Resolve, To Provide for an Independent Evaluation of the Procedures and Programs of the Department of Human Services for Promoting Permanency and Safety for Children
Maine Legislature, Session 123, LD 1396
Committee: Health and Human Services
Sponsors: WESTON, MARRACHE

Legislative Document 
No. 1396 
S.P.484 
March 14,2007 
Resolve, To Provide for an Independent Evaluation of the 
Procedures and Programs of the Department of Human Services for 
Promoting Permanency and Safety for Children 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Senator WESTON of Waldo. 
Cosponsored by Senator MARRACHE of Kennebec. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, ongoing reform efforts of the Department of Health and Human Services 
to promote the best interests of children in the department's care may have unintended yet 
serious collateral effects on individual children; and 
Whereas, this legislation requires an independent evaluation of the reform effort 
and must take effect before the expiration of the 90-day period so that individual children 
can be relieved of any unintended effects of the reform as soon as possible; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, be it 
Sec. 1. 
Independent evaluation of reforms. 
Resolved: 
That the 
Commissioner of Health and Human Services shall arrange for, oversee and evaluate the 
results of the following study and report. 
1. 
The Department of Health and Human Services shall engage an independent 
expert or organization, familiar with the principles and research regarding the care of 
children who require the services of the State to achieve or restore permanent family 
relationships and to ensure appropriate education, health and well-being, for the purposes 
of evaluating the effects on children of the department's recent reforms of its programs 
and services for such children. The evaluator must be authorized to act independently of 
the department's staff assigned to such programs and services and must be given access 
and authority to interview staff and management of the department in a manner that 
assures interviewees that they will not be identified in any reports to the department or 
the Legislature. 
The evaluator shall also gather and consider the information and 
opinions of affected children and their families as well as those who provide residential 
and nonresidential services to meet the needs of affected children. The objective of the 
evaluation must be to ensure that the best interests of each child served by the department 
are served by the implementation of needed reforms in the child welfare system and that 
adequate provision for each child's safety and well-being is made when plans are 
developed and carried out for each placement, discharge or other significant transition 
reSUlting from a decision made by or on behalf of the department. 
2. In preparing for and carrying out the evaluation described in subsection 1, the 
commissioner shall convene a working group consisting of at least 3 providers of 
children's services and 3 persons experienced in advocacy for the interests of children to 
assist in the selection of the evaluator and to provide information and suggestions 
regarding the scope and design of the evaluation. 
At least one of the provider 
representatives must currently be affiliated with a provider of residential children's 
servIces. 
3. By July 15,2007, the department shall report to the Joint Standing Committee on 
Health and Human Services on the findings reported to the commissioner in the course of 
Page I - 123LR2249(Ol)-1 
the evaluation authorized by this section. If the evaluation and report are not final at that 
time, the department shall provide a progress report and confer with the committee 
regarding an appropriate date for a final report. The progress report must, at a minimum, 
describe the methods being employed in the evaluation, identifY the person or entity 
performing it and describe interim findings, if any. The final report must summarize the 
findings of the evaluation in light of its objective and must include the commissioner's 
recommendations for any changes in the department's programs or practices that the 
commissioner considers necessary as a result of the findings of the evaluator; and be it 
further 
Sec. 2. 
Implementing legislation. Resolved: 
That, following receipt and 
I I 
evaluation of the final report described in section I, the Joint Standing Committee on 
Health and Human Services may submit to the First Regular Session of the 123rd 
Legislature such recommended legislation as may be necessary to accomplish the 
objectives addressed in the reports; and be it further 
Sec. 3. 
Existing resources. 
Resolved: 
That the independent evaluation 
described in section I must be completed within existing resources of the Department of 
Health and Human Services. 
Emergency clause. In view of the emergency cited in the preamble, this legislation 
takes effect when approved. 
SUMMARY 
This resolve requires the Department of Health and Human Services, within existing 
resources, to contract with an independent expert or organization to study the effects of 
recent child care program reforms to ensure that each child's best interests are being 
protected and that adequate provision for each child's safety and well-being is made in the 
plans developed for each placement, discharge or other transition resulting from a 
decision made regarding the child by or on behalf of the department. The department is 
directed to submit its findings and any necessary implementing legislation to the Joint 
Standing Committee on Health and Human Services.