An Act To Amend the Child and Family Services and Protection Act
Maine Legislature, Session 122, LD 1320
Committee: Health and Human Services
Sponsors: VAUGHAN
Amends: 18-A MRSA §9, 22 MRSA §4003, 22 MRSA §4008, 22 MRSA §400, 22 MRSA §4008-A, 22 MRSA §4012, 22 MRSA §4014

Legislative Document 
No. 1320 
H.P.918 
House of Representatives, March 15,2005 
An Act To Amend the Child and Family Services and Protection Act 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative VAUGHAN of Durham . 
Printed on recycled paper 
1J1~ 
1J1.7l!tU~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 18-A MRSA §9-304, sub-§(b), ,(6), as enacted by PL 1995, 
c. 694, Pt. C, §7 and affected by Pt. E, §2, is amended to read: 
(6) 
The department, the licensed child-placing agency or 
other person who acts to place or assist in placing the 
child for adoption shall file the information collected with 
the court and, if it appears that the adoption will be 
granted and this information has not previously been made 
available to the adoptive parents pursuant to 
±i~Je--66T 
SE!E!~ieA-4GG·$h--f*1l>6-e-{l-t.-i~-3-,--pa-~~-G-fH Title 22, sect- i.on 
8205, the court shall make the information available to the 
adoptive parents, prior to issuing the decree pursuant to 
subsection (f), with protection for the identity of persons 
other than the child. 
Sec. 2. 18-A MRSA §9-305. sub-§(b). as enacted by PL 1995, c. 
694, Pt. C, §7 and affected by Pt. E, §2, is amended to read: 
(b) 
The 
judge 
may 
conduct 
an 
inspection in camera of 
records of relevant child protective proceedings and may disclose 
only that information necessary for the determination of any 
issue before the court. 
Any disclosure of information must be 
done pursuant to Title 22, section 4008, subsection ~ ~. 
Sec. 3. 22 MRSA §4003. sub-§4. as amended by PL 1999, c. 731, 
Pt. AA, §4, is further amended to read: 
4. 
Permanent plans for care and custody. Promote the early 
establishment of permanent plans for the care and custody of 
children who cannot be returned to their family. It is the intent 
of the Legislature that the department 
reduce the number of 
children receiving assistance 
under 
the United States Social 
Security Act, Title IV-E, who have been in foster care more than 
months, by 
10~ each year beginning with the federal fiscal 
year that starts on October 1, 1983: aRe 
Sec. 4. 22 MRSA §4003. sub-§5. as enacted by PL 1999, c. 731, 
Pt. AA, §5, is amended to read: 
5. 
Report. 
Require the department to report monthly to the 
joint standing committees of the Legislature having jurisdiction 
over appropriations and financial affairs and health and human 
services matters, 
beginning in July 
2000, 
on 
the status of 
children served by the Bureau of Child and Family Services. 
The 
report 
must 
include, 
at 
a 
minimum, 
information 
on 
the 
department's 
caseload, 
the 
location of 
the 
children in 
the 
department's custody and the nwnber or cases of abuse and neglect 
.. 
that were not opened for assessment. 
This information must be 
identified by program and funding sourceT~ 
Sec. 5. 22 MRSA §4003, sub-§6 is enacted to read: 
6. 
Pti!u"_iti&s~~4e»iJ..r.tPJent. 
Reguire that the priorities 
~_he depar.J;JJ\ent are th~-p~rvation of the family first,~ 
placement of the child with the closest appropriate next of kin 
second and placement of the child in foster care only as a last 
resort. 
Sec. 6. 22 MRSA §4008, sub-§l, as enacted by PL 1979, c. 733, 
§18, is amended to read: 
1. 
Confidentiality of records. 
A** Any department FeeeFes 
whieh-~~~-~eFseRa**y-~~~~~-iR~eFffia~isA-~-aFe record 
created or obtained in connection with the department I schild 
protective activities and activities related to a child while in 
the 
care or 
custody of 
the department 
aFe--eeR~ieeR~ia*--aRe 
s~B~ee~-~e-~eJea5e-~y-~-~~~~~~~-~~&~G~~&~-b-aRe 
~ is open to the public except in cases when a court determines 
th~t the record should be sealed due to explicit sexual content. 
