An Act To Clarify Confidentiality in Child Protective Proceedings II
Maine Legislature, Session 123, LD 2161
Committee Amendment CA_A_S406 (Senate)

COMMITTEE AMENDMENT "A " to S.P. 828, L.D. 2161, Bill, "An Act To 
Clarify Confidentiality in Child Protective Proceedings" 
II 
Amend the bill by striking out everything after the Title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Legislature established February I, 2008 as the effective date of 
Public Law 2007, chapter 335 to provide sufficient time for the federal Department of 
Health and Human Services to review the provisions of Public Law 2007, chapter 335 to 
determine if there are inconsistencies between Maine information sharing authorizations 
and federal requirements; and 
Whereas, the Maine Department of Health and Human Services has yet to receive 
written notification whether Public Law 2007, chapter 335 is in compliance with federal 
requirements; and 
Whereas, the changes included in Public Law 2007, chapter 335 should be 
effectuated only if they are in compliance with federal requirements; and 
Whereas, the Legislature prefers to rely on written communication from the federal 
Department of Health and Human Services before taking action; 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 enacted by the People of the State of Maine as follows: 
Sec. 1. PL 2007, c. 335, §5 is amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A .. to S.P. 828, L.D. 2161 
I 
Sec. 5. Effective date. This Act takes effect February March I, 2008, except that 
section 4 of this Act, relating to the Maine State Plan, takes effect 90 days after 
adjournment ofthe First Regular Session of the 123rd Legislature. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill. 
This amendment replaces the emergency preamble and emergency clause to make the 
amended bill take effect when approved. 
This amendment delays the effective date of Public Law 2007, chapter 335 from 
II 
February 1, 2008 to March 1, 2008 to give the federal Department of Health and Human 
Services sufficient time to review the proposed changes in Maine law and provide a 
written explanation of whether the proposed changes are in compliance with federal 
requirements concerning the sharing of confidential information in child protective cases. 
FISCAl '\.('11; HF(Jl IRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 01/25/08 .wac 
LD 2161 
LR 3442(02) 
An Act To Clarify Confidentiality in Child Protective Proceedings 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
This bill delays the effective date of PL 2007, c. 335, enacted last session, until March 1, 2008, to allow for a federal 
government review of provisions that may violate federal confidentiality provisions and could result in the loss of 
federal funds. Any additional cost to the state's Department of Health and Human Services can be absorbed utilizing 
existing budgetary resources. 
LR3442(02) - Fiscal Note - Page 1 of 1