An Act To Invest in Maine's Young Children
Maine Legislature, Session 123, LD 2311
Amends: 5 MRSA §240, 10 MRSA §1026-M

Legislative Document 
No. 2311 
H.P.1671 
House of Representatives, April 8,2008 
An Act To Invest in Maine's Young Children 
Reported by Representative PERRY of Calais for the Joint Standing Committee on Health 
and Human Services pursuant to Resolve 2007, chapter 136. 
Printed un recycled p:1per 
!rJ~ 
1J?1J?d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 5 MRSA§12004-J, sub-§16 is enacted to read: 
16. 
Children 
Maine Children's 
Growth Council 
Legislative Per 
Diem and 
Expenses for 
Legislators and 
for certain 
members 
Sec. A-2. 5 MRSA Pt. 30 is enacted to read: 
PART 30 
INVESTMENT IN YOUNG CHILDREN 
CHAPTER 621 
OFFICE OF THE CHILD ADVOCATE 
§2400 1. Office of the Child Advocate 
MRSA §240 1 0 
The Office of the Child Advocate, referred to in this chapter as "the Child Advocate," 
is established as described in this section to provide ongoing, coordinated advocacy on 
behalf of young children. For the purposes of this chapter, "young children" means 
children from birth through 5 years of age. 
1. Child Advocate. The Child Advocate shall operate by a competitively awarded 
contract with a nonprofit organization that the Department of Health and Human Services 
determines is best able to perform the duties of the office. The Child Advocate shall 
dedicate its work to ensuring the best possible start in life for young children in the State, 
setting as priorities: 
A. 
Public policies and partnerships that maximize the cost-effectiveness and 
efficiency of the State's investment in young children and eliminate duplication of 
programs, services and administrative structures; and 
B. 
Increased access to high-quality early care and education programs and services 
that meet the evolving needs of and strengthen the State's children and families. 
2. Duties. The duties of the Child Advocate include, but are not limited to: 
Page I - 123LR3623(Ol)-1 
A. 
Providing advocacy and representation regarding state policy, administrative 
structures and service delivery models, identification of unmet needs of children and 
families and proposals affecting young children, including legislation, agency rules 
and budget proposals; 
B. Researching and undertaking data collection; 
C. Reviewing legislative studies and the recommendations of advisory committees 
related to young children and the Children's Cabinet; 
D. Advising the Maine Children's Growth Council, established in section 12004-J, 
subsection 16, regarding its long-term plan for investment in the healthy development 
of young children; 
II 
E. Creating and updating a business plan for early childhood investment tailored to 
the specifics of the economy and demographics of the State that builds on an 
assessment of needs and provides opportunities for public-private partnerships; 
F. Serving as an early childhood information clearinghouse for the State; and 
G. Documenting and raising public awareness of the connections between economic 
growth and investment in early care and education. 
3. 
Research and evaluation. 
The Child Advocate shall provide for ongomg 
evaluation of the effects of public investment on programs and services to benefit young 
children and their families through a long-term research program provided through 
contracted services with an independent entity that matches funding provided by the 
Child Advocate with funding from other sources in an equal amount. The research 
program must include: 
A. Analysis and statistical estimation of program impacts, quantification of the costs 
and benefits of public expenditures and documentation of the effects of investments 
on children, parents, government revenue and expenditures and the economy 
statewide; 
B. A longitudinal database of child and family outcomes and economic and fiscal 
impact; 
C. 
Regular consultation with the Child Advocate, the Maine Children's Growth 
Council established in section 12004-J, subsection 16, agencies implementing new 
programs or investments in young children and their families regarding data 
collection needs and design and processes to ensure the validity of the research and 
documentation of program effects; and 
D. Submission of reports to the joint standing committee of the Legislature having 
jurisdiction over appropriations and financial affairs and the joint standing committee 
of the Legislature having jurisdiction over health and human services matters midway 
through the contract period and 30 days prior to the end of the contract. 
4. Reports. The Child Advocate shall submit an annual report of the activities and 
accomplishments of the Child Advocate to the Department of Health and Human 
Services, the Governor and the Legislature by December 15th of each year and may 
submit other reports the Child Advocate determines to be appropriate. 
5. Records. The records of the Child Advocate are public records for the purposes 
of the State's freedom of access laws. 
CHAPTER 623 
MAINE CHILDREN'S GROWTH COUNCIL 
§24010. Maine Children's Growth Council 
1. Definitions. As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Council" means the Maine Children's Growth Council established in subsection 
2. 
