An Act To Clarify Confidentiality in Child Protective Proceedings
Maine Legislature, Session 123, LD 0602
Committee: Judiciary
Sponsors: PERRY, PLOWMAN
Amends: 22 MRSA §4008, 22 MRSA §400, 22 MRSA §4034, 22 MRSA §4035

Legislative Document 
No. 602 
S.P. 194 
February 8, 2007 
An Act To Clarify Confidentiality in Child Protective Proceedings 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator PERRY of Penobscot. 
Cosponsored by Senator PLOWMAN of Penobscot. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §4008, sub-§l, 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. 
A person, incll:lding, bl:lt not limited to, a child, parent, cl:lstodian or sl:lbject of a record, 
may not fl:lrther disseminate any record or informatiofl that person receives from the 
department I:Inless the dissemination is otheANise allo'wed by law. 
Sec. 2. 22 MRSA §4008, sub-§2, ~-l, as enacted by PL 2005, c. 300, §4, is 
repealed. 
Sec. 3. 22 MRSA §4008, sub-§3, 'A-2 is enacted to read: 
A-2. Upon request, a parent, custodian or caretaker or legal guardian of a child who 
is the subject of the records or information, with protection for identity of reporters 
and other persons when appropriate; 
Sec. 4. 22 MRS A §4008, sub-§3, ,:I, as enacted by PL 2003, c. 673, Pt. Z, §4, is 
amended to read: 
I. 
Any government entity that needs such information in order to carry out its 
responsibilities under law to protect children from abuse and neglect. For purposes 
of this paragraph, "government entity" means a federal entity, a state entity of any 
state, a local government entity of any state or locality or an agent of a federal, state 
or local government entity; and 
• 
Sec. 5. 22 MRS A §4008, sub-§3, ,J, as enacted by PL 2003, c. 673, Pt. Z, §4, is 
amended to read: 
J. 
To a juvenile court when the child who is the subject of the records has been 
brought before the court pursuant to Title 15, Part 6~ ; and 
Sec. 6. 22 MRSA §4008, sub-§3, ~ 
is enacted to read: 
K. Upon written request and signed release from the parent, custodian, caretaker or 
legal guardian, to any person designated in the release. This includes authorization to 
disclose written information regarding the case and to discuss the case orally. 
Sec. 7. 
MRSA §400S, sub-§3-A, as enacted by PL 1993, c. 294, §4, IS 
amended to read: 
3-A. Confidentiality. The proceedings and records of the child death and serious 
injury review panel created in accordance with section 4004, subsection 1, paragraph E 
are confidential and are not subject to subpoena, discovery or introduction into evidence 
in a civil or criminal action. The commissioner shall disclose conclusions of the review 
panel upon request, but may not disclose data that is otherwise classified as confidential. 
Sec. S. 22 MRSA §400S, 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 
II 
legal guardian of a child may release to any person and for any purpose information 
regarding that child. 
Sec. 9. 22 MRSA §4034, sub-§l-A is enacted to read: 
i-A. Request. A court shall allow any person into any closed hearing upon written 
IS 
request by the parent, custodian, caretaker or legal guardian for the purpose of advocating 
for and assisting the requesting person in the case. 
Sec. 10. 22 MRSA §4035, sub-§I-A is enacted to read: 
i-A. Request. A court shall allow any person into any closed hearing upon written 
request by the parent, custodian, caretaker or legal guardian for the purpose of advocating 
for and assisting the requesting person in the case. 
SUMMARY 
This bill 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 bill allows that parent, custodian, 
caretaker or legal guardian to release that information to any person and for any purpose. 
The bill removes the designation of confidentiality that applies to the proceedings, 
records and conclusions of the child death serious injury review panel. The bill requires 
courts in child protective proceedings to allow into the proceedings a person designated 
by a parent, custodian, caretaker or legal guardian.