An Act To Clarify Child Abuse and Neglect Information Disclosure
Maine Legislature, Session 124, LD 0162
Committee: Health and Human Services
Sponsors: CASAVANT, DILL
Amends: 22 MRSA §4008, 22 MRSA §4008-A

FIRST REGULAR SESSIOr~-2009 
Legislative Document 
No. 162 
H.P.141 
House of Representatives, January 20,2009 
An Act To Clarify Child Abuse and Neglect Information Disclosure 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative CASAVANT of Biddeford. 
Cosponsored by Representative DILL of Cape Elizabeth. 
Printed on recycled pnpl!r 
'77lj;;~d /11. 77lu:1~{ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §4008, slllb-§3, ~A-l, as enacted by PL 2005, c. 300, §9, is 
amended to read: 
A-I. The court-appointed guardian ad litem, visitor or attorney of a child who is the 
subject of a court proceeding involving parental rights and responsibilities, 
grandparent visitation, custody, guardianship or involuntary commitment. The access 
of the guardian ad litem, visitor or attorney to the records or information under this 
paragraph is limited to reviewing the records in the offices of the depaltment. Any 
other use of the information or records during the proceeding in which the guardian 
lOad litem. visitor or attorney is appointed is governed by paragraph B; 
II 
Sec. 2. 
MRSA §4008-A, slllb-§l, as enacted by PL 1997, c. 328, § I, IS 
amended to read: 
1. 
Disclosure permitted. 
Notwithstanding any other provIsIon of law, the 
commissioner, with the advice of the Attorney General, may disclose information as set 
IS 
forth in this section regarding the abuse or neglect of a child and the investigation of and 
any services related to the abuse and neglect if the commissioner determines that such 
disclosure is not contrary to the best interests of the child, the child's siblings or other 
children in the household and anyone of the following factors is present: 
A. The alleged perpetrator of the abuse or neglect has been charged with committing 
a crime related to the allegation of abuse or neglect maintained by the department; 
B. A judge, a law enforcement agency official, a district attorney or another state or 
local investigative agency or official has publicly disclosed, as required by law in the 
performance of official duties, the provision of child welfare services or the 
investigation by child welfare services of the abuse or neglect of the child; or 
C. An individual who is the parent, custodian or guardian of the victim or a child 
victim over 14 years of age has made a prior knowing, voluntary, public disclosure~ 
Sf.:. 
D. 
The chilo nAmeo in the fenort hAS oied. 
Sec. 3. 22 MRSA §4008-A, sub-§l-A is enacted to read: 
I-A. Disclosure reguired. The commissioner shall make public disclosure of the 
findings or information pursuant to this section in situations where child abuse or neglect 
results in a child fatality or near fatality, with the exception of circumstances, as 
determined with the advice of the Attorney General or appropriate district attorney, in 
which disclosure of child protective information would jeopardize a criminal 
investigation or proceeding. 
SUMMARY 
The Maine Revised Statutes, Title 22, section 4008-A sets forth the limits of 
disclosure of information in the investigation of abuse and neglect of children and in the 
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confidentiality of records pertaining to child abuse and neglect. The federal Department 
of Health and Human Services, Administration for Children and Families has informed 
the State that corrections are needed in this section of the statutes to be in compliance 
with the federal Adoption and Safe Families Act of 1997, the Child Abuse Prevention and 
Treatment Act and the Social Security Act.