Maine
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Categorical
Abuse/Neglect/Dependency - Accused Parents
Legislation
Key Development
Right to counsel
There is a right to counsel for indigent parents in abuse/neglect and termination cases.
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Litigation
Key Development
Right to counsel
The Supreme Judicial Court of Maine found a state constitutional right to counsel for indigent parents in abuse/neglect cases.
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Discretionary
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for a child in an abuse or TPR proceeding if requested and for an Indian child if in the child's best interest.
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Key Development
March 21, 2017
Legislation: children in dependency cases
This bill would require appointment of counsel for a child in child protective proceedings who is living with a relative.
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No Such Proceeding
Adult Protective Proceedings - Protected Person
Legislation
No such proceeding
Services must be provided by consent, but the department may pursue action through the Probate Code in certain situations.
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Qualified
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
Key Development
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.
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
There is a right to counsel in civil commitment proceedings.
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Doesn't Affect
Custody Disputes - Children
Legislation
Discretionary appointment of GAL who need not be an attorney
The court may appoint a guardian ad litem for the child in custody matters, but the GAL need not be an attorney.
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Qualified
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Right to counsel
There is a right to counsel for adults upon request or if the adult contests, at least in plenary guardianship and conservatorship matters.
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Key Development
October 20, 2024
Report finds counsel infrequently appointed in guardianship cases despite RTC
A report by Disability Rights Maine found 75% of guardianship respondents lacked counsel despite a state right to counsel law.
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Qualified
Guardianship/Conservatorship of Children - Child (incomplete)
Legislation
Key Development
Right to counsel
In other protective arrangements and in most conservatorship matters, the court must appoint counsel if the minor requests counsel or contests.
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Qualified
Guardianship/Conservatorship of Children - Parent or Guardian
Legislation
Key Development
Right to counsel
Indigent nonconsenting parents have the right to counsel in guardianship matters, as do objecting parents in other protective arrangement cases.
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Qualified
Incarceration for Fees/Fines (incomplete)
Litigation
Key Development
Right to counsel
A federal district court recognized a right to counsel in Maine proceedings for incarceration for failure to pay fees/fines.
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Categorical
Involuntary Medical Treatment (incomplete)
Legislation
Key Development
Right to counsel - HIV test
There is a right to counsel where an individual is compelled to submit to an HIV test.
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Qualified
Other subject area
Legislation
Key Development
Right to counsel - gun restrictions
A statute permits a court to appoint counsel for a person subject to gun restrictions in certain circumstances.
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Discretionary
Parentage - Defendant/Respondent
Litigation
Key Development
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.
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Qualified
Parentage - Petitioner or Child
Legislation
Key Development
Right to counsel
The court must appoint counsel for the child in certain paternity proceedings.
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Qualified
Quarantine/Isolation
Legislation
Key Development
Right to counsel
There is a right to counsel for the subject of a petition to impose a public health measure, except in an extreme public health emergency.
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No Such Proceeding
Sexually Dangerous Persons - Commitment
Legislation
No such proceeding
There is no procedure in the state for confinement of a sexually dangerous/violent person.
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Categorical
Sterilization
Legislation
Key Development
Right to counsel
There is a right to counsel for the indigent subject of a sterilization petition.
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Categorical
Termination of Parental Rights (Private) - Birth Parents
Legislation
Key Development
Right to counsel
There is a right to counsel for indigent parents in adoption proceedings.
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Categorical
Termination of Parental Rights (State) - Birth Parents
Discretionary
Termination of Parental Rights (State) - Children
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for a child in an abuse or TPR proceeding if requested and for an Indian child if in the child's best interest.
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No Such Proceeding
Truancy - Petition Against Child
Legislation
No such proceeding
In Maine, truancy matters are handled outside of court, except potentially against the parent.
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Debtor’s Prison / Financial
Education
Family Law
Health
Qualified