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

Me. Rev. Stat. tit. 22, § 4052 (2026)

Termination petition; petitioners; time filed; contents

✓ current as of May 2026
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1.  Petitioner.  A termination petition may be brought by the custodial parent of the child, by the parent or guardian of another parent of the child if that parent is a minor, by a person who has filed a petition to adopt the child pursuant to Title 18‑C, Article 9 or by the department. If the petitioner is a parent of the child or a parent or guardian of another parent of the child if that parent is a minor, the court shall follow the requirements of Title 19‑A, section 1658. If the petitioner is also petitioning to adopt the child, the court shall follow the requirements of Title 18‑C, section 9‑204.  
[PL 2021, c. 340, §3 (AMD).]
2.  Time filed. 
[PL 1997, c. 715, Pt. B, §13 (RP).]
2-A.  Department as petitioner or as party.  The department shall file a termination petition or seek to be joined as a party to any pending petition:  
A. When a child has been in foster care for 15 of the most recent 22 months. The department must file the petition before the end of the child's 15th month in foster care. In calculating when to file a termination petition:  
(1) The time the child has been in foster care begins when the child is considered to have entered foster care as specified in section 4038‑B, subsection 1, paragraph B;  
(2) When a child experiences multiple exits from and entries into foster care during the 22-month period, all periods in foster care must be accumulated; and  
(3) The time in foster care does not include trial home visits or times during which the child is a runaway.  
This paragraph does not apply if the department is required to undertake reunification efforts and the department has not provided to the family of the child such services as the court determines to be necessary for the safe return of the child to the child's home consistent with the time period in the case plan;   [PL 2005, c. 372, §7 (AMD).]
B. Within 60 days of a court order that includes a finding of an aggravating factor and an order to cease reunification; or   [PL 2003, c. 408, §7 (AMD).]
C. Within 60 days of a court finding that the child has been abandoned.   [PL 2003, c. 408, §7 (NEW).]
The department is not required to file a termination petition if the department has chosen to have the child cared for by a relative or the department has documented to the court a compelling reason for determining that filing such a petition would not be in the best interests of the child.  
[PL 2005, c. 372, §7 (AMD).]
3.  Contents of petition.  A termination petition must be sworn and must include at least the following:  
A. The name, date and place of birth and municipal residence, if known, of the 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 2021, c. 340, §4 (AMD).]
C. The name and municipal residence, if known, of each of the child's parents;   [PL 1979, c. 733, §18 (NEW).]
D. The names and address of the guardian ad litem of the child in any related child protection proceeding, parental rights and responsibilities proceeding or adoption proceeding;   [PL 2021, c. 340, §4 (AMD).]
E. A summary statement of the facts that the petitioner believes constitute the basis for the request for termination;   [PL 2021, c. 340, §4 (AMD).]
F. An allegation that is sufficient for termination;   [PL 2021, c. 340, §4 (AMD).]
G. A statement of the effects of a termination order; and   [PL 1979, c. 733, §18 (NEW).]
H. A statement that the parents are entitled to legal counsel in the termination proceedings and that, if they want an attorney and are unable to afford one, they should contact the court as soon as possible to request appointed counsel.   [PL 1979, c. 733, §18 (NEW).]
[PL 2021, c. 340, §4 (AMD).]
4.  Hearing date.  On the filing of a petition, the court shall set a time and date for a hearing.  
[PL 1979, c. 733, §18 (NEW).]
SECTION HISTORY
PL 1979, c. 733, §18 (NEW). PL 1981, c. 369, §14 (AMD). PL 1983, c. 249, §1 (AMD). PL 1995, c. 694, §D47 (AMD). PL 1995, c. 694, §E2 (AFF). PL 1997, c. 475, §§7,8 (AMD). PL 1997, c. 475, §11 (AFF). PL 1997, c. 715, §§B12-14 (AMD). PL 2003, c. 408, §7 (AMD). PL 2005, c. 372, §7 (AMD). PL 2021, c. 340, §§3, 4 (AMD).
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Notes of Decisions
