An Act To Consolidate the Investigation of Out-of-home Child Abuse and Neglect
Maine Legislature, Session 127, LD 1432
Committee: Health and Human Services
Sponsors: SANDERSON
Amends: 22 MRSA §4021, 22 MRSA §4088

Legislative Document 
No. 1432 
H.P. 977 
House of Representatives, May 26, 2015 
An Act To Consolidate the Investigation of Out-of-home Child 
Abuse and Neglect 
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204. 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative SANDERSON of Chelsea. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §4021, sub-§3, ¶C, as amended by PL 2007, c. 132, §1, is 
further amended to read: 
C.   Upon the request of a department employee, school officials shall permit the 
department to meet with and interview the child when the child is present at the 
school. 
(1)  School officials may require that the department employee requesting to 
interview the child provide a written certification that in the department's 
judgment the interview is necessary to carry out the department's duties under 
this chapter. 
(2) The department caseworker shall discuss the circumstances of the interview 
and any relevant information regarding the alleged abuse or neglect with the 
child's teacher or guidance counselor or the school's nurse, social worker or 
principal, as the caseworker determines is necessary for the provision of any 
needed emotional support to the child prior to and following the interview. 
(3)  In order for the department to be able to conduct interviews in a manner 
consistent with good forensic practice, except as provided in subparagraph (1), 
school officials may not place any conditions on the department’s ability to 
conduct the interview.  Without limiting the generality of this subparagraph, 
school officials are specifically prohibited from: 
(a)  Requiring that certain persons be present during the interview; 
(b)  Prohibiting certain persons from being present during the interview; and 
(c)  Requiring notice to or consent from a parent or guardian. 
(4)  School officials shall provide an appropriate, quiet and private place for the 
interview to occur. 
(5)  That the department intends to interview the child is confidential information 
and may not be disclosed to any person except those school officials, including 
an attorney for the school, who need the information to comply with the 
provisions of this paragraph. 
(6)  School personnel who assist the department in making the child available for 
the interview or who otherwise comply with this paragraph are "participating in a 
related child protection investigation or proceeding" for purposes of section 4014. 
Violation of this paragraph subjects any person involved in the violation, including 
individual school personnel, to the penalty provided in section 4009.  This section 
does not apply to out-of-home abuse and neglect allegations as covered under section 
4088 chapter 1674. 
Sec. 2.  22 MRSA §4088, as amended by PL 2013, c. 368, Pt. CCCC, §3, is 
repealed. 
Sec. 3.  22 MRSA c. 1674 is enacted to read: 
CHAPTER 1674 
INVESTIGATION OF OUT-OF-HOME CHILD ABUSE AND NEGLECT 
§8351.  Short title 
This chapter may be known and cited as "the Investigation of Out-of-home Child 
Abuse and Neglect Act." 
§8352.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Abuse or neglect.  "Abuse or neglect" means a threat to a child's health or welfare 
by physical, mental or emotional injury or impairment, sexual abuse or exploitation, 
deprivation of essential needs or lack of protection from these, failure to ensure 
compliance with school attendance requirements under Title 20-A, section 3272, 
subsection 2, paragraph B or Title 20-A, section 5051-A, subsection 1, paragraph C by a 
person responsible for the child. 
2.  Child.  "Child" means any person who is less than 18 years of age. 
3.  Custodian.  "Custodian" means the person who has legal custody and power over 
the person of a child. 
4.  Division.  "Division" means the division of licensing and regulatory services 
within the department. 
5.  Family foster home.  "Family foster home" has the same meaning as set out in 
section 8101, subsection 3. 
6.  Jeopardy.  "Jeopardy" means serious abuse or neglect, as evidenced by: 
A.  Serious harm or threat of serious harm; 
B.  Deprivation of adequate food, clothing, shelter, supervision or care or education 
when the child is at least 7 years of age and has not completed grade 6; 
C.  Deprivation of necessary health care when the deprivation places the child in 
danger of serious harm; 
D.  Abandonment of the child or absence of any person responsible for the child, 
which creates a threat of serious harm; or 
E.  Other situations of serious abuse or neglect. 
7.  Licensed. "Licensed" means holding the whole or any part of any permit, 
certificate, approval, registration, charter or similar form of permission required by law 
that represents an exercise of the State's regulatory or police powers. 
8.  Office. "Office" means the Office of Child and Family Services in the department. 
9.  Out-of-home child abuse or neglect investigation team; investigation team. 
"Out-of-home child abuse or neglect investigation team" or "investigation team" means 
individuals employed by the division to investigate allegations of out-of-home child 
abuse or neglect. 
