An Act To Enhance the Child Welfare Ombudsman Program
Maine Legislature, Session 129, LD 1595
Committee: Health and Human Services
Sponsors: MASTRACCIO, GRATWICK, FAY, FECTEAU, GATTINE, HYMANSON, KORNFIELD, MADIGAN, BELLOWS, BREEN
Amends: 22 MRSA §4087-A

Legislative Document
No. 1595
H.P. 1154
House of Representatives, April 18, 2019
An Act To Enhance the Child Welfare Ombudsman Program
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MASTRACCIO of Sanford.
Cosponsored by Senator GRATWICK of Penobscot and
Representatives: FAY of Raymond, FECTEAU of Biddeford, GATTINE of Westbrook, 
HYMANSON of York, KORNFIELD of Bangor, MADIGAN of Waterville, Senators: 
BELLOWS of Kennebec, BREEN of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §4087-A, sub-§2, as enacted by PL 2001, c. 439, Pt. X, §5 and 
amended by PL 2003, c. 689, Pt. B, §6, is further amended to read:
2.  Program established.  The ombudsman program is established as an independent 
program within the Executive Department to provide ombudsman services to the children 
and families of the State regarding child welfare services provided by the Department of 
Health and Human Services.  The program shall consider and promote the best interests 
of the child involved, answer inquiries and investigate, advise and work toward resolution 
of complaints of infringement of the rights of the child and family involved.  The 
program shall provide oversight of child welfare practice and policy to ensure the rights 
and safety of children and their families.  The program must be staffed, under contract, by 
a full-time ombudsman and 2 full-time associate ombudsmen, which positions must be 
filled by an attorney or a master's level social worker who must have experience in with 
experience in child welfare and child development and advocacy, and support staff as 
determined to be necessary.  The program must be supported by a full-time administrative 
assistant.  The program shall function through the staff of the program and volunteers 
recruited and trained to assist in the duties of the program.  Office space must be included 
in funds budgeted to the program.
Sec. 2.  22 MRSA §4087-A, sub-§3, as enacted by PL 2001, c. 439, Pt. X, §5, is 
amended to read:
3.  Appointment.  The program shall operate by contract with as a nonprofit 
organization that the Executive Department determines to be is free of potential conflict 
of interest and best able to provide the investigative, oversight and advocacy services on a 
statewide basis.  The Governor shall appoint the ombudsman, subject to review by the 
joint standing committee of the Legislature having jurisdiction over health and human 
services matters and to confirmation by the Legislature.  The ombudsman serves a 7-year 
term of office.  The program functions with a nonprofit structure.  The ombudsman shall 
submit the ombudsman's budget recommendations, using a format prescribed by the State 
Budget Officer, as part of the unified current services budget legislation in accordance 
with Title 5, sections 1663 to 1666.  Funds appropriated or allocated to the program must 
be expended at the discretion of the ombudsman.  Full-time employees of the program 
must have access to health insurance benefits provided to state employees, including 
health insurance benefits for family members, and retirement benefits provided to state 
employees.  The ombudsman and staff are not considered state employees, but employees 
of the nonprofit organization.  The ombudsman may not be actively involved in state-
level political party activities or publicly endorse, solicit funds for or make contributions 
to political parties on the state level or candidates for statewide elective office.  The 
ombudsman may not be a candidate for or hold any statewide elective or appointive 
public office.
