An Act To Set Standards for Interviewing Children Who Are Subjects of a Child Protective Intervention
Maine Legislature, Session 123, LD 1501
Committee: Health and Human Services
Sponsors: FAIRCLOTH, CONNOR, SIMPSON
Amends: 22 MRSA §4021

Legislative Document 
No. 1501 
H.P.1051 
House of Representati ves, March 19, 2007 
An Act To Set Standards for Interviewing Children Who Are 
Subjects of a Child Protective Intervention 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative FAIRCLOTH of Bangor. 
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MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: CONNOR of Kennebunk, SIMPSON of Auburn. 
Pnnted on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §4021, sub-§3, ~C, as enacted by PL 1981, c. 369, §10, is 
amended to read: 
C. School'Upon the request of a department employee, school officials shall permit 
the department to meet with and interview the child during school hours, if the 
interview is necessary to carry out the department's duties under tills chapter when the 
child is present at the school. 
(1) School officials may require that the department employee requesting to 
interview the child provide a written certification that in the department's 
judgment the interview is necessary to cany out the department's duties under 
this chapter. 
(2) In order for the department to be able to conduct interviews in a manner 
consistent with good forensic practice, except as provided in subparagraph (1), 
school officials may not place any conditions on the department's ability to 
conduct the interview. 
Without limiting the generality of this subparagraph, 
school officials are specifically prohibited from: 
(a) Requiring that certain persons be present during the interview; 
(b) Prohibiting certain persons from being present during the interview; and 
(c) Requiring notice to or consent from a parent. 
(3) School officials shall provide an appropriate, quiet and private place for the 
interview to occur. 
(4) That the department intends to interview the child is confidential infonnation 
and may not be disclosed to any person except those school officials, including 
an attorney for the school, who need the infonnation to comply with the 
provisions of this paragraph. 
(5) School personnel who assist the department in making the child available for 
the interview or who otherwise comply with this paragraph are "participating in a 
related child protection investigation or proceeding" for purposes of section 4014. 
Violation of this paragraph subjects any person involved in the violation, including 
individual school personnel, to the penalty provided in section 4009. This section 
does not apply to out-of-home abuse and neglect allegations as covered under section 
4088. 
SUMMARY 
This bill clarifies that the Department of Health and Human Services may, upon 
request, interview a child at a school if necessary to carry out the department's child 
protection activities, and that school officials must cooperate with the conduct of such an 
interview under penalty oflaw.