Attachment | Size |
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Sample child protection affidavit66.18 KB | 66.18 KB |
Sample acknowledge receipt child protection petition63.18 KB | 63.18 KB |
Sample three party child protection petition100.46 KB | 100.46 KB |
Three-Person Child Protection Petition
What can you do when the Maine Department of Health and Human Services (DHHS) cannot or will not help a youth who is in danger of being harmed?
You can file a Three-Person Petition (also called a Three-Party Petition) in District Court. Under the Maine Child Protection laws, three or more people can file a Child Protection petition, asking the Court to order DHHS or a third party like a relative to take custody of and provide services to a youth. The Petition must contain certain basic information about the youth and the youth’s parents. It must also describe why the youth is at risk of harm. The Petition may be accompanied by an affidavit from each of the three people filing the petition.
The “Three Persons”
The three or more people needed to file a Child Protection Petition can be anybody 18 or older. The Petition must state the relationship each person has with the youth. They do not need to be relatives, professionals, or someone with a great deal of knowledge about the child. It can be a neighbor, a friend’s parent, a teacher, a coach, a shelter staff worker, a social worker, etc.
Writing the Petition
The Petition must include:
- the name, date, place of birth and town residence of the youth (if known);
- the name and address of each petitioner, and how each person knows the youth;
- the name and town residence of both parents (if known), and the custodian (person who has legal custody and power over the youth);
- a statement of facts for why the Petition is being filed;
- Briefly summarize why you are filing the Petition.
- Include affidavits describing specific examples that support each person’s belief that the child is in jeopardy and why court action is required (may be attached to the Petition).
- View a sample affidavit.
- Note: Affidavits must also be notarized.
- an allegation that is sufficient for court action;
- Child Protection proceedings focus on whether the child is in “jeopardy” (or at risk) of serious abuse or neglect. There are four categories of serious abuse or neglect. That means at least one of these four categories must be alleged:
- Serious harm or threat of serious harm (this means sexual abuse, sexual exploitation, serious injury or serious mental or emotional injury which now or in the future is likely to result in a serious mental, behavioral or personality disorder, such as severe anxiety, depression, or withdrawal, aggressive behavior, or serious developmental delay);
- Lack of adequate food, clothing, shelter, supervision or care (including health care), which causes a threat of serious harm;
- Abandonment of the child or failure to have someone be responsible for the child, creating a threat of serious harm; or
- Termination of voluntary placement by the parents, when the imminent return of the child to the custodian causes a threat of serious harm.
- Here is a sample allegation that could be put in a Petition: “Justin Youth is in jeopardy because there is no adult responsible for him. He is homeless and without adequate shelter, supervision or care. This causes a threat of serious harm.”
- Child Protection proceedings focus on whether the child is in “jeopardy” (or at risk) of serious abuse or neglect. There are four categories of serious abuse or neglect. That means at least one of these four categories must be alleged:
- a request for specific court action;
- The Court has the authority to Order several different types of relief:
- DHHS will supervise the child and family in the child’s home.
- Treatment services will be provided to the child and his family.
- Necessary emergency medical treatment will be provided to the child.
- The child (if 16) will be emancipated.
- Custody is awarded to DHHS or someone else.
- Contact between an abuser and the child is prohibited.
- Note: In your petition you will need to explain which of these actions you think the Court should take.
- The Court has the authority to Order several different types of relief:
- a statement that tells the parents and custodians they are entitled to a lawyer, and that if they want a lawyer but cannot afford one, they should contact the court as soon as possible to request one be appointed to them;
- a statement that the petition proceedings could lead to termination of parental rights under 22 MRSA §4051;
- a statement explaining the reasonable efforts that have been made to keep the children from having to be removed from their home;
- Describe any DHHS involvement or actions.
- Describe other support services in place for the child or children.
- Describe efforts to get additional supports or services in place for the children.
- the names of relatives who may be able to provide care for the child; and
- if the child has relatives who are members of an Indian Tribe, the names of those relatives.
View sample Petition here. The Petition must be “sworn.” This means that the statement above should be made and notarized by each of the 3 Petitioners.
Filing and Serving the Petition
File your Petition with District Court where the child is located or resides. When you file your petition, the court will schedule a hearing.
Once you file your Petition and get a hearing date, you must serve:
- An officer, director, or manager of the Maine DHHS,
- each parent,
- the custodians (person with legal custody and power over the child), if there are any, and
- the guardian ad litem for the child, if the child has one.
You may serve these parties by first class mail or by sheriff.
Service by mail
You can serve the Summons and Petition by first-class mail, but the person must “acknowledge service.” To serve by mail, you must send:
- Summons and Complaint. This is a form you buy from the Court clerk.
- A copy of the Summons, you keep the original.
- A copy of the Petition.
- A copy of any affidavits filed with the petition.
- A copy of the hearing notice, setting the date and time of the hearing.
- Two copies of an Acknowledgment Letter. See a sample here.
- A self-addressed stamped envelope for them to send this form back to you.
When you get back the signed acknowledgement forms, file them with the Court along with the original summons. This is how the Court knows that service on the necessary people was made so your case can move forward.
Service by Sheriff
If the person will not sign the form, then you must have them served by Sheriff. Take or mail to the Sheriff’s office:
- The original Summons.
- A copy of the Summons.
- A copy of the Petition.
- A copy of any affidavits filed with the petition.
- A copy of the hearing notice, setting the date and time of the hearing.
There will be a charge for this service. Tell the Sheriff’s Office where they can find the person(s) to be served. When the papers have been served, the Sheriff will send the original Summons back to you. File the Summons with the Court so the Court knows that service on the necessary people was made.
Timing of service
Service must be completed at least 10 days before the Court hearing is scheduled, unless there is a request for an emergency hearing. If you do not have service completed 10 days before the hearing you will need to ask the Court to reschedule the hearing for a later date.
Emergencies
Getting the initial Jeopardy Order (also called a Protective Order) can take a while, up to 120 days. This is because you must draft papers, file them with the court, get a hearing date, notify the other parties, and then wait for the hearing date. (See more details below.) If you have a true emergency and cannot wait for the Court to act, you may be allowed to temporarily bypass some of these steps by asking the court for a "Preliminary Protective Order." To get this type of emergency order, you must prove an immediate threat of harm to the youth. This will probably require a personal court appearance by at least one Petitioner and a DHHS representative, prior to the later court hearing on the Jeopardy Order. If your situation requires this type of immediate order, contact Kids Legal or an attorney to get additional instructions and advice.
Hearings
The Court will schedule a hearing. All three Petitioners must go to that hearing. The Petitioners will go first and should be prepared to testify and explain why the child is in jeopardy. It is up to the petitioners to prove the child is in jeopardy. They must prove this by “a preponderance of the evidence.” This means that it is more likely than not that the child is in jeopardy. If DHHS or the child’s parents do not agree that the child is in jeopardy, they will try to prove the child is not in jeopardy. The Court will then decide after hearing the evidence. Your testimony is evidence. The hearing must be held within 120 days of when you file the Petition.
If the Court finds the child is in jeopardy, it will issue an order which states what should happen. This is called a disposition. Each Petitioner should be prepared to testify about what should happen with the child. Possible options are:
- DHHS will supervise the child and family in the child’s home.
- Treatment services will be provided to the child and his family.
- Necessary emergency medical treatment will be provided to the child.
- The child (if 16) will be emancipated.
- Custody is awarded to DHHS or someone else.
- Contact between an abuser and the child is prohibited.
If DHHS does not support the Petition, you may want to get a lawyer.
Updated: April, 2024