An Act To Protect Children in the State from Possible Sexual, Physical and Emotional Abuse by Persons Who Have Been Convicted of Crimes
Maine Legislature, Session 127, LD 1689
Committee: Health and Human Services
Sponsors: MAKER, DIAMOND, GERRISH, GROHMAN, HARRINGTON, HUBBELL, BAKER, BURNS, CYRWAY
Amends: 22 MRSA §8301-A, 22 MRSA §8304-B

Legislative Document 
No. 1689 
H.P. 1154 
House of Representatives, March 30, 2016 
An Act To Protect Children in the State from Possible Sexual, 
Physical and Emotional Abuse by Persons Who Have Been 
Convicted of Crimes 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative MAKER of Calais. 
Cosponsored by Senator DIAMOND of Cumberland and 
Representatives: GERRISH of Lebanon, GROHMAN of Biddeford, HARRINGTON of 
Sanford, HUBBELL of Bar Harbor, Senators: BAKER of Sagadahoc, BURNS of Washington, 
CYRWAY of Kennebec. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §8301-A, sub-§2, as amended by PL 2005, c. 640, §2, is 
further amended to read: 
2.  Child care facility licensure.  The owner or operator of a child care facility shall 
pay the licensing fee required under section 8303-A.  A child care facility must be 
licensed under this chapter and must comply with the rules adopted by the commissioner 
under section 8302-A and, the fire safety requirements of section 8304-A and the 
requirements of section 8304-B.  The department shall make at least one unannounced 
inspection of a child care facility licensed under this chapter during the term of the 
license.  The inspection must take place between 6 and 18 months after the issuance of 
the license.  Except as otherwise provided, a nursery school must meet the requirements 
of this chapter and chapter 1675. 
Sec. 2.  22 MRSA §8301-A, sub-§3, as amended by PL 2005, c. 640, §3, is 
further amended to read: 
3.  Family child care provider certification.  A family child care provider shall pay 
the certification fee required under section 8303-A.  A family child care provider must be 
certified under this chapter and shall comply with the rules adopted by the commissioner 
under section 8302-A and, the fire safety requirements of section 8304-A and the 
requirements of section 8304-B.  The department shall make at least one unannounced 
inspection of a family child care provider certified under this chapter during the term of 
the certificate.  The inspection must take place between 6 and 18 months after the 
issuance of the certificate. 
Sec. 3.  22 MRSA §8304-B is enacted to read: 
§8304-B.  Criminal history record information; fingerprinting 
1.  Child care facility.  As a condition of licensure, beginning September 1, 2016, a 
child care facility must submit for each provider of care and staff member: 
A.  Age, criminal record and personal history in accordance with rules adopted under 
section 8302-A, subsection 1, paragraph G; and 
B.  A set of fingerprints taken by a qualified law enforcement agency or an 
authorized employee of the Department of Public Safety. 
2.  Family child care provider.  As a condition of certification, beginning 
September 1, 2016, a family child care provider must submit for each provider of care 
and staff member: 
A.  Age, criminal record and personal history in accordance with rules adopted under 
section 8302-A, subsection 2, paragraph J; and 
B.  A set of fingerprints taken by a qualified law enforcement agency or an 
authorized employee of the Department of Public Safety. 
3.  Confidentiality.  Any information obtained pursuant to this section is 
confidential.  The results of criminal history record checks received by the commissioner 
are for official use only and may not be disseminated outside the department, except that 
the commissioner may outsource administrative functions of software document 
management according to federal outsourcing standards as described in 28 Code of 
Federal Regulations, Section 906.2 (2011) and allow access to these results for that 
purpose. 
4.  Rulemaking.  The department shall adopt rules to implement this section.  Rules 
adopted pursuant to this subsection are routine technical rules as defined by Title 5, 
chapter 375, subchapter 2-A. 
SUMMARY 
This bill requires that, beginning September 1, 2016, child care facilities licensed by 
the Department of Health and Human Services and family child care providers certified 
by the department submit fingerprints for care providers and staff.