An Act To Authorize the DepartJaent of Health and H1Iman Services To Investigate Suspicious Deaths of Children
Maine Legislature, Session 123, LD 2000
Committee: Health and Human Services
Sponsors: HASTINGS, CONNOR
Amends: 22 MRSA §4002, 22 MRSA §4004, 22 MRSA §4, 22 MRSA §4094, 22 MRSA §4011, 22 MRSA §4011-A, 22 MRSA §4021

Legislative Document 
No. 2000 
S.P.794 
December 18, 2007 
An Act To Authorize the DepartJaent of Health and H1Iman Services 
To Investigate Suspicious Deaths of Children 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 18, 2007. Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed. 
Presented by Senator HASTINGS of Oxford. 
Cosponsored by Representative CONNOR of Kennebunk. 
Printccl on recyclccl 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 §4002, sub-§12 is enacted to read: 
12. Suspicious child death. "Suspicious child death" means the death of a child 
under circumstances in which there is reasonable cause to suspect that abuse or neglect 
was a caJlSe of or factor contributing to the child's death. 
Sec. 2. 22 MRSA §4004, sub-§l, ~, as amended by PL 1993, c. 294, §1, is 
further amended to read: 
D. 
Establishing and maintaining a Child Protective Services Contingency Fund to 
provide temporary assistance to families to help them provide proper care for their 
children; ftREI 
II 
Sec. 3. 22 MRSA §4004, sub-§l, ~, as tmacted by PL 1993, c. 294, §2, is 
amended to read: 
E. 
Establishing a child death and serious injury review panel for reviewing deaths 
and serious injuries to children. The panel consists of the following members: the 
Chief Medical Examiner, a pediatrician, a public health nurse, forensic and 
community mental heahh clinicians, law enforcement officers, departmental child 
welfare staff, district attorneys and criminal or civil assistant attorneys general. 
The purpose of the panel is to recommend to state and local agencies methods of 
improving the child protection system, including modifications of statutes, rules, 
policies and procedures-.; and 
Sec. 4. 22 MRSA §4OD4, lub-§l, '!IF is enacted to read: 
F. Investigating suspicious child deaths. 
Sec. 5. 22 MRSA §4094, sub-§2, ~A, as enacted by PL 1979, c. 733, § 18, is 
amended to read: 
A. 
Receive reports of abuse and neglect and suspicious child deaths; 
Sec. 6. 22 MRSA §4004, sub-§2, ~,as amended by PL 1991, c. 824, Pt. A, 
§45, is further amended to read: 
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B. 
Promptly investigate all abuse and neglect cases and suspicious child deaths 
coming to its attention 
or~ in the case of out-of-home abuse and neglect 
investigations, the department shall act in accordance with subchapter ~ 
II-A; 
Sec. 7. 22 MRSA §4004, 'sub-§2, ~ 
as enacted by PL 2001, c. 559, Pt. CC, §l, 
is amended to read: 
E. 
If, after investigation, the department does not file a petition under section 4032 
but does open a case to provide services to the family to alleviate child abuse and 
neglect in the home, assign a caseworker, who shall: 
Page I - 123LR3193(Ol)-1 
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. (1) Provide infonnation about rehabilitation and other services that may be 
available to assist the family; and 
(2) Develop with the family a written child and family plan. 
The child and family plan must identify the problems in the family and the 
services needed to address those problems; must describe responsibilities for 
completing the services, including, but not limited to, payment for services, 
transportation and child care services and responsibilities for seeking out and 
participating in services; and must state the names, addresses and telephone 
numbers of any relatives or family friends known to the department or pa'i'ent to 
be av~ilable as resources to the family. 
The child and family plan must be reviewed every 6 months, or sooner if 
requested by the family or the department; afKl 
Sec. 8. 22 MRSA §4004, sub-§2, W, as enacted by PL 2001, c. 559, Pt. CC, §l, 
is amended to read: 
F. 
File a petition under section 4032 if, after investigation, the department 
detennines that a child is in immediate risk of serious harm or in jeopardy as defined 
in this chapter~ ; and 
Sec. 9. 22 MRSA §4004, suh-§~ ,G is enacted to read: 
G. In the case of a suspicious child death, determine: 
(1) Whether abuse or neglect was a cause or factor contributing to the child's 
death; and 
(2) The degree of threatened harm to any other child for whom the person or 
persons responsible for the deceased child may be responsible now or in the 
future. 
Sec. 10. 22 MRSA §4011-~ slIb-§1, as amended by PL 2003, c. 599, §8 and 
affected by §§9 and 14, is further amended to read: 
1. Required report to department. The following adult persons shall immediately 
report or cause a report to be made to the department when the person knows or has 
reasonable cause to suspect that a child has been or is likely to be abused or neglected Q[ 
that a suspicious child death has occurred: 
A. 
