An Act To Clarify Confidentiality in Child Protective Proceedings
Maine Legislature, Session 123, LD 0602
Committee Amendment CA_B_S304 (Senate)
Amends: 22 MRSA §4005-D, 22 MRSA §4008

Minority : 
I 
COMMITTEE AMENDMENT" 13 "to S.P. 194, L.D. 602, Bill, "An Act To Clarify 
Confidentiality in Child Protective Proceedings" 
Amend the bill by striking out all of sections 1 and 2 and inserting the following: 
'Sec. 1. 22 MRSA §4005-D, sub-§6-A is enacted to read: 
6-A. Request. A court shall alJow any person into any closed hearing upon written 
request by the parent, custodian. caretaker or legal guardian for the purpose of supporting 
the requesting person in the case unless the child or other party objects and the court 
determines that the person's presence would be detrimental to any of the other parties. 
Sec. 2. 22 MRSA §4008, sub-§I, as amended by PL 2005, c. 300, §2, is further 
amended to read: 
1. Confidentiality of records and information. All department records 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, and all information contained in those records, are confidential 
and subject to release only under the conditions of subsections 2 and 3. 
Within the department, the 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 that release was intended 
and may not further disseminate that information. A person, ineluding, but not limited to, 
a child, parent, custodian or subject of a record; may not further disseminate any record or 
information that person receives from the department unless the dissemination is 
otherwise allo"t'led by law intended to contribute to that person's understanding of the 
action being taken or request for advocacy and support in the current child protective 
action. This prohibition of dissemination is limited to information gained through the 
department. ' 
COMMITTEE AMENDMENT 
..... 
". 
COMMITTEE AMENDMENT "A " to S.P. 194, L.D. 602 
Amend the bill in section 3 in paragraph A-2 in the first line (page 1, line 20 in L.D.) 
by striking out the following: "custodian or" and inserting the following: 'custodian,' 
Amend the bill by striking out all of sections 4 to 10 and inserting the following: 
'Sec. 4. 22 MRSA §4008, sub-§7 is enacted to read: 
7. 
Release of information by parent, custodian, caretaker or legal guardian. 
Notwithstanding any provision of law to the contrary, a parent, custodian, caretaker or 
legal guardian of a child may release to any person information that is intended to 
contribute to that person's understanding of the action being taken or request for advocacy 
and support in the current child protection action. The recipient of any information in the 
record may not further disseminate or disclose the information. 
Sec. 5. Submission of Maine State Plan. The Commissioner of Health and 
Human Services shall submit for approval the amended Maine State Plan, containing the 
provisions of this Act, as required by 42 United States Code, Section 671 and Section 
5106a and 45 Code of Federal Regulations, Section 1340.14, to the United States 
Department of Health and Human Services, Administration for Children and Families, 
Office of Regional Operations, pursuant to 45 Code of Federal Regulations, Section 
1356.20. 
The commissioner shall report by January 1, 2008 to the Joint Standing 
Committee on Judiciary whether the United States Department of Health and Human 
Services, Administration for Children and Families, Office of Regional Operations has 
approved the plan pursuantto 45 Code of Federal Regulations, Section 1356.20. 
Sec. 6. Effective date. This Act takes effect February 1,2008, except that section 
of this Act, relating to the Maine State Plan, takes effect 90 days after adjournment of 
the First Regular Session of the 123rd Legislature.' 
SUMMARY 
This amendment is the minority report of the Joint Standing Committee on Judiciary. 
This amendment allows the release of child protective information to a parent, custodian, 
caretaker or legal guardian of a child who is the subject of a child protective action within 
the Department of Health and Human Services. The amendment allows that parent, 
custodian, caretaker or legal guardian to release that information to any person if 
disclosure is intended to contribute to the person's understanding of the action being taken 
or the person's request for advocacy and support in the current child protective action. 
The amendment permits courts in child protective proceedings to allow into the 
proceedings a person designated by a parent, custodian, caretaker or legal guardian as 
long as no objection is raised by the child or other parties and that presence is not 
detrimental to any of the other parties. Any person present in the court must abide by the 
rules of the court. 
This amendment directs the Commissioner of Health and Human Services to submit 
the amended Maine State Plan for federal approval. The rest of the Act does not take 
effect until February 1, 2008 to provide sufficient time for action should the plan not be 
approved. 
FISCAL NOTE REQUJRED 
(See Attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06111/07 frac::.. 
LD602 
LR 750(02) 
An Act To Clarify Confidentiality in Child Protective Proceedings 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Potential current biennium revenue decrease - Federal Funds 
Any additional costs to the Department of Health and Human Services in implementing this bill can be absorbed by 
the department utilizing existing budget resources. The bill's provisions allowing for the release of child protective 
infonnation may also result in the loss of federal funding if the infonnation release is detennined to be for purposes 
other than child protection. 
LR0750(02) - Fiscal Note - Page 1 of 1