An Act To Ensure Adequate Health Care for Children Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 17-A MRSA §554, sub-§l, 1fB-2, as enacted by PL 2001, c. 429, §2, is amended to read: B-2. Being a parent, foster parent, guardian or other person responsible for the long-term general care and welfare of a child under 16, recklessly fails to take reasonable measures to protect the child from the risk of further bodily injury after knowing: (1) That the child had, in fact, sustained serious bodily lnJury or bodily lnJury under circumstances posing a substantial risk of serious bodily injury; and (2) That such bodily injury was, in fact, caused by the unlawful use of physical force by another person; 9F Sec.2. 17-A MRSA §554, sub-§I, 1fB-3 is enacted to read: Page l-LR0727(2) COMMITTEE AMENDMENT
Maine Legislature, Session 122, LD 0482
Committee Amendment CA_A_H641 (House)
Amends: 17-A MRSA §554, 17-A MRSA §557, 22 MRSA §4002, 22 MRSA §4013

COMMITTEE AMENDMENT "4,, to H. P . 
357, L.D. 482, Bill, 
Act To Ensure Adequate Medical Care for Children" 
"An 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Ensure Adequate Health Care for Children' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 17-A MRSA §554, sub-§l, 1fB-2, as enacted by PL 2001, 
c. 429, §2, is amended to read: 
B-2. 
Being 
a 
parent, 
foster parent, 
guardian or other 
person 
responsible 
for 
the 
long-term 
general 
care 
and 
welfare of 
a 
child under 
16, 
recklessly fails 
to 
take 
reasonable measures to protect the child from the risk of 
further bodily injury after knowing: 
(1) 
That the child had, 
in fact, 
sustained serious 
bodily 
lnJury or bodily lnJury 
under 
circumstances 
posing a substantial risk of serious bodily injury; and 
(2) 
That such bodily injury was, in fact, caused by 
the unlawful use of physical force by another person; 9F 
Sec.2. 17-A MRSA §554, sub-§I, 1fB-3 is enacted to read: 
Page l-LR0727(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .,4" to H. P. 357, L.D. 482 
B-3. 
Being the parent, foster parent, :guardian or other 
person having the care and custody of the child, knowingly 
deprives the child of necessary health care, with the result 
that the child is placed in danger of serious harm; or 
Sec. 3. 17-A MRSA §557, as amended by PL 1995, c. llO, §2, is 
further amended to read: 
§557. Other defenses 
For the purposes of this chapter, a person who in good faith 
provides treatment for a child or dependent person by spiritual 
means through prayer aleBe 
may not for that reason alone be 
aeemea determined to have knowingly endangered the welfare of 
that child or dependent person. 
Sec. 4. 22 MRSA §4002, sub-§6, 1fB, as enac ted by PL 1979, c. 
733, §18, is amended to read: 
B. 
Deprivation 
of 
adequate 
food, 
clothing, 
shelter, 
superv1s1on 
or 
careT--~££~~4~R~--~~~-~~--W&&&--~Ra~ 
ae~~~va~~eB-ea~ses-a-~R~ea~-e~-se~~e~s-Ra~m; 
Sec. 5. 22 MRSA §4002, sub-§6, 1fB-l is enacted to read: 
B-1. 
Deprivation 
of 
necessary 
health 
care 
when 
the 
deprivation places the child in danger of serious harm; 
Sec. 6. 22 MRSA §4013, as amended by PL 1983, c. 343, §2, is 
repealed .• 
SUMMARY 
This 
amendment 
replaces 
the 
title 
and 
the 
bill. 
The 
amendment balances the right of children to receive necessary 
health 
care 
and 
the 
right 
to 
spiritual 
treatment 
from 
an 
accredited practitioner of a 
recognized religious organization. 
The amendment does the following: 
1. 
It adds to the definition of the crime of "endangering 
the welfare of a child" knowingly depriving a child of necessary 
health care that places the child in danger of serious harm; 
COMMITTEE AMENDMENT 
~" 
COMMITTEE AMENDMENT "A" to H.P. 357, L.D. 482 
2. 
It removes the unnecessary word "alone" in the defense 
to the crime of endangering the welfare of a child or dependent 
person; 
3. 
It amends 
the definition of 
welfare" 
to 
a 
child 
in 
the 
child 
deprivation of necessary health care 
danger of serious harm; and 
"jeopardy 
protective 
that places 
to health 
laws 
the 
to 
child 
or 
add 
in 
4. 
It 
repeals 
an 
unnecessary 
and 
confusing 
provision 
regarding reporting to the Medical 
Examiner 
under 
the Maine 
Revised Statutes, 
Title 
22, 
section 
4013, 
while 
leaving 
in 
statute the requirement to report a child's death under Title 22, 
section 3025, subsection 1, paragraph I. 
COMMITTEE AMENDMENT