Maine Revised Statutes

Me. Rev. Stat. tit. 22, § 4053 (2026)

Service and notice

✓ current as of May 2026

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The petition and the notice of hearing must be served on the parents and the guardian ad litem for the child at least 10 days prior to the hearing date. Service must be made in accordance with the District Court Civil Rules. The department shall provide written notice of all reviews and hearings in advance of the proceeding to foster parents, preadoptive parents and relatives providing care. The notice must be dated and signed, must include a statement that foster parents, preadoptive parents and relatives providing care are entitled to notice of and an opportunity to be heard in any review or hearing held with respect to the child and must contain the following language:

"The right to be heard includes only the right to testify and does not include the right to present other witnesses or evidence, to attend any other portion of the review or hearing or to have access to pleadings or records."

[PL 1997, c. 715, Pt. B, §15 (AMD).]

A copy of the notice must be filed with the court prior to the review or hearing. The department shall mail a copy of the petition to all attorneys of record when the petition is filed in court. [PL 1997, c. 715, Pt. B, §15 (NEW).]

SECTION HISTORY

PL 1979, c. 733, §18 (NEW). PL 1997, c. 715, §B15 (AMD).

Notes of Decisions

Cited in 11 cases (2 in the last 5 years), 1999–2021 · leading case: Jb v. Fla. Dept. of Child. & Fam. Servs., 768 So. 2d 1060 (Fla. 2000).

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Jb v. Fla. Dept. of Child. & Fam. Servs., 768 So. 2d 1060 (Fla. 2000). “1021 (West 1998) (at least five days' notice); Me.Rev.Stat. Ann. tit. 22 § 4053 (West 1998) (10 days); Mich.”

In re Child of Tanya C., 2018 ME 153 (Me. 2018). “6 See 22 M.R.S. § 4053 (2017). The notice she received 6 Counsel for the mother argues that proof of service was not filed with the court until January 18, 2018, and did not include an affidavit as required by M.”

In Re Matthew W., 2006 ME 67 (Me. 2006). “2d at 632 ; see also 22 M.R.S. §§ 4053, 4054, 4055(1) (2005). Because entry of a preliminary child protection order or jeopardy order infringes upon the parents’ fundamental rights rather than terminates them, such an order may be entered based upon a preponderance of the…”

Adoption of Riahleigh M.Adoption of MyAnnah D., 2019 ME 24 (Me. 2019). “§ 9-204(b) ; 22 M.R.S. §§ 4053, 4054, 4055 (2017). 12 The fathers also received the benefit of counsel, appointed by the court and paid for, at least in part, by Cumberland County.”

In re Tanya C., 198 A.3d 777 (Me. 2018). · cites it 2× “" The petition warned that a failure to appear at the "hearing or court conferences regarding this matter may be determined to indicate an intent to abandon the child[ ] .”

In re Child. of Kacee S., 2021 ME 36 (Me. 2021). “The mother was served in hand with notice pursuant to 22 M.R.S. § 4053 (2021) that the Department had filed the petition, but the notice did not contain the date of the termination hearing.”

In re Child of Haley L., 2019 ME 108 (Me. 2019). · cites it 5× “See 22 M.R.S. § 4053 (2018). On May 25, 2018, the court entered an order that provided notice of a trial management conference to be held on September 4, 2018, and of a trial to be on the trailing docket that would run from September 6 to 15, 2018.”

In re Austin T., 898 A.2d 946 (Me. 2006). “See 22 M.R.S. § 4053 (2005) (requiring service and notice); 22 M.”

JB v. Dep't of Child. & Fam. Servs., 734 So. 2d 498 (Fla. 1st DCA 1999). “1021 (West 1998) (at least 5 days' notice); Me.Rev.Stat. Ann. tit. 22 § 4053 (West 1998) (10 days); Mich.”

In Re Priscilla D., 2010 ME 103 (Me. 2010). “” 22 M.R.S. § 4053 (2009). [¶ 16] To preserve a contention of insufficient or defective service in most formal probate proceedings, it must be raised in a responsive pleading or by motion.”

In re Child. of Kacee S., 2021 ME 36 (Me. 2021). “The mother was served in hand with notice pursuant to 22 M.R.S. § 4053 (2021) that the Department had filed the petition, but the notice did not contain the date of the termination hearing.”

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