An Act To Align the Child and Family Services and Child Protection Act with the Federal Preventing Sex Trafficking and Strengthening Families Act
Maine Legislature, Session 127, LD 1497
Committee: Health and Human Services
Sponsors: SANDERSON, VOLK, BEAVERS, FOLEY, LAJOIE, MAKER, WHITE
Amends: 22 MRSA §4008, 22 MRSA §4036-B, 22 MRSA §4038-B

Legislative Document 
No. 1497 
H.P. 1020 
House of Representatives, December 23, 2015 
An Act To Align the Child and Family Services and Child 
Protection Act with the Federal Preventing Sex Trafficking and 
Strengthening Families Act 
(EMERGENCY) 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 203. 
Received by the Clerk of the House on December 21, 2015.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
ROBERT B. HUNT 
Clerk 
Presented by Representative SANDERSON of Chelsea. 
Cosponsored by Senator VOLK of Cumberland and 
Representatives: BEAVERS of South Berwick, FOLEY of Wells, LAJOIE of Lewiston, 
MAKER of Calais, WHITE of Washburn. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, federal law requires Maine to enact changes to state law in compliance 
with the federal Preventing Sex Trafficking and Strengthening Families Act, Public Law 
113-183; and 
Whereas, Maine’s Child and Family Services and Child Protection Act is out of 
compliance with Public Law 113-183; and 
Whereas, it is necessary for Maine to have authority to provide child welfare 
services for the protection of children and families prior to the expiration of the 90-day 
period; 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 §4008, sub-§3, ¶K, as amended by PL 2013, c. 293, §2, is 
further amended to read: 
K.  A relative or other person whom the department is investigating for possible 
custody or placement of the child; and 
Sec. 2.  22 MRSA §4008, sub-§3, ¶L, as enacted by PL 2013, c. 293, §3, is 
amended to read: 
L.  To a licensing board of a mandated reporter, in the case of a mandated reporter 
under section 4011-A, subsection 1 who appears from the record or relevant 
circumstances to have failed to make a required report.  Any information disclosed by 
the department personally identifying a licensee's client or patient remains 
confidential and may be used only in a proceeding as provided by Title 5, section 
9057, subsection 6.; and 
Sec. 3.  22 MRSA §4008, sub-§3, ¶M is enacted to read: 
M.  Law enforcement authorities for entry into the National Crime Information 
Center database of the Federal Bureau of Investigation and to a national information 
clearinghouse for missing and exploited children operated pursuant to 42 United 
States Code, Section 5773(b).  Information disclosed pursuant to this paragraph is 
limited to information on missing or abducted children or youth that is required to be 
disclosed pursuant to 42 United States Code, Section 671(a)(35)(B). 
Sec. 4.  22 MRSA §4036-B, sub-§3-A, as enacted by PL 2011, c. 402, §4, is 
amended to read: 
3-A.  Notification to relatives.  Except as required by family or domestic violence 
safety precautions, the department shall exercise due diligence to identify and provide 
notice to all known grandparents and other adult relatives, within 30 days after the 
removal of a child from the custody of a parent or custodian, to the following relatives: 
all grandparents; all parents of a sibling of the child who have legal custody of the 
sibling; and other adult relatives of the child, including any other adult relatives suggested 
by the parents.  For the purposes of this subsection, "sibling" includes an individual who 
would have been considered a sibling of the child but for a termination or other disruption 
of parental rights, such as the death of a parent.  Failure to comply with this provision 
does not affect service on a parent or custodian. 
Sec. 5.  22 MRSA §4038-B, sub-§4, ¶C, as enacted by PL 2005, c. 372, §6, is 
amended to read: 
C.    In the case of a child who is 16 14 years of age or older, the permanency plan 
must determine the services needed to assist the child to make the transition from 
foster care to independent living. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill amends the Child and Family Services and Child Protection Act to comply 
with the federal Preventing Sex Trafficking and Strengthening Families Act.  The bill 
requires the Department of Health and Human Services to disclose certain information on 
missing or abducted children or youth to the National Crime Information Center database 
of the Federal Bureau of Investigation and to a national information clearinghouse for 
missing and exploited children and to provide notification of the removal of a child from 
the custody of a parent or custodian to all parents of a sibling of the child who have legal 
custody of the sibling.  The bill also requires that permanency plans for children who are 
years of age and older must determine the services needed to assist the children to 
make the transition from foster care to independent living.