M.R. Civ. P. 128

(a) Petition. Petitions to terminate parental rights in a family matter

may be filed pursuant to 19-A M.R.S. § 1658. If the petition is filed under

19-A M.R.S. § 1658(2)(C), the petitioner shall attach the final order of parental

rights and responsibilities. If a petition is filed that does not comply with 19-A

M.R.S. § 1658(1-A), the filing is incomplete. The court shall notify the petitioner

that the filing is incomplete and that the petitioner has 21 days from the date of

the incomplete filing to complete the filing. After the 21 days to complete the

filing have expired, the court shall dismiss without hearing any petition that

does meet all of the requirements in 19-A M.R.S. § 1658(1-A). The court shall

send notice of the dismissal to all parties.

(b) Service. Once the court determines the petition may proceed, the

court shall schedule an initial status conference. The petitioner shall then serve

the petition, accompanying affidavit, and notice of status conference on the

respondent parent(s) at least 10 days before the date of the initial status

conference. Service must be made in accordance with Rule 103.

(c) Response. A party who intends to respond to a petition to terminate

parental rights must file a response within 21 days after being served and shall

serve the response on all parties to the proceeding. If the responding party

does not file a written response, the responding party may still appear at the

hearing and respond to the petition.

(d) Payment of Counsel and Guardian ad Litem.

(1) Payment of Counsel. The Maine Commission on Indigent Legal

Services shall pay for the services of an attorney appointed under

19-A M.R.S. § 1658(2-A).

(2) Payment of Guardian ad Litem. The court shall pay for the services of

a guardian ad litem appointed under 19-A M.R.S. § 1658(2-A). The court

may reallocate the responsibility for payment to the parties at the final

hearing, but the court shall not allocate responsibility for payment to any

party found to be indigent.

(e) Abstract of Order on Petition to Terminate Parental Rights. If the

court issues a judgment granting the petition to terminate parental rights, the

court shall issue an abstract of the termination of parental rights order (form

FM-267 Abstract of Order Terminating Parental Rights and Responsibilities)

for the parties.

(f) Closed Proceedings and Records. All proceedings and records

subject to this subsection shall be closed to the public, unless the court orders

otherwise. Requests for access to closed records under this subsection shall be

made as follows, unless otherwise ordered by the court:

(1) The person seeking access shall file a motion for access with an

affidavit alleging under oath specific facts explaining how the records are

relevant to the party’s participation in a pending case. The motion for

access and affidavit shall be filed in the pending case to which the records

are claimed relevant.

(2) Motions for access and responses shall be sealed from public access

until the court orders otherwise.

(3) The court shall grant access to records in a termination of parental

rights case only if it finds that the movant has shown, by a preponderance

of the evidence, that there is a compelling interest in access to these

records. If the court allows access, it may impose reasonable conditions

to protect the privacy interests at issue, including limiting access to

counsel of record, providing the parties in the termination of parental

rights case notice and the opportunity to respond to the request,

reviewing and redacting records, and imposing restrictions on further

dissemination of the records

(g) Recording. All hearings held in any case involving a petition for

termination of parental rights shall be recorded.