10.  Out-of-home child abuse or neglect.  "Out-of-home child abuse or neglect" 
means child abuse or neglect that occurs in a facility or by a person subject to licensure or 
inspection by the department, the Department of Education or the Department of 
Corrections or in a facility operated by any of these departments. 
11.  Person.  "Person" means an individual, corporation, facility, institution, public or 
private agency or similar entity. 
12.  Person responsible for the child.  "Person responsible for the child" means a 
person with responsibility for a child's health or welfare including a licensed facility that 
as part of its function provides for the care of the child. 
13.  Resource family.  "Resource family" has the same meaning as in section 4002, 
subsection 9-D. 
14.  Runaway.  "Runaway" has the same meaning as in section 4099-D, subsection 3. 
15.  Serious harm.  "Serious harm" means: 
A.  Serious injury; 
B.  Serious mental or emotional injury or impairment that now or in the future is 
likely to be evidenced by serious mental, behavioral or personality disorder, including 
severe anxiety, depression or withdrawal, untoward aggressive behavior, seriously 
delayed development or similar serious dysfunctional behavior; or 
C.  Sexual abuse or exploitation. 
16.  Serious injury.  "Serious injury" means serious physical injury or impairment. 
17.  Suspicious child death.  "Suspicious child death" means the death of a child 
under circumstances in which there is reasonable cause to suspect that abuse or neglect 
was a cause of or factor contributing to the child's death. 
§8353.  Investigation team 
1.  Investigation team established.  The investigation team is established within the 
division to investigate reports of suspected abuse or neglect of children by persons or in 
facilities subject to department licensure in accordance with this chapter. 
2.  Participation with other departments.  The investigation team, on its own or 
upon request, may assist and participate with another department or agency charged with 
the responsibility to investigate child abuse or neglect, including the Department of 
Education or the Department of Corrections. 
3.  Addition of relevant professionals.  The investigation team shall include, as 
appropriate, relevant professionals to participate as members of the investigation team for 
investigations of residential treatment centers, group homes, certified family child care 
providers or child care facilities. 
4.  Assistance by licensing staff.  Upon the request of the division, department staff 
that performs general licensing functions may assist the investigation team in conducting 
out-of-home child abuse or neglect investigations. 
5.  Consultation with law enforcement and others.  The investigation team may 
consult with law enforcement personnel, advocates and others in the investigation of out-
of-home child abuse or neglect. 
6.  Results.  The investigation team shall provide the results of its investigation to the 
applicable department for appropriate action. 
7.  Investigation team training.  The investigation team shall receive training in the 
following: 
A.  Child development; 
B.  Identification of abuse and neglect; 
C.  Interview techniques, including but not limited to techniques for interviewing 
children who are nonverbal or have limited verbal ability; 
D.  Licensing laws and rules applicable to facilities or persons subject to this chapter; 
and 
E.  Remedies available to prevent, correct or eliminate abuse and neglect in out-of-
home settings. 
§8354.  Duties of the investigation team 
The duties of the investigation team include but are not limited to the following. 
1.  Receive reports of alleged abuse or neglect.  The investigation team shall 
receive reports of alleged out-of-home abuse, neglect or suspicious child death under 
circumstances set out in this chapter. 
A.  When the investigation team receives a report that alleges abuse or neglect in 
facilities or by persons not subject to licensure by the department, the investigation 
team shall immediately refer the report to the agency or department charged with the 
responsibility to investigate such a report. 
B.  When the investigation team receives a report that alleges out-of-home abuse or 
neglect in a residential care facility, the team shall use the facility’s name as the 
identifier. 
C.  Information that identifies, directly or indirectly, a reference, complainant or 
reporter of suspected abuse or neglect is confidential. 
2.  Investigate.  The investigation team shall investigate reported out-of-home abuse 
or neglect or suspicious child death. 
A.  The investigation team shall complete an investigation within 90 days from the 
date that the investigation was initiated, except in circumstances when the 
information necessary to complete the investigation is unavailable to the investigation 
team. 
B.  The investigation team’s investigation of a report that alleges jeopardy to a child 
in a residential care facility must be initiated within 3 business days of the date of 
receipt of the report. If the investigation team cannot initiate its investigation within 3 
business days, the investigation team shall request a safety plan from the facility. 
