An Act Regarding Child Protection Proceedings
Maine Legislature, Session 122, LD 0867
Committee: Judiciary
Sponsors: PELLETIER-SIMPSON, HOBBINS
Amends: 22 MRSA §4007, 22 MRSA §4008, 22 MRSA §400

Legislative Document 
No. 867 
H.P.618 
House of Representatives, February 16,2005 
An Act Regarding Child Protection Proceedings 
Submitted by the Department of the Attorney General pursuant to Joint Rule 204. 
Reference to the Committee on Judiciary suggested and ordered printed. 
I!/~ 
/J7.1i)u~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative PELLETIER-SIMPSON of Auburn. 
Cosponsored by Senator HOBBINS of York. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §4007, sub-§5, as enacted by PL 1985, c. 506, 
Pt. A, §42, is repealed. 
Sec. 2. 22 MRSA §4008, sub-§ 1, as enac ted by PL 1979, c . 733, 
§18, is amended to read: 
1. 
Confidentiality 
of 
records 
and 
information. 
All 
department 
records 
w~~e~ that 
contain personally 
identifying 
information and are created or obtained in connection with the 
department's child protective activities and activities related 
to a child while in the care or custody of the department~nd 
all information contained in those records, are confidential and 
subject to release only under the conditions of subsections 2 and 
3. 
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Within the department~he records are available only to and may 
be used only by appropriate departmental personnel 
and legal 
counsel for the department in carrying out their functions. 
Any person who receives department records or information from 
the department may use the records or information only for the 
purposes 
for 
which 
thQt 
release 
was 
intended. 
A 
person, 
including, but not limited to, 
a child, parent. custodian or 
subject of a record, may not further disseminate any record that 
person receives from the department unless the dissemination is 
otherwise required by law. 
read: 
Sec.3. 22 MRSA §4008, sub-§2, ~A-l is enacted to read: 
A 1. 
A law enforcement agency, to the extent necessary for 
reporting, investigating and prosecuting an alleged crime1-
the victim of which is a department employee, an employee of 
the Attorney General's Office, an employee of any court or 
court system, a person mandated to report suspected abuse or 
neglect, a person whQ has made a report to the department. a 
person who has provided information to the department or an 
attorney, guardian ad litem, party, participant, witness or 
prospective wi tness i~~GltiJd---1llot_ection proceedi~ 
Sec. 4. 22 MRSA §4008, sub-§2, ~~D-l and D-2 are enacted to 
D-l. 
A parent. custodian or caretaker of a child when the 
department believes the child may be at risk of harm from 
the person who is the subject of the records or information, 
Page l-LR0562 (1) 
with protection for identity of reporters and other persons 
when appropriate; 
D-2. 
A party to a child protection proceeding, 
when the 
records or information is relevant to the proceeding, with 
protection for identity of reporters and other persons when 
appropriate; 
Sec. 5. 22 MRSA §400S, sub-§2, 1fE, as amended by PL 2001, c. 
696, §17, is further amended to read: 
E. 
A 
person 
having 
the 
legal 
responsibility 
or 
authorization 
to 
evaluate, 
treat, 
educate, 
care 
for 
or 
supervise a child, parent or custodian who is the subject of 
a record, or a member of a panel appointed by the department 
to review child deaths and serious injuries, or a member of 
the Domestic Abuse Homicide Review Panel established under 
Title 19-A, section 4013, 
subsection 4. 
This includes a 
member of a treatment team or group convened to plan for or 
treat a child or family that is the subject of a record. 
This may also include a member of a support team for foster 
parents, if that team has been reviewed and approved by the 
department; 
Sec. 6. 22 MRSA §400S, sub-§2, 1fE-l is enacted to read: 
E-l. 
A relative or other person whom 
the department is 
investigating for possible custody or placement of the child; 
]0 
Sec. 7. 22 MRSA §400S, sub-§2, t.I, as repealed and replaced by 
PL 1989, c. 878, Pt. A, §63, is amended to read: 
I. 
The representative designated to provide child welfare 
services by the tribe of an Indian child as defined by the 
federal Indian Child Welfare Act, 
United States Code, 
Section 1903, 
or 
a 
representative designated to 
provide 
child welfare services by an Indian tribe of Canada; and 
Sec. S. 22 MRSA §400S, sub-§3, 1fA, as enacted by PL 1979, c. 
733, §18, is amended to read: 
A. 
The guardian ad litem of a child namee-~£-~-~~-wRe 
is-£eFe£~e4-~~~~~~-He~lee~ee, appointed pursuant to 
section 4005, subsection 1; 
Sec. 9. 22 MRSA §400S, sub-§3, 1fA-l is enacted to read: 
A-I. 
The 
court-appointed guardian ad litem, 
visitor or 
attorney of a child who is the subject of a court proceeding 
involving parent_al rights and rMPonsibilities, grandparent 
visitation, 
custody, 
guardianship 
or 
involuntary 
commitment. 
The access of the guardian ad litem, visitor or 
attorney to the records or information under this paragraph 
is limited to reviewing the records in the offices of the 
department. 
Any other use of the information or records 
during 
the 
proceeding 
in 
which 
the 
guardian 
ad 
litem. 
visitor or attorney is appointed is governed by paragraph Bj 
SUMMARY 
This bill makes the following changes to the laws governing 
access to information in child protection proceedings. 
1. 
It specifies that, within the Department of Health and 
Human Services, information in records, as well as the record 
itself, is protected and confidential. 
It also clarifies that a 
person who receives records from the department may not further 
disseminate the record. 
2. 
It limits use of department 
which 
the 
release 
was 
intended 
dissemination of those records. 
records 
and 
to the purpose for 
prohibits 
further 
3. 
It expands the list of persons to whom the department is 
authorized to disclose relevant information.