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INFORMATION FOR MAINE
LEGAL RELATIONSHIPS
If you are taking care of your relative's child, what rights do you have? What if the parent of the child decides that he or she wants to take the child back? While you are taking care of the child, what decisions can you make about schooling or about medical care? Your rights to have the child and your rights to make decisions for the child depend on the legal relationship that you establish.
The basic starting point under Maine law is that parents are the natural guardians of their minor children. This means that, unless there is a change in the legal relationship, only parents can get medical and educational services for the child and only parents decide where the child can live. This section describes possible changes in the legal relationship.
POWER OF ATTORNEY
Power of attorney is a short-term arrangement you can do without going to court. Power of attorney alone will not allow you to register the child in a school district different from where the parent resides.
Maine law allows a parent to give you power of attorney for a child. Power of attorney will give you practically all the power regarding care and custody of the child. The power of attorney is a written statement from the parent that lets you act as the parent for things such as medical care. Sample forms are available at Maine Kids-Kin. It only lasts for six months, though, so if you want it to last longer, the parent will need to sign a new statement at the end of that time. The power of attorney needs to be signed before a notary public or attorney. The parent can take back the power of attorney at any time.
GUARDIANSHIP
Guardianship can
give your relationship with your child more stability. Guardianship gives
you basically all of the legal rights and responsibilities of a parent
of a minor child. To get guardianship, you petition (ask) the Probate
Court of the county in Maine where the child lives or is present. Typically,
the Probate Court judge grants guardianship with the consent of the the
parents. If the parents do not consent to guardianship, the judge can
still grant guardianship if the judge finds that the living situation
with the parent is intolerable for the child. In order to change guardianship
back to the parents, the parents would need to petition the Probate Court
again.
The Probate Court also has the flexibility to grant a limited guardianship. This allows you to write into the guardianship specific rules so that, for example, the child lives with you, but the parent keeps the right to make decisions about schooling, or keeps visitation rights. You may want the court to order child support payments at the same time that guardianship is granted.
You can also become a guardian if the parent appointed you as the guradian in the parent's will.
If you have guardianship, you will need to provide the court with an annual update regarding the child.
In the fall of 2005, District Court judges will be able to appoint a permanent guardian for children in DHHS custody. This means a relative may be appointed permanent guardian for the child with the rights and responsibilities similiar to guardianship through Probate Court. In 2006, DHHS may provide a subsidy for some children in permanent guardianship. This is made possible under a new law.
ADOPTION
Adoption is a permanent
decision whereby you become the child's legal parent with all the same
rights and responsibilities as any parent.
When can I adopt?
There is a step before
adoption when the court terminates the birth parents' rights. The parents
may voluntarily give up their rights in court or the judge may terminate
parental rights. Once the court has terminated the parents' rights, you
may petition for adoption.
What is a homestudy?
The adoption may
require a homestudy. This means a caseworker will extensively interview
you, other family members, and references that you provide to the caseworker.
The caseworker will tour your home. After the caseworker has gathered
all the information, she or he will recommend whether the adoption is
appropriate for the child.
I want to adopt, but I am
worried that I can not afford it.
If the child is in
DHHS custody at the time of the adoption, the child may be eligible for
adoption assistance. Adoption assistance may include Medicaid health insurance
for the child, a monthly subsidy, and/or financial assistance for adoption
expenses. The amount of monthly subsidy depends on the special needs of
the child. To find out about adoption assistance, call the child's adoption
worker.
For general information about adoption, call Maine Kids-Kin at 1-866-298-0896 or e-mail info@mainekids-kin.org.
OTHER LEGAL ISSUES
You may gain some
stability in the context of a divorce, a protection from abuse order,
or other court case in which the District or Superior Court decides who
gets custody of a child. If the court decides that placing the child with
either parent will put the child in jeopardy, the court can award custody
to a third party.
There is also a special part of Maine law that allows grandparents to petition the District or Superior Court where the child lives for visitation rights. If the grandparents have established a relationship with the child (or have tried to establish one), or if one of the child's parents has died, the court can grant visitation rights to grandparents if that is in the best interests of the child.
Taking care of children may change your interest in or eligibility for government assistance. You can check the website of Pine Tree Legal Assistance for more information about eligibility go to www.ptla.org and click on "legal help" from the menu across the page.
You will also find substantial information about legal issues at www.helpmelaw.org.
LEGAL ASSISTANCE
You can petition
the court or seek power of attorney without a lawyer, but the assistance
of a lawyer could be a great help. A lawyer should be able to help you
understand the range of possible agreements under guardianship or power
of attorney. He or she can tell you the possible results of taking legal
action or not taking action. If you are going to court, the attorney can
guide you through the court system and tell you what the judge will be
looking for in order to make a decision.
There is legal assistance for some low income children and adults. You can access these services by calling Maine Kids-Kin at 1-866-298-0896. For families who are caring for children who have been affected by substance abuse or HIV, Maine Kids-Kin will make a referral to the Maine Volunteer Lawyers Project, which can provide educational materials and may be able to provide an attorney for consultation or representation.
Through the Maine Bar Association
(1-800-860-1460), you can 
obtain
a low cost referral and initial half hour appointment. Even if approached
directly, many lawyers offer a free or low cost initial consultation.
Maine Kids-Kin manintains a list of attorneys who provide services
to relatives raising relative's children.
If you are shopping for a lawyer, be sure to ask the following questions:
-Has the attorney had experience with these
types of cases?
- What is the hourly rate?
-What are the things you can do on your own
to reduce the fee?
KIDS Legal Aid of Maine is a new statewide project within Pine Tree Legal Assistance. KIDS specializes in providing legal services addressing the needs of low-income Maine
children. They provide direct representation, consultations and group trainings in areas of education, housing, public benefits and family law matters. Contact Maine Kids-Kinat 1-866-298-0896 for a referral, or your local Pine Tree Legal office directly by phone or at www.kidslegalaid.org.
Pine Tree Legal Assistance Local Offices:
Augusta 622-4731 Machias 255-8656
Bangor 942-8241 Presque Isle 764-4349
Lewiston 784-1558