C.  To minimize redundant department investigations in response to the same or 
related allegations of out-of-home abuse or neglect, the investigation team shall 
conduct a single investigation sufficient to determine whether abuse or neglect 
occurred and whether a licensing violation has occurred. The investigation team shall 
coordinate and consult with the department entity that performs general licensing 
functions. 
D.  The investigation team shall refer allegations of criminal activity to the office of 
the district attorney or the Office of the Attorney General when appropriate and shall 
coordinate its investigation with the office to which allegations are referred to 
minimize trauma to the child or children involved. 
E.  The investigation team’s investigation of a suspicious child death is subject to and 
may not interfere with the authority and responsibility of the Office of the Attorney 
General to investigate and prosecute homicides pursuant to Title 5, section 200-A. 
F.  The investigation team shall conduct interviews as needed to investigate 
allegations and determine if abuse or neglect has occurred. 
(1)  The investigation team shall conduct interviews of a child involved in the 
alleged abuse or neglect in a manner that is in the best interest of the child. 
(2)  The investigation team shall notify the parent, guardian or legal custodian of 
a child prior to initiating an interview of the child except under circumstances in 
which prior notification is not in the child’s best interest. 
(3)  The investigation team shall conduct an interview of a child without prior 
notification in accordance with section 4021, subsection 3 and rules adopted 
pursuant to this chapter. 
G.  The investigation team, to the extent possible, shall record interviews using audio 
or video in accordance with applicable rules adopted by the department and pursuant 
to section 4021. 
(1)  Information collected in an interview that was not recorded may not be 
excluded from use in court proceedings solely because the interview was not 
recorded. 
(2)  A person being questioned or interviewed under this chapter may not be 
prohibited from recording the questioning or interview. 
H.  Notwithstanding Title 20-A, section 6101, subsection 2, when the investigation 
team is conducting an investigation of a person at the Maine Educational Center for 
the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf who is 
subject to licensure by the Department of Education, the Maine Educational Center 
for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf and 
the Department of Education shall disclose the following information to the 
investigation team: 
(1)  Background checks related to the person; 
(2)  The person's credentials; 
(3)  Any conduct on the part of the person related to the allegation; and 
(4)  Any action taken by the Maine Educational Center for the Deaf and Hard of 
Hearing and the Governor Baxter School for the Deaf or the Department of 
Education in response to conduct of any person at the Maine Educational Center 
for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf 
that is similar to the allegation. 
3.  Investigative powers of commissioner.  The following are investigative powers 
of the commissioner. 
A.  The commissioner may issue a subpoena requiring a person to disclose or provide 
to the department information or records in that person's possession that are necessary 
and relevant to an investigation of a report of suspected out-of-home child abuse or 
neglect or suspicious child death. 
(1)  The department may apply to the District Court to enforce a subpoena. 
(2)  A person who complies with a subpoena is immune from civil or criminal 
liability that might otherwise result from the act of turning over or providing 
information or records to the department. 
(3)  Information or records obtained by subpoena must be treated in accordance 
with section 7703. 
B.  The commissioner may obtain confidential criminal history record information 
and other criminal history record information under Title 16, chapter 7 that the 
commissioner considers relevant to an investigation of out-of-home child abuse or 
neglect or a suspicious child death. 
4.  Determination of harm.  The investigation team shall determine whether or not a 
child has been harmed, in which case the investigation team shall determine the degree of 
harm or threatened harm by a person responsible for the care of that child. 
A.  In the case of a suspicious child death, the investigation team shall 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. 
5.  Issue a decision.  The investigation team shall issue a written decision that an 
allegation of abuse or neglect is unsubstantiated, indicated or substantiated.  Each 
allegation of abuse or neglect must be considered separately.  The written decision must 
include at least the following: 
A.  The factors supporting an indicated or substantiated decision; 
B.  The identity of the person or persons responsible in the case of an indicated or 
substantiated decision; and  
C.  The person’s right to appeal the department’s indicated or substantiated decision 
pursuant to paragraph B. 
§8355.  Right to hearing; appeal 
A person who is the subject of the decision in section 8354, subsection 4 has the right 
to a hearing to appeal an indicated or substantiated finding of out-of-home child abuse or 
neglect in accordance with the provisions of the Maine Administrative Procedure Act. 
§8356.  Entities subject to investigation 
Reported child abuse or neglect that occurs in the following out-of- home entities is 
subject to investigation by the investigation team. 