Wi~hiR-~he-eeFa~~meB~7-~~~~~~~~~~~~~&~y-~e-aRe 
~see-~-~~~~~~~~~&~~-~eFseRRe*-aBQ-~-~~&~~-~eF 
~Re-ee~aF~ffieR~-iR-eaFFyiR~-e~~-~heiF-~~Re~ieRsT 
Sec. 7. 22 MRSA §4008. sub-§2. as amended by PL 2001, c. 696, 
§17, is repealed. 
Sec. S. 22 MRSA §400S, sub-§3, as amended by PL 2003, c. 673, 
Pt. Z, §§2 to 4, is repealed. 
Sec. 9. 22 MRSA §4008. sub-§6. "A and B, as enacted by PL 
2003, c. 673, Pt. W, §1, are amended to read: 
A. The department may charge fees for the services listed in 
paragraph B to any person except the following: 
(1) 
A parent in a 
child protection proceeding, 
an 
attorney who represents a parent in a child protection 
proceeding or a guardian ad litem in a child protection 
proceeding when the parent, 
attorney or guardian ad 
litem requests the service for the purposes of the 
child protection proceeding: 
(2) 
An adoptive parent or prospective adoptive parent 
who requests records relating to the child who has been 
or might be adopted: 
(3) 
A 
person 
having 
the 
legal 
authorization 
to 
evaluate or treat a child, parent or custodian who is 
the 
subject of 
a 
record, 
including 
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: the 
record must be requested for the purpose of evaluating 
or treating the child, parent or custodian who is the 
subject of the record: 
(4) 
Governmental entities of this State that are not 
engaged in licensing: and 
(5) 
Governmental 
municipality of this 
licensing. 
entities 
of 
any 
State that are not 
count.y 
engaged 
or 
in 
A request or order by a court for disclosure of records 
pYFSyaB~-~9-SY9See~i9B-6T-paFa~FapR-R must be deemed to have 
been made by the person requesting that the court order the 
disclosure. 
B. 
The 
department 
may 
charge 
fees 
for 
the 
following 
services: 
(1) 
Researching its records to determine whether 
a 
particular person is named in the records: 
(2) 
Receiving 
and 
responding 
to 
a 
request 
fur 
disclosure of depart.ment 
recordsT--whe-t~--eF--no-t--l;Re 
QepaF~~eR~-~FaR~s-tRe-Fe~yest: and 
(3) 
Disclosing department records. 
Sec. 10. 22 MRS A §4008, sub-§6, F, as enacted by PL 2003, c. 
673, Pt. w, SI, is repealed. 
Sec. II. 22 MRSA §4008-A, as enacted by PL 1997, c. 328, §l, 
is repealed. 
Sec. 12. 22 MRSA §4012. sub-§3 is enacted to read: 
.3. 
Liability 
f9L-fj).lse_r_e»o.I'~ 
A person who 
makes 
a 
report, 
including 
the 
information 
reguired 
in subsection 
2, 
paragraph F, that is inaccurate and malicious commits a Class D 
crime pursuant to Title 17-A, section 509. 
Sec. 13. 22 MRSA §4014. sub-§l. as amended by PL 1987, c. 395, 
Pt. A, §89, is further amended to read: 
• 
... 
1. 
Reporting and proceedings. A person, including an agent 
of the department, participating in good faith in reporting under 
this subchapter or participating in a related child protection 
investigation or proceeding, 
including, but not limited to, 
a 
multidisciplinary team, out-of-home abuse investigating team or 
other 
investigating 
or 
treatment 
team, 
is 
immune 
from 
any 
criminal 
or 
civil 
liability 
for 
the 
act 
of 
reporting 
or 
participating in the investigation or proceeding. 
Gees 
~~_~J;. 
for 
condu~d~£.C_ill_ed in 
s@~t.ion 4, 
gOOg 
faith does 
not 
include instances when a false report is made and the person 
knows 
the report is false. 
Nothing in this section may 
be 
construed to bar criminal or civil action regarding perjury or 
regarding 
the 
abuse 
or 
neglect 
which 
led 
to 
a 
report. 
investigation or proceeding. 