Cited in 76 cases (2 in the last 5 years), 1983–2026 · leading case: In re Evelyn A., 2017 ME 182 (Me. 2017).
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In re Evelyn A., 2017 ME 182 (Me. 2017). · cites it 2× “, 22 M.R.S. § 4052(2-A) (2016) (providing deadlines for the Department to file termination petitions).”
In re D.P., 2013 ME 40 (Me. 2013). · cites it 4× “” On March 13, the mother filed a petition to terminate her own parental rights without a jeopardy hearing, contending that 22 M.R.S. § 4052 (2012) authorized her to do so, and that she had a constitutional right to unilaterally terminate her own parental rights.”
In Re Michaela C., 2002 ME 159 (Me. 2002). · cites it 2× “22 M.R.S.A. § 4052(2-A) (Supp.2001) (providing that Department need not file termination petition if it "has chosen to have the child cared for by a relative"); the paternal grandmother could be granted custody of Michaela, see section 4036(1)(F) (1992); In re David W.”
In Re Jamara R., 2005 ME 45 (Me. 2005). · cites it 2× “22 M.R.S.A. § 4052(2-A)(A) (2004). 8 This brief time period is designed to meet a child’s needs for a permanent family.”
In re Cameron Z., 2016 ME 162 (Me. 2016). “See 22 M.R.S. § 4052 (2015). The mother consented to the termination of her parental rights; the father did not.”
In re Child. of Christopher S., 2019 ME 31 (Me. 2019). “See 22 M.R.S. § 4052 (2018). In August of 2018, the court held a hearing on the petition, where the mother, two departmental caseworkers, and the paternal grandmother testified.”
In re Christopher S., 203 A.3d 808 (Me. 2019). “See 22 M.R.S. § 4052 (2018). In August of 2018, the court held a hearing on the petition, where the mother, two departmental caseworkers, and the paternal grandmother testified.”
In re Tiyonie R., 203 A.3d 824 (Me. 2019). “See 22 M.R.S. § 4052 (2018). After a testimonial hearing, the court ( Nelson, J.”
In re Child of Gustavus E., 2018 ME 43 (Me. 2018). · cites it 3× “See 22 M.R.S. § 4052(1) (2017). 2 In April 2017, the court held a hearing on all pending matters: the petition for child protection; the petition to terminate the father's parental rights; and the Department's motion to cease reunification with the father.”
In re Child of Domenick B., 2018 ME 158 (Me. 2018). “Among other things, for a successful reunification, the jeopardy order required the father to participate in a substance abuse evaluation and individual therapy to address childhood trauma and anger issues, participate in random drug screening, and refrain from using any…”
In re Domenick B., 197 A.3d 1076 (Me. 2018). “Among other things, for a successful reunification, the jeopardy order required the father to participate in a substance abuse evaluation and individual therapy to address childhood trauma and anger issues, participate in random drug screening, and refrain from using any…”
In Re Sabrina M., 460 A.2d 1009 (Me. 1983). “Parental rights can be terminated only in a proceeding brought pursuant to 22 M.R.S.A. §§ 4051-4057 or “as part of an adoption proceeding as provided in Title 19, chapter 9, when a child protective proceeding has not been initiated.”
Show all 76 citing cases →
— Me. Rev. Stat. tit. 22, § 4052(1) — 6 cases
In re D.P., 2013 ME 40 (Me. 2013). “” On March 13, the mother filed a petition to terminate her own parental rights without a jeopardy hearing, contending that 22 M.R.S. § 4052 (2012) authorized her to do so, and that she had a constitutional right to unilaterally terminate her own parental rights.”
In re Child of Gustavus E., 2018 ME 43 (Me. 2018). “See 22 M.R.S. § 4052(1) (2017). 2 In April 2017, the court held a hearing on all pending matters: the petition for child protection; the petition to terminate the father's parental rights; and the Department's motion to cease reunification with the father.”
In re Austin T., 898 A.2d 946 (Me. 2006).
In re Child of Scott A., 2019 ME 123 (Me. 2019).
Gluse v. Dennison, 462 A.2d 32 (Me. 1983).
— Me. Rev. Stat. tit. 22, § 4052(2) — 3 cases
In Re Sabrina M., 460 A.2d 1009 (Me. 1983). “Parental rights can be terminated only in a proceeding brought pursuant to 22 M.R.S.A. §§ 4051-4057 or “as part of an adoption proceeding as provided in Title 19, chapter 9, when a child protective proceeding has not been initiated.”
In Re Denise M., 670 A.2d 390 (Me. 1996).
In re Jeremiah Y., 804 A.2d 357 (Me. 2002).
— Me. Rev. Stat. tit. 22, § 4052(3)(H) — 1 case
In re Carolyn S. S., 498 A.2d 1095 (Del. 1984).
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