Me. Rev. Stat. » Title 22
Maine Revised Statutes

Me. Rev. Stat. tit. 22, § 4032 (2026)

Child protection petition; petitioners; content; filing

✓ current as of May 2026
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1.  Who may petition.  Petitions may be brought by:  
A. The department through an authorized agent;   [PL 1979, c. 733, §18 (NEW).]
B. A police officer or sheriff; or   [PL 1979, c. 733, §18 (NEW).]
C. Three or more persons.   [PL 1979, c. 733, §18 (NEW).]
[PL 1979, c. 733, §18 (NEW).]
2.  Contents of petition.  A petition must be sworn and include at least the following:  
A. Name, date, place of birth and municipal residence, if known, of each child;   [PL 1979, c. 733, §18 (NEW).]
B. The name and address of the petitioner and the nature of the petitioner's relationship to the child;   [PL 2001, c. 696, §24 (AMD).]
C. Name and municipal residence, if known, of each parent and custodian;   [PL 1979, c. 733, §18 (NEW).]
C-1. The phone number and e‑mail address, if known, of each parent and custodian, unless the petitioner has reason to believe that disclosing the phone number or e‑mail address of the parent and custodian to another parent and custodian in the proceeding would create a safety risk or the petitioner has reason to believe that a parent and custodian has taken steps to avoid disclosing that parent's and custodian's phone number or e‑mail address to another parent and custodian in the proceeding.   [PL 2023, c. 151, §10 (NEW).]
D. A summary statement of the facts that the petitioner believes constitute the basis for the petition;   [PL 2001, c. 696, §24 (AMD).]
E. An allegation that is sufficient for court action;   [PL 2001, c. 696, §24 (AMD).]
F. A request for specific court action;   [PL 1979, c. 733, §18 (NEW).]
G. A statement that the parents and custodians are entitled to legal counsel in the proceedings and that, if they want an attorney but are unable to afford one, they should contact the court as soon as possible to request appointed counsel;   [PL 2001, c. 696, §24 (AMD).]
H. A statement that petition proceedings could lead to the termination of parental rights under section 4051 et seq.;   [PL 2001, c. 696, §24 (AMD).]
I. A statement explaining the specific reasonable efforts made to prevent the need to remove the child from the home or to resolve jeopardy;   [PL 2001, c. 696, §24 (NEW).]
J. The names of relatives who may be able to provide care for the child; and   [PL 2001, c. 696, §24 (NEW).]
K. The names of relatives who are members of an Indian tribe.   [PL 2001, c. 696, §24 (NEW).]
[PL 2023, c. 151, §10 (AMD).]
3.  Hearing date.  On the filing of a petition, the court shall set the earliest practicable time and date for a hearing.  
[PL 1979, c. 733, §18 (NEW).]
SECTION HISTORY
PL 1979, c. 733, §18 (NEW). PL 2001, c. 696, §24 (AMD). PL 2023, c. 151, §10 (AMD).
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Notes of Decisions
Cited in 78 cases (1 in the last 5 years), 1987–2021 · leading case: In Re Trever I., 2009 ME 59 (Me. 2009).
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In Re Trever I., 2009 ME 59 (Me. 2009). · cites it 2× “[¶ 14] Other than providing that a petition for child protection must include the names of relatives who are members of an Indian tribe, 22 M.R.S. § 4032(2)(K), State law does not indicate the extent of the Department’s burden to investigate beyond making inquiries of the family.”
In Re M.m, 2014 ME 15 (Me. 2014). · cites it 4× “[¶ 11] Section 4082, which allows a child protection petition to be brought by the Department, a law enforcement officer, or “three or more persons,” 22 M.R.S. § 4032(1)(B)-(C) (2018), contemplates that there may be situations where an officer, neighbors, friends, teachers, or…”
In re Emma B., 2017 ME 187 (Me. 2017). · cites it 2× “The same day, the Department commenced this child protection proceeding, 2 see 22 M.R.S. § 4032 (2016), and obtained a preliminary child protection order, see 22 M.”
