An Act To Protect a Child from Misuse of Identity
Maine Legislature, Session 127, LD 0219
Committee: Health and Human Services
Sponsors: BRYANT, DIAMOND, FARNSWORTH, GATTINE, MONAGHAN, TUELL, GERZOFSKY, MIRAMANT, PATRICK
Amends: 22 MRSA §42

Legislative Document 
No. 219 
H.P. 151 
House of Representatives, February 3, 2015 
An Act To Protect a Child from Misuse of Identity 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative BRYANT of Windham. 
Cosponsored by Senator DIAMOND of Cumberland and 
Representatives: FARNSWORTH of Portland, GATTINE of Westbrook, McCREIGHT of 
Harpswell, MONAGHAN of Cape Elizabeth, TUELL of East Machias, Senators: 
GERZOFSKY of Cumberland, MIRAMANT of Knox, PATRICK of Oxford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §42, sub-§10 is enacted to read: 
10.  Protection of a child from misuse of identity.  The department shall adopt rules 
to protect a child from the misuse of the identity of the child for household, business or 
commercial purposes. Rules adopted pursuant to this subsection are routine technical 
rules as defined by Title 5, chapter 375, subchapter 2-A.  The rules must provide for the 
following procedures when a person in a household that includes a minor child applies for 
cash or medical assistance from the department or renews an application for cash or 
medical assistance: 
A.  Enabling the department to review information about and inquire and ascertain 
whether a person who is applying for or renewing an application for cash or medical 
assistance has misused the identity of the child including, but not limited to, the 
social security number and credit history of the child; 
B.  Requiring that, in applying for or renewing an application for cash or medical 
assistance, the applicant and the child, if the child is able to sign a release, each sign a 
release authorizing the department to make the inquiry and to receive and review any 
information under paragraph A.  The rules must require releases with respect to all 
children in a household; and 
C.  Referring the matter to the Attorney General for consideration and possible legal 
action if the department determines that the identity of a child has been misused. 
The department shall report by April 1st each year to the joint standing committee of the 
Legislature having jurisdiction over health and human services matters on the results of 
inquiries, reviews of information and referrals made pursuant to this subsection. 
SUMMARY 
This bill directs the Department of Health and Human Services to adopt rules to 
protect a child from the misuse of the identity of the child for household, business or 
commercial purposes. The rules must provide for releases to make an inquiry, to review 
information and to refer a matter to the Attorney General if the department finds that a 
person has misused a child's identity for household, business or commercial purposes.  
The bill requires the department to report by April 1st each year to the joint standing 
committee of the Legislature having jurisdiction over health and human services matters 
on the results of child identity inquiries, reviews of information and referrals.