Sec. 14. 22 MRSA §4014, sub-§4 is enacted t.o read: 
4. 
LiaJ_l~jlmly.ni ty_!oL-.Jtl.~tL-LDJP19Je.u. 
No tw i ths tanding 
t.h~oyisio~f_~J~_~~G...b...a~r 741, 
an employee of the 
department 
is 
not 
immune 
[rom 
liability 
for 
conduct 
with 
malicious intent or for severe dereliction of guty. 
Sec. 15. Commission to Study Termination of Parental Rights. 
The 
Commission to Study Termination of Parental Rights, referred to 
in this section as "the commission," is established. 
1. 
The 
commission 
consists 
of 
members, 
including 
members from the Joint Standing Committee on Health and Human 
Services appointed by the chair o[ the committee, of whom 2 must 
be 
from 
the political party with 
the 
2nd-highest 
nwnber 
of 
members in the Legislature, and 4 members [rom the Joint Standing 
Committee on Judiciary appointed by the chair of the committee, 
of whom 2 must be from the political party with the 2nd-highest 
number of members in the Legislature. 
2. 
The first-named Senate member is the Senate chair of the 
commission and the first-named House o[ Representatives member is 
the House chair of commission. 
3. 
All appointments must be made no later than 30 days 
following 
the 
effective 
date 
of 
this 
Act. 
The 
appointing 
authorities 
shall 
notify 
the 
Executive 
Director 
of 
the 
Legislative Council once all appointments have been completed. 
Within 15 days after appointment of all members, the chairs shall 
call and convene the first meeting of the commission. 
4. 
The commission shall study the standard for when the 
termination of parental rights is warranted. 
5. 
The Legislative Council may provide staff assistance to 
the co~nission. 
6. 
The members of the commission are entitled to receive 
the 
legislative per 
diem, 
as 
defined 
in 
the 
Maine 
Revised 
Statutes, Title 3, section 2, 
and reimbursement for travel and 
other 
necessary 
expenses 
for 
their 
attendance 
at 
authorized 
meetings of the commission. 
7. 
The 
commission shall submit 
a 
report 
no later than 
December 7, 2005 that includes its findings and recommendations, 
including suggested legislation, to the Joint Standing Committee 
on Health and Human Services and the Legislative Council. 
The 
commission is 
not authorized to 
introduce legislation. 
Upon 
receipt and review of the report, the Joint Standing Committee on 
Health and Human Services may report out a bill to the Second 
Regular Session of the 122nd Legislature. 
8. 
If the commission requires a limited extension of time 
to complete its study and make its report, it may apply to the 
Legislative Council, which may grant an extension. 
9. 
The chairs of the commission, with assistance from the 
commission 
staff, 
shall 
administer 
the 
commission's 
budget. 
Within 10 days after its first meeting, 
the commission shall 
present 
a 
work 
plan 
and 
proposed budget 
to 
the Legislative 
Council for its approval. 
The commission may not incur expenses 
that would result in the commission's exceeding its approved 
budget. 
Upon request from the commission, the Executive Director 
of the Legislative Council shall promptly provide the commission 
chairs and staff with a status report on the commission budget, 
expenditures incurred and paid and available funds. 
SUMMARY 
This bill amends the Child and Family Services and Child 
Protection Act in the following ways: 
1. 
It lists the priorities of the Department of Health and 
Human Services in child protection matters as preservation of the 
family first, placement of the child with the closest appropriate 
next of kin second and placement in foster care only as a last 
resort: 
2. 
It makes child protection records open to the public 
except in cases when a court determines the records should be 
sealed due to sexually explicit content: 
3. 
It makes people liable for the crime of false public 
report for reports of suspected child abuse or neglect to the 
Department of Health and Human Services if the reports, including 
the identification of the people, ale inaccurate and malicious; 
and 
4. 
It 
makes 
employees 
in child 
liable 
for 
conduct 
dereliction of duty. 
Department 
of 
Health 
and 
protective matters civilly 
with 
malicious 
intent 
Human 
Services 
and criminally 
or 
for 
severe 
This bill also creates a commission to study the standard 
for when the termination of parental rights is appropriate.