34-B M.R.S. § 7013 Hearing Upon a Petition to Determine the Best Interest of a Person Being Considered For Sterilization

• Library: Maine Revised Statutes
• Edition: 2023
• Currency: Current through 131st (2023-2024) Legislature Chapter 486
• Year: 2023
• Citation: 34-B M.R.S. § 7013

1.Ability to give or withhold informed consent. In all instances where the issue of whether sterilization is in the best interest of a person is to be considered, a prior determination, as required by section 7008, that the person cannot give or withhold informed consent shall be required.

[ 1983, c. 459, § 7 (NEW) .]

2.Presence of person; counsel; findings. The person being considered for sterilization must be physically present throughout the entire best interest hearing, unless that right is waived by the person, personally or through the person's attorney, and that waiver is approved by the court. The person being considered for sterilization must be represented by counsel and provided the right and opportunity to be confronted with and to cross-examine all witnesses. The right to counsel may not be waived. If the person cannot afford counsel, the court shall appoint an attorney, not less than 20 days before the scheduled hearing, to represent the person at public expense. A reasonable fee must be set for appointed counsel by the District Court. Counsel shall represent the person being considered for sterilization in assuring that information and evidence in opposition to sterilization without informed consent is fully represented. All stages of the hearing must be recorded by a tape recorder or a court reporter, as the court may direct. In all cases, the court shall issue written findings to support its decision.

[ 1983, c. 459, § 7 (NEW) .]

3.Disinterested experts; evidence. The court shall hear the petition to determine whether sterilization is in the best interest of the person being considered for sterilization. The court shall appoint not less than 3 disinterested experts with experience related to the condition of the person as alleged in the petition, including at least one physician and one licensed psychologist or psychiatrist, to examine the person and to testify at the hearing. The court shall hear and consider evidence on the following:

A. All issues raised by the petition executed under section 7011; and [ 1983, c. 459, § 7 (NEW) .]

B. The beneficial or detrimental psychological and physiological effects of sterilization on the person being considered for sterilization. [ 1983, c. 459, § 7 (NEW) .]