An Act To Establish Accountability in Out-of-home Abuse and Neglect Investigations
Maine Legislature, Session 121, LD 1314
Committee: Health and Human Services
Sponsors: KANE, BRENNAN, BULL, CRAVEN, EARLE, LA VERRIERE-BOUCHER, WALCOTT
Amends: 22 MRSA §4004, 22 MRSA §7704

Legislative Document 
No. 1314 
H.P.968 
House of Representati ves, March 11, 2003 
An Act To Establish Accountability in Out-of-home Abuse and 
Neglect Investigations 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative KANE of Saco. 
Cosponsored by Senator BRENNAN of Cumberland and 
'7J~1?1.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BULL of Freeport, CRAVEN of Lewiston, EARLE of Damariscotta, 
LA VERRIERE-BOUCHER of Biddeford, WALCOTT of Lewiston. 
PrinreJ lln recycled paper 
I 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §4004, sub-§I, as amended by PL 2001, c. II, 
§4, is further amended to read: 
1. 
General. 
The department may take appropriate action, 
consistent with available funding, that will help prevent child 
abuse and neglect and achieve the goals of section 4003 
and 
sQSeha~Ee~-X±-A section 1704, including: 
A. 
Developing and providing services whieh that: 
(1) 
Support and reinforce parental care of children; 
(2) 
Supplement that care; and 
(3) 
When necessary, substitute for parental care of 
children; 
B. 
Encouraging 
the 
voluntary 
use 
of 
these 
and 
other 
services by families and children who may need them; 
C. 
Cooperating 
and 
coordinating 
with 
other 
agencies, 
facilities or persons providing related services to families 
and children; 
D. 
Establishing and maintaining a Child Protective Services 
Contingency Fund to provide temporary assistance to families 
to help them provide proper care for their children; and 
E. 
Establishing a child death and serious injury review 
panel 
for 
reviewing 
deaths 
and 
serious 
injuries 
to 
children. 
The panel consists of the following members: the 
Chief Medical 
Examiner, 
a 
pediatrician, 
a 
public health 
nurse, forensic and community mental health clinicians, law 
enforcement 
officers, 
departmental 
child 
welfare 
staff, 
district attorneys and criminal or civil assistant attorneys 
general. 
The purpose of the panel is to recommend to state and local 
agencies methods of improving the child protection system, 
including modifications of statutes, 
rules, 
policies and 
procedures. 
Sec. 2. 22 MRSA §4004, sub-§2, ~B, as amended by PL 1991, c. 
824, Pt. A, §45, is further amended to read: 
B. 
Promptly investigate all abuse and neglect cases coming 
to its attention or in the case of out-of-home abuse and 
neglect 
investigations, 
the 
department 
shall 
accordance with SQgeaapte~-XI-A section 7704; 
act 
Sec.3. 22 MRSA c.I071, sub-c. II-A, as amended, is repealed. 
Sec. 4. 22 MRSA §7704 is enacted to read: 
in 
§7704. 
Investigation of out-of-home abuse and neg1ect 
L 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"Abuse or neglect by an individual" means that which 
occurs when an agency employee, an individual licensee or a 
person who resides in or frequents a facility or program for 
children commits abuse or neglect of a child or children 
attending the facility or program. 
B. 
"Division" means the Division of Child Care Licensing. 
C. 
"Institutional abuse" means that which occurs whenever a 
child suffers harm or threat of harm while in the care of an 
agency 
or 
individual 
licensee 
who, 
by 
the 
agency's 
or 
licensee's 
actions, 
participates 
in or 
knowingly 
allows 
practices that cause harm to children. 
D. 
"Institutional neglect" means that which occurs whenever 
a child or children suffers harm or threat of harm while in 
the care of an agency or individual licensee who, by the 
agency's or licensee's inaction, fails to act responsibly to 
prevent harm or threat of harm to a child or children. 
F. 
"Investigations unit" means the out-of-home abuse and 
neglect investigations unit staff within the division. 
G. 
"License" has the same definition as in Title 5, section 
8002 and includes approval and certification. 
H. 
