An Act To Extend the Duties of the Children's Ombudsman
Maine Legislature, Session 121, LD 1073
Committee: Health and Human Services
Sponsors: CANAVAN, BRENNAN, BRANNIGAN, CRAVEN, DUDLEY, LA VERRIERE-BOUCHER, MILLS
Amends: 22 MRSA §4087-A, 22 MRSA §40

Legislative Document 
No. 1073 
H.P.791 
House of Representatives, March 4, 2003 
An Act To Extend the Duties of the Children's Ombudsman 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative CANAVAN of Waterville. 
Cosponsored by Senator BRENNAN of Cumberland and 
17/~/h.~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BRANNIGAN of Portland, CRAVEN of Lewiston, DUDLEY of Portland, 
LA VERRIERE-BOUCHER of Biddeford, MILLS of Cornville. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §4087-A. sub-§2, as enacted by PL 2001, 
c. 
439, Pt. X, §5, is amended to read: 
2. 
Program 
established. 
The 
ombudsman 
program 
is 
established 
as 
an 
independent 
program 
within 
the 
Executive 
Department to provide 
ombudsman services to the children and 
families of the State regarding child welfare services provided 
by the Department of Human Services and services provided to 
children 
by 
the 
Department 
of 
Behavioral 
and 
Developmental 
Services. 
The 
program 
shall 
consider 
and 
promote 
the 
best 
interests 
of 
the 
child 
involved, 
answer 
inquiries 
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 
c\ 
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. 
Sec. 2. 22 MRSA §4087-A, sub-§4, 1[1[B, D and G, as enacted by PL 
2001, c. 439, Pt. X, §5, are amended to read: 
B. 
Answer inquiries, investigate and work toward resolution 
of complaints regarding the performance and services of thp 
department 
and 
the 
Department 
of 
Behavioral 
and 
Developmental 
Services 
and 
participate 
ln 
conferences, 
meetings and studies that may improve the performance of the 
department 
and 
the 
Department 
of 
Behavio~al 
and 
Developmental Services; 
[1. 
Inform persons of the means of obtaining services from 
the 
department 
and 
the 
Department 
of 
Behavioral 
and 
Developmental Services: 
G. 
Determine what types of complaints and inquiries will be 
accepted for action by the program and adopt policies dnel 
procedures 
regarding 
communication 
with 
persons 
mRk i nC! 
inquiries or complaints and the department or the Department 
of Behavioral and Developmental Services; 
Sec 3. 22 MRSA §4087-A, sub-§S, as enacted by PL 
2001, 
,:. 
439, Pt. X, §5, is amended to read: 
5. 
Access to persons. files and records. 
As necessary [or 
the duties of the program, the ombudsman has access to the files 
and records of the department and the Department of Behavioral 
and Developmental Services, without fee, and to the personnel of 
Page l-LR0780(1) 
the department and the Department of Behavioral and Developmental 
Services for 
the purposes of investigation of an inquiry or 
complaint. 
The 
ombudsman may 
also enter the premises of the 
department and the Department of Behavioral and Developmental 
Services for 
the purposes of investigation of 
an inquiry or 
complaint without prior notice. 
The program shall maintain the 
confidentiality of all information or records obtained under this 
subsection. 
Sec. 4. 22 MRSA §40S7-A, sub-§§9 and 10, as enacted by PL 200L 
c. 439, Pt. X, §5, are amended to read: 
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 
and to all children and 
families receiving services from the Department of Behavioral and 
Developmental Services. 
10. 
Report. 
The program shall report to the Governor, the 
department, 
the 
Department 
of 
Behavioral 
and 
Developmental 
Services 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, 
wai ting lists for services, the provision of outreach services 
and recommendations for changes in policy, rule or law to improve 
the plovision of services. 
SUMMARY 
This bill extends the duties of the ombudsman who provides 
services 
to 
children 
and 
families 
regarding 
chilo 
welfare 
services provided by the Department of Human Services to include 
the provision of ombudsman services to children and families 
regarding services provided to children by the Department of 
Behavioral and Developmental Services.