship.

Appointment of Counsel: categorical Qualified: no

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Paternity - Defendant/Respondent

Litigation

Key_development Question_mark

Discretionary appointment of counsel

The Supreme Judicial Court of Maine has indicated that the constitutional right to counsel in paternity cases is on a case-by-case basis.

Appointment of Counsel: discretionary Qualified: no

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Paternity - Petitioner or Child

Legislation

Key_development Question_mark

Right to counsel

The court must appoint counsel for the child in certain paternity proceedings.

Appointment of Counsel: categorical Qualified: yes

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Quarantine/Inoculation

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for quarantine proceedings.

Appointment of Counsel: categorical Qualified: no

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Sexually Dangerous Persons - Commitment

Litigation

Key_development Question_mark

Right to counsel

A federal court identified a right to counsel in sexually dangerous person commitment cases. Maine, however, has no such procedure at this time.

Appointment of Counsel: categorical Qualified: yes

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Sterilization

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for sterilization proceedings.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Discretionary appointment of counsel

A court may appoint counsel for a child in a termination proceeding if requested.

Appointment of Counsel: discretionary Qualified: no

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Termination of Parental Rights (Private) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent parents in adoption proceedings.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

Indigent parents are entitled to appointment of counsel in termination of parental rights proceedings upon request.

Appointment of Counsel: categorical Qualified: no

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Litigation

Key_development Question_mark

Right to counsel

There is a right to counsel in state-initiated termination cases.

Appointment of Counsel: categorical Qualified: no

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Other Subject Areas

Legislation

Key_development Question_mark

Right to counsel - HIV test

There is a right to counsel where an individual is compelled to submit to an HIV test.

Appointment of Counsel: categorical Qualified: no

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