"Out-of -home abuse and neglect" means abuse and neglect 
of a child that occurs in a facility or by a person subject 
to licensure or inspection by the department, the Department 
of 
Education, 
the 
Department 
of 
Corrections 
or 
the 
Department of Behavioral and Developmental Services or in a 
facility operated by those departments. 
2. 
App1icabi1ity of other definitions. 
Any term defined or 
used in section 4002; chapter 1071, subchapter 2; section 4021; 
or chapter 1153,1661, 1663, 1669, 1671, 1673 or 1675 has the 
same meaning when used in this section and is applicable to the 
purpose of this section. 
3. 
Investigations unit established. 
The 
investigations 
unit is established to investigate reports of suspected abuse and 
neglect of children by persons 
or in facilities subject 
to 
licensure pursuant to this Title. 
The investigations unit is 
also authorized to assist persons or agencies to investigate 
suspected abuse and neglect by persons or in facilities providing 
services to children that are subject to licensure pursuant to 
other Titles and to assist in investigations or suspected abuse 
and neglect in state-operated facilities providing services for 
children. 
4. 
Authority and responsibility. 
The investigations unit 
has 
the 
following 
authority 
and 
responsibilities 
regarding 
investigation 
of 
out-of-home 
abuse 
and 
neglect. 
The 
investigations unit: 
A. 
Is authorized to receive all reports of out-of-home 
abuse and neglect, including reports of serious or chronic 
licensing violations; 
B. 
Shall investigate all reports received by the department 
regarding alleged out-of-home abuse and neglect occurring in 
facilities 
or 
by 
persons 
subject 
to 
licensure 
by 
the 
department or shall cause an investigation to be made by the 
appropriate licensing authority, if warranted; 
C. 
Shall 
conduct 
a 
single 
investigation sufficient to 
determine not only if abuse or neglect has occurred but also 
if licensing violations have occurred. 
Such investigations 
must be conducted in order to protect children from harm by 
establishing a basis upon which to take licensing action, if 
warranted. 
This 
procedure 
exists 
in 
order 
to 
minimize 
duplicative 
or 
redundant 
investigations 
to 
the 
extent 
possible in response to the same or related allegations of 
out-of-home abuse or neglect in facilities or by persons 
subject to licensure by the department: 
D. 
Shall direct and coordinate all out-of home abuse and 
neglect 
investigations 
and 
consult 
with 
division 
staff 
performing 
licensing, 
placement, 
contracting 
or 
child 
protection functions to eliminate duplicative or redundant 
investigations; 
E. 
Shall 
provide 
the 
facts 
and 
findings 
of 
the 
investigation to the division's licensing staff and to the 
licensee for appropriate action; 
F. 
Shall 
include 
relevant 
professionals 
outside 
the 
department as members of the investigations unit for all 
investigations of residential treatment centers, group homes 
or day care centers mandated by this section and for other 
child care facilities as warranted; 
G. 
When a report alleges out-of-home abuse and neglect in 
facili ties or by persons not subject to licensure by the 
department, shall immediately refer the report to the agency 
or department charged with the responsibility to investigate 
such a 
report or, if applicable, to the state department 
operating the facility; 
H. 
With respect to reports described in paragraph G, may, 
on its own initiative or upon request of another department 
or agency charged with the responsibility to investigate, 
participate 
in 
the 
out-of-home 
abuse 
and 
neglect 
investigation of persons or facilities subject to licensure 
or operated by the Department of Education, the Department 
of 
Corrections 
or 
the 
Department 
of 
Behavioral 
and 
Developmental Services; 
I. 
Shall refer to the office of the district attorney or 
Office of the Attorney General, when appropriate, any case 
in which criminal activity is alleged and shall coordinate 
its investigation with that office in order to minimize the 
trauma to the children involved: 
J. 
Shall 
consult 
and 
train 
law 
enforcement 
personnel, 
advocates, 
providers of care, 
relevant professionals 
and 
others 
in the 
identification, 
reporting, 
prevention 
and 
investigation of 
out-of-home 
abuse 
and 
neglect 
as 
time 
allows; and 
K. 
Shall initiate an investigation within 
hours 
of 
receipt of any report of out-of-home abuse or neglect when 
jeopardy to children, as defined in the Child and Family 
Services and Child Protection Act, is alleged. 
5. 
