An Act To Improve the Reporting of Child Abuse
Maine Legislature, Session 127, LD 0199
Committee Amendment CA_A_S93 (Senate)
Amends: 22 MRSA §4011-A

COMMITTEE AMENDMENT" A "to S.P. 74, L.D. 199, Bill, "An Act To Improve 
the Reporting of Child Abuse" 
Amend the bill in section 1 in subsection 1 in the 2nd line (page 1, line 5 in L.D.) by 
striking out the following: "or cause a report to be made" and inserting the following: 'or 
cause a report to be made' 
Amend the bill in section 1 in subsection 1 by striking out all of the last paragraph 
(page 2, lines 19 to 23 in L.D.) and inserting the following: 
'Whenever a person is required to report in a capacity as a member of the staff of a 
medical or public or private institution, agency or facility, that person immediately shall 
notify either the person in charge of the institution, agency or facility or a designated 
agent who then shall cause a report to be made. The staff also may make a report directly 
to the department. 
If a person required to report notifies either the person in charge of the institution, agency 
or facility or the designated agent, the notifying person shall acknowledge in writing that 
the institution, agency or facility has provided confirmation to the notifying person that 
another individual from the institution, agency or facility has made a report to the 
department. The confirmation must include, at a minimum, the name of the individual 
making the report to the department. the date and time of the r(!port and a summaty of the 
information conveyed. If the notifying person does not receive the confirmation from the 
institution, agency or facility within 24 hours of the notification, the notifying person 
immediately shall make a report directly to the department. 
An employer may not take any action to prevent or discourage an employee from making 
a report.' 
Amend the bill by adding after section I the following: 
'Sec. 2. 22 MRSA §4011-A, sub-§2, as amended by PL 2007, c. 586, §11, is 
further amended to read: 
COMMITTEE AMENDMENT 
ROFS 
COMMITTEE AMENDMENT" A " to S.P. 74, L.D. 199 
2. Required report to district attorney. When, while acting in a professional 
capacity, any person required to report under this section knows or has reasonable cause 
to suspect that a child has been abused or neglected by a person not responsible for the 
child or that a suspicious child death has been caused by a person not responsible for the 
child, the person immediately shall report or cause a report to be made to the appropriate 
district attorney's office. 
Whenever a person is required to report in a capacity as a member of the staff of a 
medical or public or private institution, agency or facility, that person immediately shall 
notify either the person in charge of the institution, agency or facility or a designated 
agent who then shall cause a report to be made. The staff also may make a report directly 
to the appropriate district attorney's office. 
If a person required to report notifies either the person in charge of the institution, agency 
or facility or the designated agent, the notifying person shall acknowledge in writing that 
the institution, agency or facility has provided conflfD1ation to the notifying person that 
another individual from the institution, agency or facility has made a report to the 
appropriate district attorney's office. The confirmation must include, at a minimum. the 
name of the individual making the report to the appropriate district attorney's office, the 
date and time of the report and a summary of the information conveyed. If the notifying 
person does not receive the conflfD1ation from the institution, agency or facility within 24 
hours of the notification, the notifying person immediately shall make a report directly to 
the appropriate district attorney's office. 
An employer may not take any action to prevent or discourage an employee from making 
a report. t 
SUMMARY 
The bill eliminates language allowing mandated reporters of child abuse and neglect 
to report to an institution, facility or agency rather than directly to the Department of 
Health and Human Services. This amendment retains the current language and instead 
requires a mandated reporter, described as the "notifying person," to acknowledge in 
writing that the mandated reporter has received confirmation that the report has been 
made by the institution, facility or agency to the department. If the mandated reporter 
does not receive that confirmation within 24 hours of notifying the institution, facility or 
agency, the mandated reporter is required to report directly to the department. 
The amendment also prohibits an employer from taking any action to prevent or 
discourage an employee from making a report. 
The amendment adds similar requirements for reports that must be made to the 
appropriate district attorney's office. 
COMMITTEE AMENDMENT