San Francisco Human Servs. Agency v. Felicia C., 199 Cal. App. 4th 784 (Cal. Ct. App. 2011). “070 ; Me. Rev. Stat. tit. 22, § 4032; Md. Code Ann.”
In re Cameron Z., 2016 ME 162 (Me. 2016). “See 22 M.R.S. §§ 4032, 4034(1) (2015). 3 The De *807 partment alleged that the baby had effectively been abandoned at the hospital by the parents, and that the father’s six-year-old son from another relationship, D.”
In re Child of Radience K., 2019 ME 73 (Me. 2019). “2 [¶4] The Department became involved with the family again in February of 2016, when it petitioned the court for child protection and preliminary protection orders on behalf of the child, see 22 M.R.S. §§ 4032 - 4034, who was then six years old.”
In re Child of Nicholas P., 2019 ME 152 (Me. 2019). “1 See 22 M.R.S. § 4032 (2018). The Department did not initially seek a preliminary protection order2 but did so a month after filing its initial petition.”
In re D.P., 2013 ME 40 (Me. 2013). · cites it 2× “’s parents pursuant to 22 M.R.S. § 4032 (2012). The petition alleged that the parents placed D.”
In re Child. of Tiyonie R., 2019 ME 34 (Me. 2019). “1 See 22 M.R.S. § 4032 (2018). The court (O’Mara, J.”
In re Christopher S., 203 A.3d 808 (Me. 2019). “The petition alleged that between April of 2009 and January of 2016 the Department received many reports of concerns that the father had been physically and emotionally abusive and that the parents were not meeting the children's medical, educational, dental, and mental health…”
In re Tiyonie R., 203 A.3d 824 (Me. 2019). “1 See 22 M.R.S. § 4032 (2018). The court ( O'Mara, J.”
In Re Chelsea C., 2005 ME 105 (Me. 2005). · cites it 2× “[¶ 5] In August 2004, DHHS filed a petition for a child protection order pursuant to 22 M.R.S.A. §§ 4032(1)(A), 4035(2) (2004).”
Show all 78 citing cases →
— Me. Rev. Stat. tit. 22, § 4032(1) — 2 cases
In re Emma B., 2017 ME 187 (Me. 2017). “The same day, the Department commenced this child protection proceeding, 2 see 22 M.R.S. § 4032 (2016), and obtained a preliminary child protection order, see 22 M.”
In Re Erica B., 520 A.2d 342 (Me. 1987).
— Me. Rev. Stat. tit. 22, § 4032(1)(A) — 2 cases
In Re Chelsea C., 2005 ME 105 (Me. 2005). “[¶ 5] In August 2004, DHHS filed a petition for a child protection order pursuant to 22 M.R.S.A. §§ 4032(1)(A), 4035(2) (2004).”
In re N.W., 2013 ME 64 (Me. 2013).
— Me. Rev. Stat. tit. 22, § 4032(1)(B) — 1 case
In Re M.m, 2014 ME 15 (Me. 2014). “[¶ 11] Section 4082, which allows a child protection petition to be brought by the Department, a law enforcement officer, or “three or more persons,” 22 M.R.S. § 4032(1)(B)-(C) (2018), contemplates that there may be situations where an officer, neighbors, friends, teachers, or…”
— Me. Rev. Stat. tit. 22, § 4032(1)(C) — 4 cases
In Re M.m, 2014 ME 15 (Me. 2014). “[¶ 11] Section 4082, which allows a child protection petition to be brought by the Department, a law enforcement officer, or “three or more persons,” 22 M.R.S. § 4032(1)(B)-(C) (2018), contemplates that there may be situations where an officer, neighbors, friends, teachers, or…”
Philbrook v. Theriault, 2008 ME 152 (Me. 2008).
In re Child of Gustavus E., 2018 ME 43 (Me. 2018).
Charlton v. Smith (Me. Super. Ct 2000).
— Me. Rev. Stat. tit. 22, § 4032(2) — 1 case
In Re Ashley M., 2000 ME 120 (Me. 2000).
— Me. Rev. Stat. tit. 22, § 4032(2)(K) — 2 cases
In Re Trever I., 2009 ME 59 (Me. 2009). “[¶ 14] Other than providing that a petition for child protection must include the names of relatives who are members of an Indian tribe, 22 M.R.S. § 4032(2)(K), State law does not indicate the extent of the Department’s burden to investigate beyond making inquiries of the family.”
In re Child. of Michelle C., 2021 ME 61 (Me. 2021).
— Me. Rev. Stat. tit. 22, § 4032(3) — 1 case
In Re William S., 2000 ME 34 (Me. 2000).
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