Due process. 
Any finding of abuse or neglect made under 
this section is subject to the due process requirements of the 
Maine Administrative Procedure Act. 
6. 
Training. 
The investigations unit must be trained in 
techniques of investigating out-of-home 
abuse 
and neglect of 
children, as well as child development; identification of abuse 
and neglect; 
interview techniques; 
treatment alternatives for 
perpetrators, victims and their families; licensing regulations 
applicable to facilities or persons licensed pursuant to this 
Subtitle; and other statutory and regulatory remedies available 
to prevent, correct or eliminate abuse and neglect in out-of-home 
settings. 
7. 
Records: confidentiiility: disc.losure. 
Records created 
pursuant to this section must be maintained in accordance with 
section 4008 and may not be disclosed except as provided by that 
section or by section 7703, subsections 2 to 4. 
Any finding of 
abuse or neglect against an individual must be maintained as a 
child protective record. 
Such findings may be disclosed, with 
written permission from the individuaL 
upon reguest from any 
potential employer. 
8. 
Assistance. 
Staff 
performing 
licensing 
or 
child 
protection 
functions 
may 
assist 
the 
investigations 
unit 
in 
conducting out-of-home investigations when staffing needs reguire 
such assistance. 
Law enforcement agencies may also participate 
in investigations when criminal actions are suspected. 
Whenever 
possible or practicable, the investigations unit shall coordinate 
with law enforcement. 
Within the department, the investigations 
unit shall direct and coordinate the conduct of all out-of-home 
abuse or neglect investigations. 
The 
investigations unit is 
solely 
responsible 
for 
reaching 
any 
finding 
of 
either 
institutional 
abuse 
or 
neglect 
or 
abuse 
or 
neglect 
by 
an 
individual. 
9. 
Findings. 
The investigations unit shall make a report 
of the facts and findings in all investigations of out-of-home 
abuse or neglect within 6 months. 
Findings of institutional 
abuse or neglect or abuse or neglect by an individual are subject 
to due process reguirements. 
Any licensing findings are subject 
to due process reguirements if there is any licensing action 
taken against an individual or agency. 
10. 
Office of the Attorney General. 
Representatives of the 
Office of the Attorney General shall represent the investigations 
uni t 
and the division in any due process licensing actions and 
upon the reguest of the commissioner. 
The Office of the Attorney 
General 
shall advise 
and 
consult with the division and 
the 
investigations unit in all licensing or investigatory actions. 
11. 
Testimony of children. 
In proceedings pursuant to this 
section, any testimony from children in administrative hearings 
or any other court having jurisdiction must be 
conducted in 
accordance with the terms of the Child and Family Services and 
Child Protection Act. 
The administrative hearing officer or the 
court of jurisdiction may rely on the statements of children made 
to others to the extent of its ability to rely on the person so 
testifying under oath. 
SUMMARY 
This bill makes the following changes to the laws governing 
out-of-home abuse and neglect. 
1. 
It allocates the provisions to a different subtitle in 
the Maine Revised Statutes, Title 22. 
2. 
It 
provides 
definitions 
of 
"institutional 
abuse, " 
"institutional neglect" and "abuse or neglect by an individual." 
3. 
It adds 
to 
the duties of the investigations unit, 
formerly referred to as "the team," as follows: 
A. 
The unit is authorized to receive reports of serious or 
chronic licensing violations; 
B. 
The unit shall direct all out-of-home abuse and neglect 
investigations; and 
C. 
The unit shall investigate wi thin 48 hours of receipt 
any report of out-of-home abuse or neglect when jeopardy to 
children is alleged. 
4. 
It specifies that findings of abuse or neglect under 
this portion of law are subject to due process requirements. 
5. 
It 
authorizes 
increased 
assistance 
for 
the 
investigations unit in conducting out-of-home investigations. 
6. 
It requires the investigations unit to make a report of 
facts in all investigations within 6 months. 
7. 
It requires representation by and participation of the 
Office 
of 
the 
Attorney 
General 
in 
certain 
licensing 
or 
investigatory actions. 
8. 
It rEquires that testimony from children in 
pursuant to this law must be conducted in accordance 
Child and Family Services and Child Protection Act. 
actions 
with the