An Act To Allow the Release of Child Protective Records to Certain Providers of Child and Adult Services
Maine Legislature, Session 127, LD 1238
Committee: Health and Human Services
Sponsors: BRAKEY, SANDERSON
Amends: 22 MRSA §4008

Legislative Document 
No. 1238 
S.P. 443 
In Senate, April 7, 2015 
An Act To Allow the Release of Child Protective Records to Certain 
Providers of Child and Adult Services 
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. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator BRAKEY of Androscoggin. 
Cosponsored by Representative SANDERSON of Chelsea. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §4008, sub-§2, ¶J, as amended by PL 2007, c. 140, §6, is 
further amended to read: 
J.  A person making a report of suspected abuse or neglect. The department may only 
disclose that it has not accepted the report for investigation, unless other disclosure 
provisions of this section apply; and 
Sec. 2.  22 MRSA §4008, sub-§2, ¶K, as enacted by PL 2007, c. 140, §7 and 
amended by PL 2011, c. 657, Pt. W, §5, is further amended to read: 
K.  The local animal control officer or the animal welfare program of the Department 
of Agriculture, Conservation and Forestry established pursuant to Title 7, section 
3902 when there is a reasonable suspicion of animal cruelty, abuse or neglect.  For 
purposes of this paragraph, "cruelty, abuse or neglect" has the same meaning as 
provided in Title 34-B, section 1901, subsection 1, paragraph B.; and 
Sec. 3.  22 MRSA §4008, sub-§2, ¶L is enacted to read: 
L.  A person, organization, employer or agency for the purpose of carrying out 
background or employment-related screening of an individual who is or may be 
engaged in: 
(1) Child-related activities or employment; or 
(2) Activities or employment relating to adults with intellectual disabilities, 
autism, related conditions as set out in 42 Code of Federal Regulations, Section 
435.1010 or acquired brain injury. 
Sec. 4.  22 MRSA §4008, sub-§6, as enacted by PL 2003, c. 673, Pt. W, §1, is 
amended to read: 
6.  Disclosing information; establishment of fees; rules.  The department may 
accept requests and charge fees for research searching and disclosure of disclosing 
information in its records as provided in this subsection. 
A.  The department may charge fees for the services listed in paragraph B to any 
person except the following: 
(1)  A parent in a child protection proceeding, an attorney who represents a 
parent in a child protection proceeding or a guardian ad litem in a child protection 
proceeding when the parent, attorney or guardian ad litem requests the service for 
the purposes of the child protection proceeding; 
(2)  An adoptive parent or prospective adoptive parent who requests information 
in the department's records relating to the child who has been or might be 
adopted; 
(3)  A person having the legal authorization to evaluate or treat a child, parent or 
custodian who is the subject of a record, including a member of a treatment team 
or group convened to plan for or treat a child or family that is the subject of a 
record; the information in the record must be requested for the purpose of 
evaluating or treating the child, parent or custodian who is the subject of the 
record; 
(4)  Governmental entities of this State that are not engaged in licensing; and 
(5)  Governmental entities of any county or municipality of this State that are not 
engaged in licensing. 
A request or An order by a court for disclosure of information in records pursuant to 
subsection 3, paragraph B must be deemed to have been made by the person 
requesting that the court order the disclosure. 
B.  The department may charge fees for the following services: 
(1)  Researching Searching its records to determine whether a particular person is 
named in the records; 
(2)  Receiving and responding to a request for disclosure of information in 
department records, whether or not the department grants the request; and 
(3)  Disclosing information in department records. 
C.  The department may shall adopt rules governing requests for the services listed in 
paragraph B.  Those rules may provide for a mechanism for making a request, the 
information required in making a request, the circumstances under which requests 
will be granted or denied and any other matter that the department determines 
necessary to efficiently respond to requests for disclosure of information in the 
records.  The rules must establish a list of specified categories of activities or 
employment for which the department may provide information for background or 
employment-related screening pursuant to subsection 2, paragraph L.  Rules adopted 
pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A. 
D.  The department shall establish a schedule of fees by rule.  The schedule of fees 
may provide that certain classes of persons are exempt from the fees, and it may 
establish different fees for different classes of persons.  All fees collected by the 
department must be deposited in the General Fund.  Rules adopted pursuant to this 
paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
E.  A governmental entity that is engaged in licensing may charge an applicant for the 
fees imposed on it by the department for research and disclosure of searching and 
disclosing information in its records. 
F.  This subsection may not be construed to permit or require the department to make 
a disclosure in any particular case. 
SUMMARY 
This bill amends the Child and Family Services and Child Protection Act to make it 
clear that, in addition to searching and providing information in its records to professional 
and occupational licensing boards, the Department of Health and Human Services also 
may provide information for a person or employer to conduct background or 
employment-related screening for persons to engage in child-related activities or 
employment or activities or employment relating to disabled adults.  This change is based 
on the federal Child Abuse Prevention and Treatment Act.