B. "Young children" means children from birth through 5 years of age. 
II 
2. Establishment. The Maine Children's Growth Council, as established in section 
12004-J, subsection 16, is created to develop, maintain and evaluate a plan for sustainable 
social and financial investment in healthy development of the State's young children and 
their families. 
3. Membership. The council consists of 27 members who must have a strong 
interest in early childhood and early care and education and must be influential in their 
communities: 
A. Two members of the Senate, one from each of the 2 political parties having the 
greatest number of members in the Senate, appointed by the President of the Senate; 
B. Two members of the House of Representatives, one from each of the 2 political 
parties having the greatest number of members in the House, appointed by the 
Speaker of the House; 
C. 
The Governor or the Governor's designee and the Attorney General or the 
Attorney General's designee; 
2S 
D. Three parents. at least one of whom has a young child, one each appointed by the 
Governor, the President of the Senate and the Speaker of the House; 
E. Two persons with experience in public funding and philanthropv, appointed by 
the President of the Senate; 
F. One person representing child abuse and neglect prevention, appointed by the 
Speaker ofthe House; 
G. One person representing postsecondary education, appointed by the Governor; 
H. 
Eight persons representing statewide, membership or constituent organizations 
that advance the well-being of young children and their families, nominated by their 
organizations and appointed by the Governor, of whom: 
(1) Three must represent statewide organizations or associations involved in 
early care and education programs, child care centers, Head Start programs, 
family child care providers, resource development centers, programs for school-
age children, child development services, physicians and child advocacy. 
(2) One must represent a law enforcement organization involved with children; 
(3) One must represent an organization that works on community organization 
and mobilization; 
(4) One must represent public health; 
(5) One must represent the Maine Economic Growth Council; and 
(6) One must represent a labor organization. 
I. One person representing a statewide association of business and industry and one 
person representing a business roundtable on early childhood investment, appointed 
II 
by the Governor; 
J. One member of the public, appointed by the Governor; and 
K. Three ex-officio, nonvoting members: the Commissioner of Education or the 
commissioner's designee, a Department of Health and Human Services employee 
who works with early childhood programs including Head Start and a person 
representing the office within the Department of Health and Human Services that is 
the fiscal agent for the federal grant program for comprehensive early childhood 
initiatives. 
4. Terms of appointment. Except for ex-officio members, members of the council 
are appointed for terms of 3 years. Members who are Legislators are appointed for the 
duration of the legislative terms in which they were appointed. Members who are not 
Legislators may serve beyond their designated terms until their successors are appointed. 
5. Cochairs. The Governor shall appoint cochairs for the council. 
6. Quorum; meetings. Thirteen members of the council constitute a quorum. The 
council may meet as often as necessary but shall meet at least 6 times a year. A meeting 
may be called by a cochair or by any 5 members. 
7. Compensation. Members of the council serve without compensation for their 
services, except that parents appointed under subsection 3, paragraph D who are not 
reimbursed by another organization may receive mileage reimbursement and a per diem 
to cover related costs such as child care, and legislators are entitled to receive the 
legislative per diem, as defined in Title 3, section 2, and reimbursement for travel and 
other necessary expenses for attendance at authorized meetings of the council. 
8. Staffing; funding. The council may hire staff as necessary for its work and as 
resources permit. The council may accept grant funding and other funding as may be 
available for the work of the council. The Department of Health and Human Services 
shall act as fiscal agent for the council. 
9. Logo. The council may develop, adopt and publicize a logo or slogan to identify 
its work. 
§24011. Duties 
1. Duties. The duties of the council include, but are not limited to: 
A. Reviewing and addressing recommendations of legislative studies and advisory 
committees regarding young children and the Children's Cabinet; 
B. 
Adopting and updating a long-term plan for investment in the healthy 
development of young children that will achieve sustainable social and financial 
investment in the healthy development of young children and their families. 
(1) In adopting and updating the plan the council shall consult and coordinate 
with members of the public, the Children's Cabinet, the Department of Education, 
the Department of Health and Human Services and advocates, community 
agencies and providers of early care and education and services to children and 
their families; monitor and evaluate progress in accomplishing the plan's vision, 
goals and performance indicators and best practice research; and consider the 
changing economic and demographic conditions and the effect of investments on 
economic growth and productivity. 