Sec. 3.  22 MRSA §4087-A, sub-§4, as amended by PL 2005, c. 410, §1, is 
further amended to read:
4.  Services.  The program shall provide services directly or under contract to 
individuals and families and may provide systemwide comment to the department and the 
joint standing committee of the Legislature having jurisdiction over health and human 
services matters.  The first priority in the work of the program and any contract for 
ombudsman services must be case-specific advocacy services.  In performing services 
under this section, the program, as it determines to be appropriate, may create and 
maintain records and case-specific reports.  Any work on systems improvements or 
lobbying must be adjunctive to case-specific activities The program may provide relevant 
oversight of child welfare services as the ombudsman considers important to the rights 
and safety of children and families.  The program may:
A.  Provide information to the public about the services of the program through a 
comprehensive outreach program.  The ombudsman shall provide information 
through a toll-free telephone number or numbers;
B.  Answer inquiries, investigate and work toward resolution of complaints regarding 
the performance and services of the department and participate in conferences, or 
meetings and studies that may improve the performance of the department;
C.  Provide services to persons to assist them in protecting their rights;
D.  Inform persons of the means of obtaining services from the department;
E.  Provide information and referral services;
F.  Analyze and provide opinions and recommendations to agencies, the Governor 
and the Legislature on current or proposed state programs, rules, policies and laws;
G.  Determine what types of complaints and inquiries will be accepted for action by 
the program and adopt policies and procedures regarding communication with 
persons making inquiries or complaints and the department;
H.  Apply for and utilize grants, gifts and funds for the purpose of performing the 
duties of the program; and
I.  Collect and analyze records and data relevant to the duties and activities of the 
program and make reports as required by law or determined to be appropriate.
The department or designee of the department shall inform the ombudsman of any 
statewide policy or practice changes in child welfare before these changes take effect.  
The ombudsman must be allowed to participate in any department trainings, studies or 
policy development activities at the ombudsman's request.
The ombudsman must have input into training initiatives for personnel in and outside of 
the department, including mandated reporter training.  The ombudsman must be available 
to provide information about child welfare issues on a statewide basis to individuals and 
entities outside the department.
Sec. 4.  22 MRSA §4087-A, sub-§6, as repealed and replaced by PL 2005, c. 410, 
§2, is amended to read:
6.  Confidentiality of records.  Information held by or records or case-specific 
reports maintained by the program are confidential.  Disclosure may be made as allowed 
or required in accordance with the provisions of section 4008, subsections 2 and 3.  The 
ombudsman may disclose confidential information, records or case-specific reports to a 
joint standing committee, joint select committee or oversight committee of the 
Legislature meeting in executive session.  Unlawful dissemination is subject to the 
provisions of section 4008, subsection 4.  Except as provided in this subsection, 
ombudsman communications with the department are not confidential and are a matter of 
public record.
Sec. 5.  22 MRSA §4087-A, sub-§11, as enacted by PL 2001, c. 439, Pt. X, §5, is 
amended to read:
11.  Oversight.  The joint standing committee of the Legislature having jurisdiction 
over health and human services matters shall review the operations of the program and 
may make recommendations to the Governor regarding the contract for services under 
this section.  The committee may submit legislation that it determines necessary to amend 
or repeal this section.
SUMMARY
This bill makes the following changes to the laws governing the ombudsman program 
that provides ombudsman services to the children and families of the State regarding 
child welfare services provided by the Department of Health and Human Services.
1.  It provides that the program is an independent program operated as a nonprofit 
organization to provide investigative, oversight and advocacy services on a statewide 
basis.
2.  It requires the program to provide oversight of child welfare practice and policy to 
ensure the rights and safety of children and their families.
3.  It specifies staffing for the program.
4.  It provides that the Governor appoints the ombudsman, subject to review by the 
joint standing committee of the Legislature having jurisdiction over health and human 
services matters and to confirmation by the Legislature.
5.  It provides that the ombudsman serves a 7-year term of office.
6.  It requires the ombudsman to submit the ombudsman's budget recommendations, 
using a format prescribed by the State Budget Officer, as part of the unified current 
services budget legislation.
7.  It provides full-time program employees access to health insurance benefits 
provided to state employees and retirement benefits provided to state employees.
8.  It requires the program to provide services directly to individuals and families and 
authorizes the program to provide systemwide comment to the department and the joint 
standing committee of the Legislature having jurisdiction over health and human services 
matters.
9.  It requires the department to inform the ombudsman of any statewide policy or 
practice changes in child welfare before they take effect.
10.  It allows the ombudsman to participate in trainings, studies or policy 
development activities conducted by the department.
11.  It requires the ombudsman to be available to provide information about child 
welfare issues on a statewide basis to individuals and entities outside the department.
12.  It authorizes the ombudsman to disclose confidential information, records or 
case-specific reports to a joint standing committee, joint select committee or oversight 
committee of the Legislature meeting in executive session.