1.  Facility or person licensed by department; facility operated or funded by 
department.  Abuse or neglect that occurs in a facility or by a person licensed by the 
department or in a facility operated or funded by the department is subject to 
investigation by the investigation team, including, but not limited to, abuse or neglect that 
occurs in the following: 
A.  A child care facility licensed pursuant to section 8301-A, subsection 2; 
B.  A family child care provider certified pursuant to section 8301-A, subsection 3; 
C.  A nursery school licensed pursuant to section 8402; 
D.  A children's residential care facility licensed pursuant to chapter 1669; 
E.  An emergency children's shelter licensed pursuant to chapter 1669; 
F.  A shelter for homeless children licensed pursuant to chapter 1669; 
G.  A licensed family foster home as defined in section 8101, subsection 3, including, 
but not limited to, the home of a resource family that provides foster care, kinship 
care or adoption or permanency guardianship services; 
H.  An unlicensed relative’s home approved by the department as meeting licensing 
standards; and 
I.  An unlicensed provider for children with cognitive impairments and functional 
limitations that is funded by the department pursuant to rules adopted by the 
department. 
2.  Unlicensed person or facilities.  The investigation team may investigate a person 
or facility described in subsection 1 if the person or facility is not licensed or certified. 
§8357.  Records; confidentiality; disclosure 
Except as otherwise provided by law and the provisions of this chapter, records that 
are made, acquired or retained by the department in connection with its responsibilities 
under this chapter are subject to the provisions set out in section 7703. 
1.  Disclosure; report of abuse or neglect.  The investigation team may disclose a 
statement indicating whether or not a report of out-of-home child abuse or neglect has 
been received, the nature of the alleged abuse or neglect and the conclusion reached by 
the investigation team, in accordance with section 7703, subsection 2, paragraph B. 
2.  Notification of parent, guardian or custodian of child reported to be abused.  
When a report is received of child abuse or neglect in a facility or program described in 
section 8356, the investigation team shall notify the child's parent, guardian or custodian 
that it has been reported that the child has been allegedly abused or neglected, whether an 
investigation is being conducted and, upon conclusion of the investigation, whether the 
investigation team determined that the allegations are supported or not supported. 
3.  Notification of parents, guardians or custodians of children in facility.  When 
a report is received of child abuse or neglect in a facility or program described in section 
8356, the investigation team, upon conclusion of the investigation, may notify a parent, 
guardian or custodian who has a child in the program or facility for whom there is no 
report of abuse or neglect whether the investigation team determined that a violation of 
law or rules adopted by the department has occurred. 
4.  Disclosure to facility or program.  The investigation team shall notify a facility 
or program described in section 8356 when there is an indicated or substantiated finding 
of abuse or neglect against an employee of the facility or program. 
5.  Disclosure of investigation.  The investigation team may publish information 
regarding an investigation conducted pursuant to this chapter on the department's publicly 
accessible website in accordance with rules adopted by the department. 
§8358.  Rules 
The department may adopt rules to carry out the purposes of this chapter. Rules 
adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 
375, subchapter 2-A.  Rules may include but are not limited to establishing the factors 
that support unsubstantiated, indicated and substantiated findings. 
SUMMARY 
This bill does the following. 
1.  It clarifies the Department of Health and Human Services’ investigation of out-of-
home child abuse or neglect. It enacts new laws and integrates relevant provisions of 
existing child abuse and neglect laws into these new laws. 
2.  It consolidates and clarifies the role of the team that investigates out-of-home 
child abuse or neglect. 
3.  It eliminates duplication of department investigations of the same or related 
allegations of out-of-home child abuse or neglect. 
4.  It authorizes the investigation team to assist other departments that are charged 
with the responsibility to investigate out-of-home child abuse or neglect, including the 
Department of Education and Department of Corrections. 
5.  It clarifies the requirement that the investigation team’s findings of abuse or 
neglect be supported by identified factors as set out in the team’s written decision.  
Factors that support indicated and substantiated findings are established in rules adopted 
by the department. 
6.  It clarifies the right of a person to have a hearing on and to appeal an indicated or 
substantiated finding of out-of-home child abuse or neglect. 
7.  It requires the investigation team to provide notification of a report of abuse or 
neglect to the parent, guardian or custodian of a child who is the alleged victim and 
information regarding the conclusions reached upon closure of the investigation. 
8.  It authorizes the investigation team to notify the parents, guardians or custodians 
of children who attend a licensed children’s facility or program when there is a report that 
alleges the occurrence of abuse or neglect in the licensed children’s facility or program 
upon conclusion of the investigation whether the investigation team determined that a 
violation of law or rules has occurred.