(2) The plan must include strategies: 
(a) To create and sustain a unified, statewide early childhood services system 
that provides essential resources for children, shares common standards for 
quality, respects the diversity and uniqueness of young children and their 
families, reflects a commitment to sustainable growth, includes family 
representation, recognizes the importance of child care in sustaining 
employment for parents and recognizes the value of new forms of 
cooperation among government, business and society in achieving the goals 
of the plan; and 
(b) 
For overall investment and prioritization of early childhood and 
education programs, services and initiatives and to address workforce 
education and training issues, utilization of community partners across the 
state and investments in technology and infrastructure; and 
C. Reporting by January 15, 2010 and every 2 years thereafter to the Department of 
Health and Human Services, the Governor, the Children's Cabinet and the Legislature 
on the activities and accomplishments of the council and its long-term plan for 
investment in the healthy development of young children, and issuing such other 
reports as the council determines to be appropriate. 
§24012. Records and meetings 
1. Public records and meetings. The records of the council are public records and 
meetings of the council are public meetings for the purposes of the State's freedom of 
access laws. 
Sec. A-3. Needs assessment; research. The Office of the Child Advocate, 
established pursuant to the Maine Revised Statutes, Title 5, section 24001, shall enter into 
a contract with an independent organization to carry out research to evaluate the effect of 
public investment in programs and services to benefit young children and their families 
during fiscal year 2009-10. 
The Office of the Child Advocate shall complete a comprehensive statewide needs 
assessment of the early childhood system during state fiscal years 2008-09 and 2009-10 
through a contract with an independent organization. 
1. At a minimum, the needs assessment must document the supply of and need for 
early care and education services for children from birth through 5 years of age, identify 
priorities for addressing unmet needs and document the needs of the child care workforce. 
The needs assessment must include a direct survey of families with a child under one year 
of age for the purpose of identifying emerging needs. The needs assessment must require 
consultation and coordination with state agencies and other entities, including but not 
limited to the Office of the Child Advocate, the Maine Children's Growth Council, the 
Children's Cabinet and the Child Care Advisory Council. 
2. 
By December 1, 2009 the needs assessment report must be submitted to the 
Governor and to the joint standing committee of the Legislature having jurisdiction over 
health and human services matters, which may submit a bill to the 124th Legislature 
related to the findings of the needs assessment. 
Sec. A-4. Initial appointments to the Maine Children's Growth Council. 
In making the initial appointments to the Maine Children's Growth Council established 
pursuant to the Maine Revised Statutes, Title 5, chapter 623, the appointing authorities 
shall consider for appointment the persons who serve on the Children's Cabinet Task 
Force on Early Childhood. 
PART B 
Sec. B-1. 10 MRSA §1026-M, suh-§6, ~C, as amended by PL 1999, c. 401, Pt. 
000, §2, is further amended to read: 
C. 
The authority and each corporation shall establish interest rates, amortization 
schedules and repayment terms for each borrower, except that loans may not be for a 
term longer than 20 years and: 
(1) Loans to a quality child care project may not must bear a rate of interest tflat, 
,,,,,hen added to the commitment fee and administrative and technical assistance 
cost, is less than 6% or exceeds the prime rate of interest equal to 3%, not 
including any administrative costs or fees; or 
(2) Loans to any other eligible borrower may not bear a rate of interest greater 
than the prime rate of interest plus 7%. 
Sec. B-2. 22 MRS A §262 is enacted to read: 
§262. Home visiting 
1. Voluntary universal home visiting program. The department, as permitted by 
the availability of funds, shall offer a voluntary universal home visiting program for new 
families with children from the prenatal stage of development through 5 years of age, 
I 
regardless of family income level. 
The home visiting program must incorporate the 
following principles: 
A. Healthy and strong parent-child attachment; 
B. Physical and behavioral health of the family; 
C. Reduced incidence of child abuse and neglect; 
D. Positive and creative learning environments for the child; 
E. Effective and positive parenting; 
F. Parental competencies and self-confidence; 
G. Reducing family isolation through community linkages; 
H. School readiness; and 
II 
I. Family self-sufficiency. 
Sec. B-3. 
Public education; simplification of application. 
The Finance 
Authority of Maine shall undertake a public education campaign to increase the level of 
awareness of loans available for improvements to the physical site of child care facilities 
granted under the Regional Economic Development Revolving Loan Program and shall 
simplify the application to be submitted by those seeking loans under this program. By 
January 15, 2009, the Finance Authority of Maine shall report to the joint standing 
committee of the Legislature having jurisdiction over health and human services matters 
outlining the campaign and the simplification of the application. 
