An Act To Amend the Laws Concerning Child Abuse and Neglect Councils
Maine Legislature, Session 124, LD 1263
Committee: Health and Human Services
Sponsors: EATON, DAMON
Amends: 22 MRSA §3871, 22 MRSA §3872, 22 MRSA §3872-A, 22 MRSA §3873, 22 MRSA §3874, 22 MRSA §3883, 22 MRSA §3890-A, 36 MRSA §2557

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Legislative Document 
No. 1263 
H.P. 882 
House oJ Representatives, March 31,2009 
An Act To Amend the Laws Concerning Child Abuse and Neglect 
Councils 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative EATON of Sullivan. 
Cosponsored by Senator DAMON of Hancock. 
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MILLICENT M. MacFARLAND 
Clerk 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §3871, as amended by PL 1993, c. 142, §2, is further amended 
to read: 
§3871. Purpose 
,The purpose of this chapter is to el:J.COl:lrage aI;}d, majHtain coordinat,ed: community 
efforts in each county to prevent chii'd abuse and neglect through the pm;viision of family-
strengthening programs, i;nc1uding, but not lirnited to, publie awareNess, activities, child 
safety education,' parent education, support and 1nfo.Fmation for pm:ents, referral t6 
serVices and training for professionaIs, and' to ensure adequate intervention and treatment 
for abused and neglected children and their families. 
Sec. 2. 
MRSA §3872, , sub-§l-A, as enacted by PL 1993, C. 142, §2, 'is 
amended to read: 
I-A. 
Child abuse and neglect prevention council. 
"Child abuse and neglect 
prevention council" means a community organization that provides continuous year-
round service as a county's primary organization that serves t.o encourage and coordinate 
community efforts in primary prevention and the treatmsnt of child abuse and neglect to 
prevent child abuse from occurring. Services may ineIude' puol'i'c awareness activities, 
child safety education, parent education, support and infonnation for parents, referral to 
services and training for professionals. 
Sec.~. 22 MRSA §3872, sub-§2, as amended by PL 1993, c. 142, §2 and PL 
2003, c. 689, Pt. B, §6, is further amended to read: 
2. Fiscal agent. "Fiscal agent" means an incorporated community organization, 
agency, o( institution designated by the child abuse and neglect prevention council and 
authorized by the Department of Health and Human Services to receive and distribute 
grants to that child abuse and neglect prevention council. 
Sec. 4. 22 MRSA §3872, sub-§3, as amended by PL 1993, c. 142, §2, is further 
amended to read: 
' 
3. Maine Child Abuse Prevention Councils. "Maine Association of Child Abuse 
and Neglect Prevention Councils" means the statewide organization composed of a 
majority of the child abuse and neglect prevention councils. 
The association shall 
organization must have at least one representative from each member council. 
The 
,association shall establish standards of practice by ""hich it may evaluate the 
effectiveness of each individual council's strategies to combat child abuse and neglect and 
organization shall work collaboratively to maintain a list of core activit-ies offered in each 
of the counties represented by its membership and shall also maintain a statewide 
network that works to develop statewide plans and effective implementation strategies. 
Sec. 5. 22 MRSA §3872-A, as enacted by PL 1993, c. 142, §3, is amended to 
read: 
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§3872-A. Child abuse and neglect prevention cOl.ncil's responsibilities 
1. Duties. A child abuse and neglect prevention council shall review existing data to 
assess and monitor the extent and causes of child abuse and neglect in its county and 
carry out the following activities: 
A. 
Coordinate services, utilizing community, state and federal resources to ensure 
that direct services are being provided to children and families, including education 
and support services; 
B. 
Provide training to professionals who deal work directly with children and 
families; and 
C. 
Provide education and awareness concerning child abuse and neglect and its 
prevention. 
Sec. 6. 22 MRSA §3873, as amended by PL 1993, c. 142, §4, is further amended 
to read: 
§3873 .. Authorization for expenditure of funds 
The department and other state agencies shall, from funds authorized to the 
department ai1d state agencies, make grants to, or purchase services from, the child abuse 
. and neglect prevention councils or fiscal agents to further the purposes of this chapter. 
1. Funding authorized. Grants or funds must be made on a competitive basis. and 
allocated to child abuse and neglect prevention councils according to rules adopted or 
amended by the commissioner. Grants or funds in excess of $15,000 must be made on a 
one-to-one matching basis with contributions from the community. Community 
contributions may be donations of cash or may be in-kind contributions, as determined by 
departmental rule. 
2. Distribution of funds .. Grants or funds must be awarded or allocated to support 
existing child abuse and neglect prevention councils and to assist the establislunent· of 
new child abuse and neglect prevention councils. It is the intent of tllis chapter to support 
a statewide network of c1lild abuse and neglect prevention councils in each county as 
resOlirces pennit. 
Nothing in this chapter requires the department to fully fund the. 
activities of any child abuse and neglect prevention council. 
3. 
