An Act to Make the Children's Ombudsman Program an Independent Office
Maine Legislature, Session 121, LD 0073
Committee: Health and Human Services
Sponsors: LA VERRIERE-BOUCHER, BRYANT, DUDLEY, KANE, MARLEY, MARRACHE, SULLIVAN
Amends: 22 MRSA §4087-A

Legislative Document 
No. 73 
H.P.81 
House of Representatives, January 16, 2003 
An Act to Make the Children's Ombudsman Program an 
Independent Office 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
7!l~ 
1?1.7l/dC~ 
Mll.LICENT M. MacFARLAND 
Clerk 
Presented by Representative LA VERRIERE-BOUCHER of Biddeford. 
Cosponsored by Senator BRYANT of Oxford and 
Representatives: DUDLEY of Portland, KANE of Saco, MARLEY of Portland, MARRACHE 
of Waterville, SULLIVAN of Biddeford. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §4087-A, as amended by PL 2001, c. 696, §36, 
is further amended to read: 
§4087-A. (bbudsman proqram 
1. 
Definitions. 
As 
used 
in 
context 
otherwise 
indicates, 
the 
following meanings. 
this 
section, 
unless 
following 
terms 
have 
the 
the 
A. 
"Ombudsman" 
means 
the director 
of 
the 
program 
and 
persons employed or volunteering to perform the work of the 
program. 
B. "Program" means the ombudsman program established under 
this section. 
2. 
Proqram 
established. 
The 
ombudsman 
program 
is 
established 
as 
an 
independent 
program 
wi~hiB--~he--EKe€~~ive 
gepa~~ffieB~ to provide ombudsman services to the children and 
families of the State regarding child welfare services provided 
by the 
gepaF~ffieB~-~~-~-Serviees department. 
The program 
shall consider 
and promote 
the best interests of the child 
involved, 
answer 
inqu~r~es and 
investigate, 
advise 
and 
work 
toward resolution of complaints of infringement of the rights of 
the child and family involved. 
The program must be staffed, 
under contract, by an attorney or a master's level social worker 
who must have experience in child development and advocacy, and 
support staff as determined to be necessary. 
The program shall 
function 
through 
the 
staff 
of 
the 
program 
and 
volunteers 
recruited and trained to assist in the duties of the program. 
3. 
Contracted services. 
The 
program 
shall--epeFa~e--BY 
eeB~rae~--wi~R--a may be operated by an independent nonprofit 
organization ~ha~-~~~~-gepaF~ffieB~-ae~ermiRe6-~~~-~Fee 
ei1--pG-t.-en-t;.j,..a..l---€~'£~i-€-t.--e~--.in-t 
.. e·HH,..t.--aRe.--&e-&t,.--ahl-e--~e, or by a 
nonprofit organization that provides other services, 
and shall 
provide the services on a statewide basis. 
The ombudsman may not 
be actively involved in state-level political party activities or 
publicly endorse, solicit funds 
for or make contributions to 
political parties on the state level or candidates for statewide 
elective office. 
The ombudsman may not be a candidate for or 
hold any statewide elective or appointive public office. 
4. 
Services. 
The program shall provide services 
aiFee~ly 
eF--u-nde-r--eeB~Fae~ and may set priorities for service among the 
types of inquiries and complaints. 
The program may: 
Page l-LR0711(1) 
A. 
Provide information to the public about the services of 
the program through a comprehensive outreach program. 
The 
ombudsman 
shall 
provide 
information 
through 
a 
toll-free 
telephone number or numbers; 
B. 
Answer inquiries, investigate and work toward resolution 
of complaints regarding the performance and services of the 
department 
and participate 
in conferences, 
meetings 
and 
studies that may improve the performance of the department; 
C. 
Provide services to persons to assist them in protecting 
their rights; 
D. 
Inform persons of the means of obtaining services from 
the department; 
E. 
Provide information and referral services; 
F. 
Analyze 
and 
provide 
agencies, 
the 
Governor 
programs, rules, policies 
opinions 
and 
the 
and laws; 
and 
recommendations 
to 
Legislature 
on 
state 
G. 
Determine what types of complaints and inquiries will be 
accepted for action by the program and adopt policies and 
procedures 
regarding 
communication 
with 
persons 
making 
inquiries or complaints and the department; 
H. 
