An Act To Ensure That All Maine Children Are Protected from Abuse and Neglect
Maine Legislature, Session 126, LD 1685
Committee: Health and Human Services
Sponsors: FARNSWORTH, SAVIELLO, BRIGGS, CHIPMAN, GATTINE, GRAHAM, HAMANN, MORRISON, PRINGLE, VEROW
Amends: 22 MRSA §4004, 22 MRSA §4010-A, 22 MRSA §4032, 22 MRSA §4036, 22 MRSA §4036-A, 22 MRSA §4088

Legislative Document 
No. 1685 
H.P. 1208 
House of Representatives, December 30, 2013 
An Act To Ensure That All Maine Children Are Protected from 
Abuse and Neglect 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative FARNSWORTH of Portland. 
Cosponsored by Senator SAVIELLO of Franklin and 
Representatives: BRIGGS of Mexico, CHIPMAN of Portland, GATTINE of Westbrook, 
GRAHAM of North Yarmouth, HAMANN of South Portland, MORRISON of South Portland, 
PRINGLE of Windham, VEROW of Brewer. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §4004, sub-§2, ¶B, as amended by PL 2007, c. 586, §6, is 
further amended to read: 
B.  Promptly investigate all abuse and neglect cases and suspicious child deaths 
coming to its attention or, and, in the case of out-of-home abuse and neglect 
investigations, the department shall act also conduct an additional investigation to 
determine whether a licensing violation has occurred in order to protect children from 
further harm and establish a basis upon which to take licensing action in accordance 
with subchapter 11-A; 
Sec. 2.  22 MRSA §4010-A, sub-§1, as corrected by RR 2003, c. 2, §78, is 
amended to read: 
1.  Policy development.  Every public or private agency or program that is 
administered, licensed or funded by the Department of Health and Human Services, the 
Department of Education or the Department of Corrections and hires staff or selects 
volunteers and provides care or services for children shall develop a written policy 
regarding child abuse and neglect. 
The policy must include: 
A.  A description of how the program and children are managed to prevent abuse or 
neglect; 
B.  The reporting of suspected abuse or neglect or other violations to the appropriate 
designated authorities; 
C.  The agency's course of action if allegations of abuse or neglect are made against 
the agency or its staff; and 
D.  The agency's grievance procedures for staff and for children and their parents or 
guardians regarding alleged abuse or neglect. 
Sec. 3.  22 MRSA §4032, sub-§2, ¶C, as enacted by PL 1979, c. 733, §18, is 
amended to read: 
C.  Name and municipal residence, if known, of each parent and custodian and, in the 
case of out-of-home abuse or neglect, the name and address of the caregiver and the 
address of the place in which the alleged abuse or neglect occurred; 
Sec. 4.  22 MRSA §4036, sub-§1, ¶F-1, as enacted by PL 1985, c. 164, is 
amended to read: 
F-1.  Removal of the perpetrator from the child's home or out-of-home setting, 
prohibiting direct or indirect contact with the child by the perpetrator and prohibiting 
other specific acts by the perpetrator which that the court finds may threaten the 
child; 
Sec. 5.  22 MRSA §4036-A, sub-§2, as enacted by PL 1993, c. 443, §2, is 
amended to read: 
2.  Crime committed.  When disposition under section 4036 includes a provision 
that a party named in a petition not have contact with a child or children named in the 
petition or a provision that a party named in the petition not enter the residence or the out-
of-home setting of the abuse or neglect of a child or children named in the petition, and 
the party has prior actual notice of the order containing those provisions, violation of that 
provision is a Class D crime.  The criminal sanctions in this subsection are in addition to 
and not in lieu of contempt powers of the court. 
Sec. 6.  22 MRSA §4088, sub-§3, ¶C, as amended by PL 2001, c. 265, §3, is 
further amended to read: 
C.  Shall conduct a single an investigation as directed in section 4004, subsection 2, 
paragraphs B and C-1 and a 2nd investigation sufficient to determine not only if 
abuse or neglect has occurred but also to determine whether a licensing violation has 
occurred in order to protect children from further harm and establish a basis upon 
which to take licensing action.  This procedure minimizes duplicative or redundant 
investigations to the extent possible in response to the same or related allegations of 
out-of-home abuse or neglect in facilities or by persons subject to licensure pursuant 
to this Title; 
Sec. 7.  22 MRSA §4088, sub-§3, ¶D, as amended by PL 2007, c. 539, Pt. N, 
§35, is further amended to read: 
D.  Shall coordinate and consult with the department performing general licensing 
functions to eliminate duplicative or redundant the collection of redundant 
information during investigations to the extent possible and to prevent, correct or 
eliminate the abuse or neglect or threat of abuse or neglect in out-of-home settings; 
Sec. 8.  22 MRSA §4088, sub-§3, ¶E, as amended by PL 2007, c. 539, Pt. N, 
§36, is further amended to read: 
E.  Shall provide the results of the investigation investigations to the department or 
another department for appropriate action.  The team shall complete the investigation 
of issues involving licensure within a time frame not to exceed 6 months from the 
date of the initiation of the investigation, except in circumstances when the 
information necessary to complete the investigation is unavailable to the team; 
Sec. 9.  22 MRSA §4088, sub-§3, ¶F, as amended by PL 2001, c. 265, §3, is 
further amended to read: 
F.  Shall include relevant professionals outside the department or service center as 
members of the team for all investigations of residential treatment centers, group 
homes or, schools or other settings that provide supervisory care for children, 
including but not limited to day care centers, mandated by this subchapter and for of 
other child care facilities as warranted; 
Sec. 10.  22 MRSA §4088, sub-§3, ¶G, as amended by PL 2007, c. 539, Pt. N, 
§37, is further amended to read: 
G.  When a report alleges out-of-home abuse and neglect in facilities or by persons 
not subject to licensure by the department, shall immediately refer the report to the 
agency or department charged with the responsibility to investigate such a report 
conduct a separate investigation to determine if licensure or certification action is 
necessary or, if applicable, to the state department operating the facility; 
SUMMARY 
This bill makes the following changes to the laws governing the protection of 
children from abuse and neglect. 
1.  It requires the Department of Health and Human Services, in the case of an abuse 
and neglect investigation involving an allegation of abuse and neglect outside of the 
home of the child, to investigate whether a licensing violation has occurred. 
2.  It requires a public or private agency or program that is administered, licensed or 
funded by the Department of Education that hires staff or selects volunteers and provides 
care or services for children to develop a written policy regarding child abuse and 
neglect. 
3.  It requires that a child protection petition, in the case of alleged abuse or neglect 
outside of the home of the child, include the name and address of the caregiver and the 
address of the place in which the alleged abuse or neglect occurred. 
4.  It allows a court in a protection order to order the removal of a perpetrator from a 
setting outside of the home of the child. 
5.  It provides a criminal penalty for the violation of a provision of a protection order 
that prohibits a person from entering the out-of-home setting of the abuse or neglect. 
6.  It amends the laws governing the investigative duties of the out-of-home abuse 
and neglect investigating team and clarifies the duty of the team to eliminate the 
collection of redundant information to the extent possible.  It specifies that the team must 
complete an investigation of issues involving licensure within 6 months from the start of 
the investigation in most cases.  It requires the team to include relevant professionals 
outside the Department of Health and Human Services or service center as members of 
the team for investigations of schools or other settings that provide supervisory care for 
children.  It specifies that, in the case of an allegation of abuse and neglect outside of the 
home of a child in a facility or by a person not subject to licensure by the department, the 
team must refer the case to the agency or department charged with the responsibility to 
conduct a separate investigation to determine if licensure or certification action is 
necessary.