Sec. B-4. Quality child care education and scholarship program. The 
Finance Authority of Maine shall amend rules governing the quality child care education 
and scholarship program as established by the Maine Revised Statutes, Title 20-A, 
section 11670 to increase the amount of funding available for scholarships as provided in 
this Act and the amount distributed per course and to increase the annual maximum 
disbursement from $2,000 to $3,000. Rules adopted pursuant to this section are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. B-S. Review of unification of policies governing child care subsidies. 
The Department of Health and Human Services shall report to the joint standing 
committee of the Legislature having jurisdiction over health and human services matters 
by January 15, 2009 regarding the benefits, cost-effectiveness and effect on families of 
unifying the policies governing child care subsidies granted by Temporary Assistance to 
Needy Families and the Office of Child Care and Head Start. The report may include 
recommendations, and legislation if appropriate, that will encourage the use of high-
quality child care providers by families receiving these subsidies. 
Sec. B-6. Regional collaboration coaches for prekindergarten programs. 
The Department of Education, in collaboration with the Department of Health and 
Human Services, shall employ 4 regionally assigned community collaboration coaches to 
facilitate the development of locally designed comprehensive quality early childhood 
systems among prekindergarten programs as recommended by the Commission to 
Develop a Strategic Priorities Plan for Maine's Young Children established pursuant to 
Resolve 2007, chapter 136. 
Sec. B-7. Appropriations and allocations. The following appropriations and 
allocations are made. 
FINANCE AUTHORITY OF MAINE 
FHM - Public Education Campaign N045 
Initiative: Allocates ongoing funds beginning in fiscal year 2008-09 for a public 
education campaign to increase the awareness of loans available for improvements to the 
physical site of child care facilities granted under the Regional Economic Development 
Revolving Loan Program. 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FOR A HEALTHY MAINE TOTAL 
FHM - Quality Child Care 0952 
2007-08 
$0 
$0 
2008-09 
$10,000 
$10,000 
Initiative: Allocates funds to increase the amount of funding available for the Quality 
Child Care Education Scholarship Fund. 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FOR A HEALTHY MAINE TOTAL 
FINANCE AUTHORITY OF MAINE 
DEPARTMENT TOTALS 
FUND FOR A HEALTHY MAINE 
DEPARTMENT TOTAL-ALL FUNDS 
2007-08 
$0 
$0 
2007-08 
$0 
$0 
2008-09 
$200,000 
$200,000 
2008-09 
$210,000 
$210,000 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
FHM - Head Start 0959 
Initiative: Allocates funds to help fund the costs of the establishment of collaboration 
coaches to facilitate the development of locally designed comprehensive quality early 
childhood systems among prekindergarten programs. 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FOR A HEALTHY MAINE TOTAL 
FHM - Office of the Child Advocate N043 
2007-08 
$0 
$0 
2008-09 
$24,500 
$24,500 
Initiative: Allocates funds for the Office of the Child Advocate to provide ongoing, 
coordinated advocacy on behalf of young children from birth though 5 years of age. 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FOR A HEALTHY MAINE TOTAL 
FHM - Office of the Child Advocate N043 
2007-08 
$0 
$0 
2008-09 
$115,000 
$115,000 
Initiative: Allocates funds for the costs of a comprehensive statewide needs assessment of 
the early childhood system. 
FUND FOR A HEALTHY MAINE 
All Other 
FUND FORA HEALTHY MAINE TOTAL 
FHM - Office of the Child Advocate N043 
2007-08 
$0 
$0 
2008-09 
$70,000 
$70,000 
Initiative: Allocates funds to purchase economic analysis services for research projects. 
FUND FOR A HEAL THY MAINE 
All Other 
FUND FOR A HEALTHY MAINE TOTAL 
Maine Children's Growth Council N044 
2007-08 
$0 
$0 
2008-09 
$30,000 
$30,000 
Initiative: Provides a base allocation in the event that funds are received to fund the work 
ofthe Maine Children's Growth Council. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
2007-08 
$0 
2008-09 
$500 
OTHER SPECIAL REVENUE FUNDS TOTAL 
$0 
$500 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY DHS) 
DEPARTMENT TOTALS 
2007-08 
2008-09 
FUND FOR A HEALTHY MAINE 
$0 
$239,500 
OTHER SPECIAL REVENUE FUNDS 
$0 
$500 
DEPARTMENT TOTAL-ALL FUNDS 
$0 
$240,000 
LEGISLATURE 
Legislature 0081 
Initiative: Allocates funds for the per diem and expenses of legislative members of the 
Maine Children's Growth Council. 
