An Act To Require Child Protective Services To Screen Parents of Newborn Infants
Maine Legislature, Session 126, LD 1244
Committee: Health and Human Services
Sponsors: HAMANN, DORNEY, MALABY, SANBORN
Amends: 22 MRSA §2761-D, 22 MRSA §4004

Legislative Document 
No. 1244 
H.P. 878 
House of Representatives, March 27, 2013 
An Act To Require Child Protective Services To Screen Parents of 
Newborn Infants 
(EMERGENCY) 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative HAMANN of South Portland. 
Cosponsored by Representatives: DORNEY of Norridgewock, MALABY of Hancock, 
SANBORN of Gorham. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, children born to parents who have had parental rights terminated by the 
State may be at risk, and the Department of Health and Human Services could take 
appropriate action to prevent harm to them; and 
Whereas, it is imperative that this legislation take effect immediately to prevent 
harm to the vulnerable newborn children of those parents; 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 §2761-D is enacted to read: 
§2761-D.  Disclosure of birth information to the department 
When a live birth occurs in a hospital or an institution, or en route to the hospital or 
institution, the person in charge of the hospital or institution or the person's authorized 
designee shall transmit electronically the same certificate from the hospital provided 
pursuant to section 2761, subsection 1 at the same time to the department for 
identification of any prior termination of parental rights by either of the parents. 
Sec. 2.  22 MRSA §4004, sub-§2, ¶F, as amended by PL 2007, c. 586, §8, is 
further amended to read: 
F.  File a petition under section 4032 if, after investigation, the department 
determines that a child is in immediate risk of serious harm or in jeopardy as defined 
in this chapter; and 
Sec. 3.  22 MRSA §4004, sub-§2, ¶G, as enacted by PL 2007, c. 586, §9, is 
amended to read: 
G.  In the case of a suspicious child death, determine: 
(1)  Whether abuse or neglect was a cause or factor contributing to the child's 
death; and 
(2)  The degree of threatened harm to any other child for whom the person or 
persons responsible for the deceased child may be responsible now or in the 
future.; and 
Sec. 4.  22 MRSA §4004, sub-§2, ¶H is enacted to read: 
H.  Identify if either parent of a newborn child has had parental rights terminated 
using the birth information provided by the hospital at which the birth occurred 
pursuant to section 2761-D within 24 hours of receiving the electronic certificate.  
For each child born to a parent identified as having had the parental rights terminated, 
the department shall evaluate the risk of abuse or neglect of the newborn child and 
take appropriate action.  The department shall adopt rules to determine appropriate 
actions.  Rules adopted pursuant to this paragraph are routine technical rules as 
defined by Title 5, chapter 375, subchapter 2-A. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill requires hospitals and institutions to electronically submit the same 
information that is submitted to the municipality in which the live birth occurred or the 
Department of Health and Human Services for the purposes of recording births and 
gathering medical information to the department to be used to identify any parent that has 
previously had parental rights terminated.  Within 24 hours of receiving the birth record, 
the department must identify if a parent of a newborn child has previously had parental 
rights terminated.  The department is required to adopt rules to determine appropriate 
action.