Apply for and utilize grants, gifts and funds for the 
purpose of performing the duties of the program, including 
accepting funding from the General Fund; and 
I. 
Collect and analyze records and data relevant to the 
duties and activities of the program and make reports as 
required by law or determined to be appropriate. 
4-A. 
Information for parents in child protective cases. 
The program, in consultation with appropriate interested parties, 
shall 
provide 
information 
about 
child 
protection 
laws 
and 
procedures to parents whose children are the subject of child 
protective investigations 
and 
cases 
under this chapter. 
The 
providing of 
the 
information under 
this 
subsection does 
not 
constitute 
representation of 
parents. 
Parents 
may 
seek 
and 
receive information regardless of whether they are represented by 
legal counsel. 
The information must be provided free of charge 
to parents. 
The program shall report annually to the joint standing committee 
of the Legislature having jurisdiction over jUdiciary matters, 
starting February 1, 
6GG~ 2004, on the provision of information 
required by this subsection. 
This 
subsection 
does 
not 
create 
new 
rights 
or 
obligations 
concerning the provision of legal advice or representation of 
parents. 
Failure to provide information under this subsection 
does not create a cause of action or have any effect on a child 
protective proceeding. 
5. 
Access to persons, files and records. 
As necessary for 
the duties of the program and as pertinent to 
a 
particular 
complaint or inguiry, the ombudsman has access to the files and 
records of the department, without fee, and to the personnel of 
the department for the purposes of investigation of an inquiry or 
complaint. 
~ae-~&-~-~~£~--en~eF--~h&-~~~-~--~ae 
ae~aF~ffien~-~~--~Re-~r~-B~--~~~~~~~i&~-~--a»-~~~~-eF 
eeffi~±ai:n~-w-i~-be-u-t.--F-F-i&F--net;ieeT 
The program shall maintain the 
confidentiality of all information or records obtained under this 
subsection. 
6. 
Confidentiality of records. 
Information 
or 
records 
maintained by the program relating to a complaint or inquiry are 
confidential and may not be disclosed unless the disclosure is 
permitted by law and consented to by the ombudsman or ordered by 
court. 
Records maintained by the program are not public records 
as defined in Title 1, chapter 13. 
7. 
Liability. 
Any 
person who 
in good faith submits 
a 
complaint or inquiry to the program pursuant to this section is 
immune from any civil or criminal liability. For the purpose of 
any 
civil 
or 
criminal 
proceedings, 
there 
is 
a 
rebuttable 
presumption that any person acting pursuant to this section did 
so in good faith. 
The ombudsman and employees and volunteers in 
the program are employees of the State for the purposes of the 
Maine Tort Claims Act. 
8. 
Penalties. 
A person who 
intentionally obstructs or 
hinders the lawful performance of the ombudsman's duties commits 
a Class E crime. 
A person who penalizes or imposes a restriction 
on a person who makes a complaint or inquiry to the ombudsman as 
a result of that complaint or inquiry commits a Class E crime. 
The Attorney General shall enforce this subsection under Title 5, 
section 191. 
9. 
Information. 
Beginning January 1, 
2002, 
information 
about the services of the program and any applicable grievance 
and appeal procedures must be given to all children and families 
receiving child welfare services from the department and from all 
persons 
and entities contracting with the department for the 
provision of child welfare services. 
10. 
Report. 
The program shall report to the GovernorT-~Re 
aepaFt:me:et: and the Legislature before January 1st each year on 
the activities and services of the program, priorities among 
types of inquiries and complaints that may have been set by the 
program, waiting lists for services, the provision of outreach 
services and recommendations for changes in policy, rule or law 
to improve the provision of services. 
11. 
Oversight. 
The 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over health and human services 
matters shall review the operations of the program and may make 
recommendations 
to 
the 
Governor 
regarding 
the 
contract 
for 
services under this section. The committee may submit legislation 
that it determines necessary to amend or repeal this section. 
This 
bill 
removes 
ombudsman 
program 
that 
complaints. 
The 
bill 
ombudsman program. 
SUMMARY 
from 
handles 
the 
Executive 
child 
welfare 
maintains 
the 
current 
Department 
inquiries 
duties 
of 
the 
and 
the