Rule 128.Petitions to Terminate Parental Rights Under Title 19-A

Adopted October 1, 2021 · Last verified July 8, 2026

In one sentenceRule 128 sets the filing, completeness, service, and response requirements for a petition to terminate parental rights under 19-A M.R.S. § 1658, requires the Maine Commission on Indigent Legal Services to pay for appointed counsel and the court to pay for a guardian ad litem, requires an abstract of any order granting the petition, closes the proceedings and records to the public absent a compelling-interest showing, and requires every hearing to be recorded.

Full Text of Rule 128

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g)

(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.

End

Advisory Committee’s Notes & Reporter’s Notes

Advisory Note – October 2021

Rule 128 of the Maine Rules of Civil Procedure establishes procedures for petitions to terminate parental rights filed pursuant to 19-A M.R.S. § 1658. See P.L. 2021, ch. 340, § 2 (effective Oct. 18, 2021). Last reviewed and edited October 7, 2021

Plain-English Summary

A petition to terminate parental rights in a family matter proceeds under 19-A M.R.S. § 1658; a petition filed under section 1658(2)(C) must attach the final parental-rights order. A petition that doesn't meet section 1658(1-A)'s requirements is incomplete, and the court gives the petitioner 21 days from the date of that filing to complete it; after that period runs, the court dismisses without a hearing any petition that still doesn't meet those requirements and notifies the petitioner. Once the court lets the petition proceed, it schedules an initial status conference, and the petitioner serves the petition, supporting affidavit, and conference notice on the respondent parent at least 10 days before that conference, following Rule 103. A party who wants to respond must file a written response within 21 days of service and serve it on every party; skipping a written response doesn't bar appearing at the hearing and responding there.

The Maine Commission on Indigent Legal Services pays for counsel appointed under section 1658(2-A), and the court pays for a guardian ad litem appointed under that section, though the court may shift that payment responsibility to the parties at the final hearing, never to a party found indigent. If the court grants the petition, it issues an abstract of the termination order on the court-approved form. All proceedings and records are closed to the public unless the court orders otherwise; someone seeking access must file a motion and a sworn affidavit stating specific facts showing the records' relevance to their participation in a pending case, and that motion and any response stay sealed until the court says otherwise. The court grants access only on a preponderance-of-the-evidence showing of a compelling interest, and even then may limit access to counsel of record, require notice and a chance to respond, review and redact records, or restrict further distribution. Every hearing on a termination petition is recorded.

Frequently Asked Questions

What happens if a Maine termination-of-parental-rights petition is incomplete?

The court notifies the petitioner, who has 21 days to complete the filing; after that, the court dismisses without a hearing any petition that still doesn't meet 19-A M.R.S. § 1658(1-A)'s requirements.

Who pays for appointed counsel and a guardian ad litem in a termination proceeding?

The Maine Commission on Indigent Legal Services pays for appointed counsel, and the court pays for the guardian ad litem, though it may later shift that cost to the parties, except a party found indigent.

Are termination-of-parental-rights records public in Maine?

No. They're closed unless the court orders otherwise, and access requires a sworn motion showing a compelling interest by a preponderance of the evidence.

Source & verification. The rule text and Advisory Committee’s Notes / Reporter’s Notes are reproduced verbatim from the official Maine Rules of Civil Procedure (Me. R. Civ. P. 128), prescribed by the Supreme Judicial Court of Maine (4 M.R.S. § 8, the Rules Enabling Act). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

Also known as: terminate parental rights petition MaineTPR family matter Rule 128closed records termination parental rights