OTHER SPECIAL REVENUE FUNDS 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
LEGISLATURE 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
SECTION TOTALS 
FUND FOR A HEALTHY MAINE 
OTHER SPECIAL REVENUE FUNDS 
SECTION TOTAL - ALL FUNDS 
2007-08 
2008-09 
$0 
$1,320 
$0 
$1,200 
$0 
$2,520 
2007-08 
2008-09 
$0 
$2,520 
$0 
$2,520 
2007-08 
2008-09 
$0 
$449,500 
$0 
$3,020 
$0 
$452,520 
SUMMARY 
This bill is a committee bill from the majority of the committee. The bill establishes 
the Office of the Child Advocate through contracted services for the purpose of ongoing, 
coordinated advocacy on behalf of young children. It establishes the Maine Children's 
Growth Council to develop, maintain and evaluate a long-term plan for investment in the 
healthy development of Maine's young children and their families and to review and 
address recommendations of studies and advisory committees and the Children's Cabinet. 
The bill provides for a research and evaluation contract and a needs assessment contract. 
The bill changes the rate of interest on quality child care project loans, requires the 
Department of Health and Human Services to offer voluntary universal home visiting for 
II 
new families as permitted by the availability of funds and requires the Finance Authority 
of Maine to undertake a public education campaign regarding the availability of loans for 
child care facilities. The bill provides increased funding for quality child care education 
scholarships, requires a report on the benefits, cost-effectiveness and effect on families of 
unifying policies governing child care subsidies and provides funding for regional 
collaboration coaches for prekindergarten programs. In making the initial appointments 
to the Maine Children's Growth Council, the bill requires the appointing authorities to 
consider for appointment persons who serve on the Children's Cabinet Task Force on 
Early Childhood. 
FISCAL NOTE REQUIRED 
(See attached) 
Approved: 04/07/08 frac 
Net Cost (Savings) 
Fund for a Healthy Maine 
A P P ro p riatio nsf Allocatio ns 
Fund for a Healthy Maine 
Other Special Revenue Funds 
Legislative Cost/Study 
LD 
J. 5 J I 
LR 3623(01) 
An Act To Invest in Maine's Young Children 
Fiscal Note for Original Bill 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
2007-08 
$0 
$0 
$0 
2008-09 
$449,500 
$449,500 
$3,020 
Projections 
2009-10 
$414,500 
$414,500 
$3,020 
Projections 
2010-11 
$414,500 
$414,500 
$3,020 
This legislation includes an annual Other Special Revenue Funds allocation to the Legislature of $2,520 beginning in 
fiscal year 2008-09 for the per diem and expenses of legislators in the event grant funding or other funds arc received 
to support the Maine Children's Growth Concil. 
Fiscal Detail and Notes 
This bill includes total ongoing Fund for a Healthy Mainc allocations of $210,000 per year beginning in fiscal year 
2008-09 to the Finance Authority of Maine (FAME). Of that amount, $200,000 is allocated to the Quality Child Care 
Education and Scholarship Program within FAME to increase the amount offunding available for scholarships. An 
additional $10,000 per year is allocated to a Public Education Campaign Program within FAME to increase the 
awareness of loans available for improvements to the physical site of child care facilities granted under the Regional 
Economic Development Revolving Loan Program. 
The bill also includes Fund for a Healthy Maine allocations in 2008-09 for the newly created Office of the Child 
Advocate including: $1 15,000 to provide ongoing, coordinated and systemic advocacy on behalf of young children 
from birth though 5 years of age; $70,000 for the one-time costs of a comprehensive statewide needs assessment of the 
early childhood system; and $30,000 to purchase economic analysis services for research projects. Also provides a 
base allocation of $500 in the event that funds are received to fund the work of the newly created Maine Children's 
Growth Council. 
LR3623(01) - Fiscal Note - Page I of2 
Additional costs to the Financial Authority of Maine associated with reducing the interest rate in the Regional 
Economic Development Revolving Loan Program and with simplifying the loan application can be absorbed within 
existing budgeted resources. 
Additional costs associated with serving on the Maine Children's Growth Council can be absorbed by the Attorney 
General, the Department of Education and the Maine Economic Growth Council utilizing existing budgeted resources. 
LR3623(OI) - Fiscal Note - Page 2 of 2