When acting in a professional capacity: 
(1) An allopathic or osteopathic physician, resident or intern; 
(2) An emergency medical services person; 
(3) A medical examiner; 
(4) A physician's assistant; 
(5) A dentist; 
(6) A dental hygienist; 
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(7) A dental assistant; 
(8) A chiropractor; 
(9) A podiatrist; 
(10) A registered or licensed practical nurse; 
(II) AJeacher; 
(12) A guidance counselor; 
(13) A school official; 
(14) A children's summer camp administrator or counselor; 
(15) A social worker; 
(16) A court-appointed special advocate or guardian ad litem for the child; 
(17) A homemaker; 
(18) A home health aide; 
(19) A medical or social service worker; 
(20) A psychologist; 
(21) Child care personnel; 
(22) A mental heahh professional; 
(23) A law enforcement official; 
(24) A state or municipal fire inspector; 
(25) A municipal code enforcement official; 
(26) A commercial film and photographic print processor; 
(27) 
A clergy member acquiring the information as a result of clerical 
professional work except for information received during confidential 
communications; 
(28) 
A chair of a professional licensing board that has jurisdiction over 
mandated reporters; and 
(29) A humane agent employed by the Department of Agriculture, Food and 
Rural Resources; 
B. 
Any person who has assumed full, intermittent or occasional responsibility for 
the care or custody of the child, regardless of whether the person receives 
compensation; and 
C. 
Any person affiliated with a church or religious institution who serves in an 
administrative capacity or has otherwise assumed a position of trust or responsibility 
to the members of that church or religious institution, while acting in that capacity, 
regardless of whether the person receives compensation. 
Whenever a person is required to report in a capacity as a member of the staff of a 
medical or public or private institution, agency or facility, that person immediately shall 
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notify either the person in charge of the institution, agency or facility or a designated 
agent who then shall cause a report to be made. The staff also may make a report directly 
to the department. 
Sec. 11. 22 MRSA §4011-A, sub-§2, as enacted by PL 2001, c. 345, §5, is 
amended to read: 
2. Required report to district attorney. When, while acting in a professional 
capacity, any person required to report under this section knows or has reasonable cause 
to suspect that a child has been abused or neglected by a person not responsible for the 
child or that a suspicious child death has been caused by a person not responsible for the 
child, the person immediately shall report or cause a report to be made to the appropriate 
district attorney's office. 
Sec. 12. 22 MRSA §4011-A, sub-§3, as enacted by PL 2001, c. 345, §5, is 
amended to read: 
3. Optional report. Any person may make a report if that -person knows or has 
reasonable cause to suspect that a child has been or is likely to be abused or neglected or 
that there has been a suspicious child death. 
Sec. 13. 22 MRSA §4011-A, sub-§4, as enacted by PL 2001, c. 345, §5, is 
amended to read: 
4. Mental health treatment. When a licensed mental health professional is required 
to report under subsection 1 and the knowledge or reasonable cause to suspect that a child 
has been or is likely to be abused or neglected or that a suspicious child death has 
occurred comes from treatment of a person responsible for the abuse &1' .. neglect or death, 
the licensed mental health professional shall report to the department in accordance with 
subsection 1 and under the following conditions. 
A. 
The department sha1l consult with the licensed mental health professional who 
has made the report and shaH attempt to reach agreement with the mental health 
professional as to how the report is to be pursued. If agreement is not reached, the 
licensed mental health professional may request a meeting under paragraph B. 
B. 
Upon the request of the licensed mental health professional who has made the 
report, after the department has completed its investigation of the report under section 
4021 or has received a preliminary protection order under section 4034 and when the 
department plans to initiate or has initiated a jeopardy order under section 4035 or 
plans to refer or has referred the report to law enforcement officials, the department 
shall convene at least one meeting of the licensed mental health professional who 
made the report, at least one representative from the department, a licensed mental 
health professional with expertise in child abuse or neglect and a representative of the 
district attorney's office having jurisdiction over the report, unless that office 
indicates that prosecution is unlikely. 
C. 
The persons meeting under paragraph B shall make recommendations regarding 
treatment and prosecution of the person responsible for the abuse &1' .. neglect or death. 
The persons making the recommendations shall take into account the nature, extent 
and severity of abuse or neglect, the safety of the child and the community and needs 
of the child and other family members for treatment of the effects of the abuse or 
neglect and the willingness of the person responsible for the abuse Sf, neglect or 
death to engage in treatment. The persons making the recommendations may review 
or revise these recommendations at their discretion. 
The intent of this subsection is to encourage offenders to seek and effectively utilize 
treatment and, at the same time, provide any necessary protection and treatment for the 
child and other family members. 
Sec. 14. 22 MRSA §4021, sub-§I, ~A, as amended by PL 1993, c. 294, §5, is 
further amended to read: 
A. 
Issue subpoenas requiring persons to disclose or provide to the department 
information or records in their possession that are necessary and relevant to an 
investigation of a report of suspected abuse or neglect or suspicious child death, to a 
subsequent child protection proceeding or to a panel appointed by the department to 
review child deaths and serious injuries. 
(1) The department may apply to the District Court to enforce a subpoena. 
(2) A person who complies with a subpoena is immune from civil or criminal 
liability that might otherwise result from the act of turning over or providing 
information or records to the department; and 
See. 15. 22 MRSA §4021, sub-§l,~, as enacted by PL 1979, c. 733, §18, is 
amended to read: 
B. 
Obtain nonconviction data and other criminal history record information under 
Title 16, seetioR 611, et seq., whieh he seems chapter 3, subchapter 8 that the 
commissioner, the commissioner's delegate or the legal counsel for the department 
considers relevant to an abuse or neglect case or the investigation of a suspicious 
child death. 
SUMMARY 
This bill authorizes the Department of Health and Human Services to investigate 
suspicious child deaths in the same manner as suspected child abuse or neglect and 
requires the same mandatory reporters of child abuse and neglect also to report any 
suspicious child deaths. 
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