An Act To Create Child Advocacy Centers in Maine 1
Maine Legislature, Session 126, LD 1334
Committee Amendment CA_A_S216 (Senate)
Amends: 22 MRSA §4019

COMMITTEE AMENDMENT "A" to S.P. 468, L.D. 1334, Bill, "An Act To 
Create Child Advocacy Centers in Maine" 
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Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 22 MRSA §4019 is enacted to read: 
§4019. Child advocacy center~ 
This section governs the establishment, organization and duties of child advocacy 
centers to coordinate the inves1:igation and prosecution of child sexual abuse and other 
child abuse and neglect and the: referral of victims of child sexual abuse and other child 
abuse and neglect for treatment. 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Board" means a child advocacy advisory board established pursuant to 
subsection 2. 
B. 
"Child advocacy center" or "center" means a community-based center that 
provides multidisciplinary s.ervices for children and families affected by child sexual 
abuse and other child abuse and neglect. 
C. "District" means one of the 9 public health districts as defined in section 411, 
subsection 5. 
2. Center; child advocacy advisory board. A district may establish one center 
within the district. A district that establishes a center shall establish a child advocacy 
advisory board to govern the center. 
A. Each of the following officers or agencies shall designate one representative from 
within the district to serve on the board: a county sheriff; the Bureau of Child and 
Family Services; the district attorney; the State Police; a municipal police 
Page I - 126LR1746(02)-1 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 468. L.D. 1334 
department; a sexual assault support center; and a county mental health organization; 
or a comparable representative for each who carries out these duties. 
B. The board shall organize itself and elect from among its members a chair. Until a 
chair is elected, the district attorney representative or comparable representative who 
carries out the duty of prosecuting serves as interim chair. 
C. The chair of the board may appoint additional members of the board as necessary 
to accomplish the purposes of this section. Additional members may include but are 
not limited to representatives of law enforcement agencies, the judicial branch and 
tribal courts. 
D. The board shall adopt by a majority vote of its members a written protocol on 
child sexual abuse and other child abuse and neglect. The purpose of the protocol is 
to ensure coordination and cooperation of all agencies involved in child sexual abuse 
cases and other child abuse and neglect cases to increase efficiency and effectiveness 
of those agencies and to minimize stress created for the child and the child's family 
by the investigation and criminal iustice process and to ensure that more effective 
treatment is provided for the child and the child's family. 
E. In preparing its written protocol under paragraph D, the board shall consider the 
following: 
(1) 
An interdisciplinary, coordinated approach to the investigation of child 
sexual abuse and other child abuse and neglect, which must at a minimum 
include: 
(a) An interagency notification procedure; 
Cb) A dispute resolution process for the involved agencies when a conflict 
arises in how to proceed with the investigation of a case; 
Cc) A policy on interagency decision making; and 
Cd) A description of the role each agency has in the investigation of a case; 
(2) 
A safe, separate space, with assigned personnel, designated for the 
investigation and coordination of child sexual abuse cases and other child abuse 
and neglect cases; 
(3) An interdisciplinary case review process for purposes of decision making, 
problem solving, systems coordination and information sharing; 
(4) A comprehensive tracking system to receive and coordinate information 
concerning child sexual abuse cases and other child abuse and neglect cases from 
each participating agency; 
(5) Interdisciplinary specialized training for all professionals involved with the 
cases of victims and families of child sexual abuse and other child abuse and 
neglect; and 
(6) 
A process for evaluating the implementation and effectiveness of the 
protocol. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 468. L.D. 1334 
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F. The board shall annually evaluate the implementation and effectiveness of the 
protocol required under paragraph D and shall amend the protocol as necessary to 
maximize its effectiveness. 
G. The board shall file the written protocol under paragraph D and each amendment 
to it with the Bureau of Child and Family Services and shall provide copies of the 
protocol and each amendment to it to each agency participating in the district. 
3. Child advocacy centers; memorandum of understanding; participants. On 
the execution of a memorandum of understanding, a center may be established. 
A 
memorandum of understanding regarding participation in the operation of the center must 
be executed among the following;, 
II 
A. The Bureau of Child and Family Services; 
B. Representatives of state, county and municipal law enforcement agencies that 
investigate child sexual abuse and other child abuse and neglect in the district; 
C. The district attorney who prosecutes child sexual abuse cases and other child 
abuse and neglect cases in the district; 
D. Representatives of a sexual assault support center; and 
E. Representatives of any other governmental entity that participates in child sexual 
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abuse or other child abuse and neglect investigations or offers services to victims of 
child sexual abuse and other child abuse and neglect in the district and that wants to 
participate in the operation of the center. 
4. Elements of memorandum of understanding. A memorandum of understanding 
under this section must include the agreement of each participant to cooperate in: 
A. Developing a cooperative team approach to investigating child sexual abuse and 
other child abuse and neglec1;, 
B. Reducing to the greates:t extent possible the number of interviews required of a 
victim of child sexual abust: or other child abuse or neglect to minimize the negative 
impact of an investigation on the child; and 
C. Developing, maintainin€~ and supporting an environment that emphasizes the best 
interest of children and provides investigatory and rehabilitative services. 