Consultation with Maine Child Abuse Prevention Councils. The Maine 
Association of Child Abuse and Neglect Prevention Councils shall advise the department 
regarding the distribution of grants or funds before any grants or funds are awarded. The 
Maine Associatioi1 of Child Abuse and Neglect Prevention Councils, in conjunction with 
the department, shall develop a plan,· updated annually, establishing a statewide strategy 
for child abuse and neglect prevention in local counties and conununities. This plan must 
be implemented at least one month before January 1, 199.4 and updated am1Ually. Grants 
or allocated funds must be awarded in accordance with the goals and strategies set out in 
the plan. 
Sec. 7. 22 MRSA §3874, as amended by PL 1993, c. 142, §4, is further amended 
to read: 
Page:2 - 124LR1296(OI)-1 
§3874. Fiscal agents 
A fiscal agent recelvmg grants or funds under this chapter shall act only in. an 
administrative capacity to receive and distribute grant or fund money to the child abuse 
and neglect prevention councils, as described in the rules adopted by the department for 
regulating the local administration of these programs. 
Sec. 8. 22 MRSA§3875-A, as enacted by PL 1993,c. 142, §6, is a:rnended to 
read: 
§3875-A. Child abuse and neglect prevention councils; membership 
The child abuse and neglect prevention councils are responsible for goveming 
facilitating the community programs under this chapter. Each council shall establish a 
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governing or advisory board of directors. The board must be diverse with broad-based 
participation in each county. Tenns of the directors and methods of appointment or 
election of members must be determined by the child abuse and neglect prevention 
council's bylaws or by rules of procedure adopted for the advisory board if an advisory 
board is established. 
Sec. 9. 22 MRSA §3883, sub-§2, EITC, as enacted by PL 1993, c. 600, Pt. A, § 16, 
is amended to read: 
C. 
Four members of the Maine Assooiation of Child Abuse and Neglect Prevention 
Councils, selected by that association organization. Of the initial appointees, one is 
appointed for a one-year tenu, .one is appointed for a 2-year tenn and 2 are appointed 
for 3-year tenus. After the initial appointments, appointees are appointed for 3-year 
tenus; 
Sec. 10.22 MRSA§3884-A, sub-§l, EITI, as enacted by PL 2001, c. 11, §2, is 
amended to read: 
. 
1. 
Develop plans, with the cooperation of the child abuse and neglect prevention 
councils established under chapter 1057, to provide a stable base for funding the 
councils in amounts no lower than the amounts provided in the biennial budget of 
fiscal years 1999-00 and 2000-0l. 
Sec.n. 22 MRSA §3890-A, sub-§2, as enacted by PL 1993, c. 600, Pt. A, § 16; 
is amended to read: 
2. Dissolution of fund. Upon dissolution of the fund, the members shall transfer any 
unexpended General Fund appropriations to the State and payor make provisions for the 
payment of all other liabilities of the fund. 
All other principal and accrued interest in the fund must be transferred to the Maine 
Association of Child Abuse and Neglect Prevention Councils and restricted to the support 
of primary prevention of child abuse and neglect in the State. 
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Sec. 12. 36 MRS A §1760, stib-§49, as amended byPL 2005, c. 622, §7, is 
further amended to read: 
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49. Child abuse and neglect prevention councils; child advocacy organizations; 
community action agencies. Sales to: 
A 
Incorporated, nonprofit child abuse and neglect pr~vention councils as defined in 
. Title 22, section 3872, subsection I-A; 
B. 
Statewide organizations that advocate for children and that are members of the 
Medicaid Advisory Committee; and 
C. 
Community action agencies designated in accordance with Title 22, section 
5324. 
Sec. 13. 36 MRSA §2557, sub-§13, as amended by PL 2005, c. 622, §1l, is 
further amended to read: 
13. Child abuse and neglect prevention councils; child advocacy organizations; 
community action agencies. Sales to: 
. 
A 
Incorporated, nonprofit child abuse and neglect prevention councils as defined in 
Title 22, section 3872:subsection I-A; 
B. 
Statewide organizations that advocate for children and that are members of the 
Medicaid Advisory Committee; and 
C. 
Community action agencies designated in accordance with Title 22; section 
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5324; 
Sec. 14 .. Maine Revised Statutes headnote amended; revision clause. In 
the Maine Revised Statutes, Title 22, chapter 1057, .in the chapter headnote, the words 
"child abuse and neglect councils" are ~mended to read "child abuse and neglect 
prevention councils" and the Revisor of Statutes· shall implement this revision when 
updating, publishing or republishing the statutes. 
SUMMARY 
This bill adds the word. "preverition" when referring to child abuse. and neglect 
councils in the State and changes the name of the Maine Association of Child Abuse and 
Neglect Councils to the Maine Child Abuse Prevention Councils. It clarifies that child 
abuse and neglect prevention councils are to prevent abuse and neglect through the 
provision of family-strengthening programs, including, but not limited to, public 
awareness activities, child safety education, parent education, support and information for 
parents, training for professionals and referral to services.