An Act To Ensure That All Maine Children Are Protected from Abuse and Neglect
Maine Legislature, Session 126, LD 1685
Committee Amendment CA_A_H667 (House)

COMMITTEE AMENDMENT "A" to H.P. 1208, L.D. 1685, Bill, "An Act To 
Ensure That All Maine Children Are Protected from Abuse and Neglect" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Strengthen the Protection of Children from Abuse and Neglect' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, it is imperative for the protection of children from abuse and neglect that 
the Department of Health and Human Services convene a working group to study the 
issue and make recommendations to strengthen the authority of the department and the 
Department of Education to respond to situations in which child abuse or neglect is 
alleged and to prevent further abuse of children; and 
Whereas, the working group must begin its work before the 90-day period expires 
in order that the working group may complete its work and submit a report by November 
5,2014; 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 
Sec. 1. Working group established. Resolved: That the Department of Health 
and Human Services, referred to in this resolve as "the department," shall convene a 
working group, referred to in this resolve as "the working group," to review current laws 
and the scope of departmental authority with respect to the abuse and neglect of children, 
to identify gaps in the safety net to protect children from abuse and neglect and to make 
recommendations to strengthen the protection of children from abuse and neglect; and be 
it further 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 1208, L.D. 1685 
Sec. 2. Working group membership. Resolved: That the department shall 
invite the participation on the working group of representatives of the Office of Child and 
Family Services and the department's division of licensing and regulatory services, the 
Department of Education, the Office of the Attorney General, the Disability Rights 
Center and the Maine Developmental Disabilities Council established in the Maine 
Revised Statutes, Title 34-B, section 17001, subsection 1. 
The working group is 
authorized to invite the participation of other persons with expertise in the field of child 
abuse and protection to assist the working group; and be it further 
Sec. 3. Duties. Resolved: That the working group shall perform the following 
duties. 
1. Review of laws. The working group shall review the State's laws on protection of 
children from abuse and neglect and identify: 
A. The scope of authority of the department and the Department of Education to 
investigate and respond to allegations of child abuse and neglect; 
B. 
The scope of remedial authority of the department and the Department of 
Education in the event that there is a finding of child abuse or neglect; and 
C. Any gaps in the safety net to protect children from abuse and neglect. 
2. 
Recommendations. 
The working group shall make recommendations, as 
determined by the working group to be appropriate, that identify: 
A. 
The proper scope of authority for the department to investigate and take 
appropriate action regarding allegations of child abuse and neglect to protect children 
and prevent a perpetrator of abuse or neglect from obtaining gainful employment 
with children; 
B. The proper scope of authority for the Department of Education to investigate and 
take appropriate action regarding allegations of child abuse and neglect to protect 
children and prevent a perpetrator of abuse or neglect from obtaining gainful 
employment with children; and 
C. 
Opportunities for enhanced collaboration between the department, law 
enforcement entities and the Department of Education in the process of investigating 
allegations of child abuse and neglect and in preventing perpetrators of abuse and 
neglect from continuing to abuse or neglect children; and be it further 
Sec. 4. 
Report. 
Resolved: 
That, no later than November 5, 2014, the 
department, on behalf of the working group, shall submit a report that includes its 
findings and recommendations to the Joint Standing Committee on Education and 
Cultural Affairs and the Joint Standing Committee on Health and Human Services. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved,' 
SUMMARY 
This amendment replaces the bill with a resolve directing the Department of Health 
and Human Services to convene a working group to review current laws and the scope of 
departmental authority with respect to the abuse and neglect of children, to identify gaps 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P. 1208, L.D. 1685 
in the safety net to protect children from abuse and neglect and to make recommendations 
to strengthen the protection of children from abuse and neglect. The amendment requires 
the department to submit a report on behalf of the working group to the Joint Standing 
Committee on Education and Cultural Affairs and the Joint Standing Committee on 
Health and Human Services by November 5,2014. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/27114 
LD 1685 
LR 2503(02) 
An Act To Ensure That All Maine Children Are Protected from Abuse and Neglect 
Fiscal Note for Bill as Amended by Committee Amendment ·A· C H 
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Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Health and Human Services to convene and participate in the working group and to prepare 
and submit the required working group report are expected to be minor and can be absorbed within existing budgeted resources. 
Additional costs to the Department of Education, the Department of the Attorney General and the Disability Rights Center to 
participate in the working group are expected to be minor and can be absorbed within existing budgeted resources. 
LR2503(02) - Fiscal Note - Page 1 of 1