5. Office space and administrative services. A memorandum of understanding 
under this section may include the agreement of one or more participants to provide 
office space and administrative services necessary for the center's operation. 
6. Child advocacy center duties. A center shall: 
A. Assess victims of child sexual abuse and other child abuse and neglect and their 
families referred to the center by the department, a law enforcement agency or a 
district attorney to determine their needs for services relating to the investigation of 
child sexual abuse and other child abuse and neglect and provide those services; 
B. Provide a facility at which a multidisciplinary team appointed under subsection 7 
can meet to facilitate the efficient and appropriate disposition of child sexual abuse 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 468, L.D. 1334 
cases and other child abuse and neglect cases through the civil and criminal justice 
systems; and 
C. Coordinate the activities of governmental entities relating to child sexual abuse 
and other child abuse and neglect investigations and delivery of services to victims of 
child sexual abuse and other child abuse and neglect and their families. 
7. Multidisciplinary team. A center shall appoint a multidisciplinary team. 
A. A multidisciplinary team must include employees of the participating agencies 
who are professionals involved in the investigation or prosecution of child sexual 
abuse cases and other child abuse and neglect cases. A multidisciplinary team may 
also include representatives of sexual assault support centers and professionals 
involved in the delivery of services, including medical and mental health services, to 
victims of child sexual abuse and other child abuse and neglect and the victims' 
families. 
B. A multidisciplinary team shall meet at regularly scheduled intervals to: 
(I) 
Review child sexual abuse and other child abuse and neglect cases 
determined to be appropriate for review by the multidisciplinary team. 
A 
multidisciplinary team may review a child sexual abuse case or other child abuse 
or neglect case in which the alleged abuser does not have custodial control or 
supervision of the child or is not responsible for the child's welfare or care; and 
(2) 
Coordinate the actions of the entities involved in the investigation and 
prosecution of the cases and the delivery of services to the victims of child sexual 
abuse and other child abuse and neglect and the victims' families. 
C. When acting in the member's official capacity, a multidisciplinary team member 
is authorized to receive confidential information for the purpose of carrying out the 
member's duties under this section. For purposes of this paragraph, "confidential 
information" includes confidential records regarding the investigation of reports of 
child sexual abuse and other child abuse and neglect, including videotaped 
interviews, and records, papers, files and communications regarding a person 
receiving services from or being investigated by the department. 
8. 
Immunity from liability. 
A person is immune from civil liability for a 
recommendation or an opinion given in good faith while acting in the official scope of the 
person's duties as a member of a center's multidisciplinary team or as a staff member or 
volunteer of a center. 
9. Confidential records. The files, reports, records, communications and working 
papers used or developed in providing services under this section are confidential and are 
not public records for purposes of Title 1, chapter 13, subchapter 1. Information may be 
disclosed only to the following in order for them to carry out their duties: 
A. The department, department employees, law enforcement agencies, prosecuting 
attorneys, medical professionals and other state agencies that provide services to 
children and families; 
B. The attorney for a child who is the subject of confidential records; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" 1:0 S.P. 468, L.D. 1334 
C. A guardian ad litem appointed under section 4005 for a child who is the subject of 
confidential records. 
10. Reports. Beginning January 2015, the department shall annually report to the 
joint standing committee of the Legislature having jurisdiction over health and human 
services matters regarding the centers. The report must include the number of centers and 
an overview of the protocols adopted by the centers and the effectiveness of the centers in 
coordinating the investigation and prosecution of child sexual abuse and other child abuse 
and neglect and referral of victims of child sexual abuse and other child abuse and neglect 
for treatment. The committee may submit legislation related to the report.' 
SUMMARY 
This amendment replaces the bill. It retains the provisions of the bill, but broadens 
the focus of child advocacy centers from child sexual abuse to child sexual abuse and 
other child abuse and neglect. It requires the participants in a center's memorandum of 
understanding and the members of a center's child advocacy advisory board to include a 
representative from a sexual assault support center and also allows a center's 
multidisciplinary team to include such a representative. It also limits the intake of the 
centers to children and their families referred to the centers from the Department of 
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Health and Human Services, law enforcement and district attorneys. 
FISCA.L :\OTE REQUIRED 
(See attached) 
COMMfTTEE AMENDMENT 
Fiscal Detail and Notes 
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Approved: 06/04113 :J!vac.. 
LD 1334 
LR 1746(02) 
An Act To Create Child Advocacy Centers in Maine 
Fiscal Note for Bill as Amended by Committee Amendmentj\.'{S-lllo '\ 
Committee: Health and Human Services 
~ 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Health and Human Services are assumed to be minor and can be absorbed 
within existing budgeted resources. Additional costs to the Department of Public Safety associated with serving on t1: 
advisory boards can be absorbed within existing budgeted resources. 
LR1746(02) - Fiscal Note - Page 1 of 1