An Act To Prevent Disclosure of Certain Identifying Information in Child Protective Proceedings (AFTER DEADLINE)
Maine Legislature, Session 123, LD 1864
Committee: Judiciary
Sponsors: HOBBINS
Amends: 22 MRSA §4007

Legislative Document 
No. 1864 
S.P.677 
April 24, 2007 
An Act To Prevent Disclosure of Certain Identifying Information in 
Child Protective Proceedings 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator HOBBINS of York. 
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 §4007, sub-§l-A is enacted to read: 
I-A. Nondisclosure of certain identifying information. This subsection governs 
the disclosure of certain identifying information. 
A. At each proceeding, the court shall inquire whether there are any court orders in 
effect at the time of the proceeding that prohibit contact between the parties and 
participants. If such an order is in effect at the time of the proceeding, the court shall 
keep records that pertain to the protected person's current or intended address or 
location confidential, subject to disclosure only as authorized in this section. Any 
records in the file that contain such information must be sealed by the clerk and not 
disclosed to other parties or their attorneys or authorized agents unless the court 
orders the disclosure to be made after a hearing in which the court takes into 
consideration the health, safety or liberty of the protected person and determines that 
the disclosure is in the interests of justice. 
B. If, at any stage of the proceedings, a party or a participant alleges in an affidavit 
or a pleading under oath that the health, safety or liberty of the person would be 
jeopardized by disclosure of information pertaining to the person's current or 
intended address or location, the court shall keep records that contain the information 
confidential, subject to disclosure only as authorized in this section. Upon receipt of 
the affidavit or pleading, the records in the file that contain such information must be 
sealed by the clerk and not disclosed to other parties or participants or their attorneys 
or authorized agents unless the court orders the disclosure to be made after a hearing 
in which the court takes into consideration the health, safety or liberty of the person 
seeking protection and determines that the disclosure is in the interests of justice. 
C. If the current or intended address or location of a party or participant is required 
to be kept confidential under paragraph A or B, and the current or intended address or 
location of that person is a material fact necessary to the proceeding, the court shall 
hear the evidence outside of the presence of the person and the person's attorney 
from whom the information is being kept confidential unless the court determines 
after a hearing that takes into consideration the health, safety or liberty of the 
protected person that the exclusion of the party or participant is not in the interests of 
justice. If such evidence is taken outside the presence of a party or participant, the 
court shall take measures to prevent the excluded person and the person's attorney 
from accessing the recorded information and the information must be redacted in 
printed transcripts. 
D. Records that are required to be maintained by the court as confidential under this 
subsection may be disclosed to: 
(1) A state agency if necessary to carry out the statutory function of that agency; 
(2) A guardian ad litem appointed to the case; or 
(3) A criminal justice agency, as defined by Title 16, section 611, if necessary to 
carry out the administration of criminal justice or the administration of juvenile 
justice, and such disclosure is otherwise permitted pursuant to section 4008. 
Page I - 123LR2541(Ol)-1 
In making such disclosure, the court shall order the party receiving the information to 
maintain the information as confidential. 
SUMMARY 
This bill requires the court in child protection proceedings to protect the 
confidentiality of information pertaining to the current address or location of a person 
when that person either has a current order prohibiting contact by another party to the 
proceeding or has alleged under oath that the health, safety or liberty of the person would 
be jeopardized by disclosure of the information.