An Act To Repeal Certain Confidentiality Provisions in the Child Protective Laws
Maine Legislature, Session 123, LD 2233
Committee: Judiciary pursuant to Joint Order, S
Amends: 22 MRSA §4008

Legislative Document 
No. 2233 
S.P.863 
February 26,2008 
An Act To Repeal Certain Confidentiality Provisions in the Child 
Protective Laws 
(EMERGENCY) 
Reported by Senator HOBBINS of York for the Joint Standing Committee on Judiciary 
pursuant to Joint Order, S.P. 820 and ordered printed under Joint Rule 401. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
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Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, legislation that was enacted by Public Law 2007, chapter 335 and 
amended by Public Law 2007, chapter 473 will take effect March 1,2008; and 
Whereas, if the legislation takes effect, the State will be in violation of federal 
requirements pertaining to confidentiality provisions in the child protective laws; 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. 22 MRSA §4008, sub-§l, as amended by PL 2005, c. 300, §2, is further 
amended to read: 
1. Confidentiality of records and information. All department records that contain 
personally identifYing infonnation and are created or obtained in connection with the 
department's child protective activities and activities related to a child while in the care or 
custody of the department, and all information contained in those records, are confidential 
and subject to release only under the conditions of subsections 2 and 3. 
Within the department, the records are available only to and may be used only by 
appropriate departmental personnel and legal counsel for the department in carrying out 
their functions. 
Any person who receives department records or infonnation from the department may 
use the records or infonnation only for the purposes for which that release was intended. 
A persoH, iHeludiHg, but Hot limited to, a ehild, pareHt, eustodiaH or subjeet of a reeord, 
may Hot further dissemiHate aHY reeord or iHformatioH that perSOH reeeives from the 
departmeHt uHless the dissemiHatioH is otherwise allowed by la''''. 
Sec. 2. PL 2007, c. 335, §§ 1, 2 and 3, as affected by PL 2007, c. 473, § 1, are 
repealed. 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect March 1, 2008. 
SUMMARY 
The bill removes language due to take effect March I, 2008 that the federal 
Department of Health and Human Services has detennined violates federal confidentiality 
provisions. That language allows a parent or legal guardian to release information to any 
person if disclosure is intended to contribute to the person's understanding of the action 
being taken or the person's request for advocacy and support in a child protective action. 
This bill takes effect March I, 2008 to match the effective date of Public Law 2007, 
Page I - 123LR351l(OI)-1 
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chapter 335 as amended by Public Law 2007, chapter 473. This bill also repeals a 
sentence added by Public Law 2005, chapter 300 concerning the prohibition on further 
dissemination of records and information. Repeal of the sentence does not authorize any 
person to share a record or information that was received from the Department of Health 
and Human Services for any reason other than those already permitted by law.