An Act To Create a Separate Department of Child and Family Services
Maine Legislature, Session 130, LD 1263
Committee: Health and Human Services
Sponsors: DIAMOND
Amends: 2 MRSA §6

Legislative Document
No. 1263
S.P. 414
In Senate, March 29, 2021
An Act To Create a Separate Department of Child and Family 
Services
Received by the Secretary of the Senate on March 25, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DIAMOND of Cumberland.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  2 MRSA §6, sub-§1, as amended by PL 2011, c. 657, Pt. Y, §1, is further 
amended to read:
1.  Range 91.  The salaries of the following state officials and employees are within 
salary range 91:
Commissioner of Transportation;
Commissioner of Agriculture, Conservation and Forestry;
Commissioner of Administrative and Financial Services;
Commissioner of Education;
Commissioner of Environmental Protection;
Executive Director of Dirigo Health;
Commissioner of Public Safety;
Commissioner of Professional and Financial Regulation;
Commissioner of Labor;
Commissioner of Inland Fisheries and Wildlife;
Commissioner of Marine Resources;
Commissioner of Corrections;
Commissioner of Economic and Community Development;
Commissioner of Defense, Veterans and Emergency Management; and
Executive Director, Workers' Compensation Board.; and
Commissioner of Child and Family Services.
Sec. A-2.  22-B MRSA is enacted to read:
TITLE 22-B
CHILD AND FAMILY SERVICES
SUBTITLE 1
DEPARTMENT OF CHILD AND FAMILY SERVICES
CHAPTER 1
DEPARTMENTAL ORGANIZATION AND OPERATION
SUBCHAPTER 1
GENERAL PROVISIONS
§101.  Definitions
As used in this Title, unless the context otherwise indicates, the following terms have 
the following meanings.
1.  Commissioner.  "Commissioner" means the Commissioner of Child and Family 
Services.
2.  Department.  "Department" means the Department of Child and Family Services.
SUBCHAPTER 2
ORGANIZATION
§201.  Department established
1.  Establishment.  The Department of Child and Family Services is established as a 
cabinet-level department.
2.  Departmental responsibilities.  The department has responsibility for child and 
family services, including but not limited to child welfare, children's behavioral health and 
early childhood services.   
§202.  Programs and services of department
1.  Services for children and families.  Within available funds, the department shall 
provide supportive, preventive, protective, public health and intervention services to 
children and their families.  The department shall endeavor to assist families in providing 
for the developmental health and safety needs of their children, while respecting the rights 
and preferences of the children and their families.  The department shall provide the 
programs and services as specified in this section and otherwise by law:
A.  Child welfare services;
B.  Head Start and child care services;
C.  Maternal and child health services, including home visiting programs;
D.  Parentage establishment and child support enforcement services; and
E.  Residential and long-term care services for children with disabilities.
2.  Delivery of programs and services.  The department shall deliver programs and 
services through a coordinated and efficient administrative structure and an integrated 
delivery system that focuses on meeting the needs of individuals and families.  The 
department shall use a combination of state employees and contracts with private agencies 
to deliver programs and services.
3.  Pilot projects.  The department shall develop pilot projects and demonstration 
projects required by law and shall apply for any authorization necessary to undertake such 
projects.
§203.  Commissioner
The department is under the control and supervision of the Commissioner of Child and 
Family Services, who reports directly to the Governor.
1.  Appointment.  The Governor shall appoint the commissioner, subject to review by 
the joint standing committee of the Legislature having jurisdiction over child welfare 
matters and confirmation by the Senate.  The commissioner serves at the pleasure of the 
Governor.
2.  Vacancy; deputy commissioner.  A vacancy in the office of the commissioner 
must be filled as follows.
A.  Any vacancy of the commissioner's position must be filled in accordance with Title 
5, section 1.
B.  The commissioner shall appoint one of the department's deputy commissioners to 
perform the duties of the commissioner, in addition to the duties of that deputy 
commissioner, during the commissioner's temporary absence or disability.
§204.  Powers and duties of commissioner
The commissioner has all of the powers and duties necessary to carry out the mission 
and responsibilities of the department.  The commissioner has the power to distribute the 
functions and duties given to the commissioner under this Title, Title 22 and Title 34-B 
among the various offices of the department so as to integrate the work properly and to 
promote the most effective and efficient administration of the department.  Wherever in 
this Title, Title 5, Title 22 or Title 34-B powers and duties are given to the commissioner 
or the department, these must be assumed and carried out by the offices that the 
commissioner designates, and these powers and duties may in turn be delegated to 
subordinates by those office directors with the approval of the commissioner.
1.  Administration.  The commissioner shall administer the department in accordance 
with the requirements of this Title and shall fulfill the duties prescribed to the commissioner 
by state and federal law.
2.  Rulemaking.  The commissioner shall adopt rules to implement this Title.  Rules 
adopted pursuant to this subsection are routine technical rules, as defined in Title 5, chapter 
375, subchapter 2-A, unless otherwise specified.
3.  Employees.  The commissioner may employ personnel as necessary to carry out the 
work of the department.  All personnel of the department are under the immediate 
supervision, direction and control of the commissioner.  Department personnel must be 
employed subject to the Civil Service Law, except for positions subject to appointment by 
the commissioner under subsection 4.
4.  Appointments.  All deputy commissioners and office directors are appointed by 
the commissioner and serve at the pleasure of the commissioner.  Deputy commissioners 
and office directors appointed pursuant to this subsection must have educational 
qualifications and professional experience directly related to the functions of and services 
provided by the relevant unit or office.
5.  Grievance procedures.  The commissioner shall establish procedures for hearing 
grievances of children who receive behavioral health services.  The procedures must 
include the opportunity for a timely hearing before a state hearing examiner or an 
independent hearing examiner.  The commissioner may contract for the services of the 
hearing examiner, who shall conduct adjudicatory proceedings pursuant to the Maine 
Administrative Procedure Act.
6.  Children's residential care facilities.  The commissioner shall approve all 
programs for the provision of behavioral health services to children's residential care 
facilities, as defined in Title 22, section 8101, subsection 4, and shall participate in licensure 
of these programs in accordance with Title 22, section 8104.
§205.  Federal funds and commodities
The commissioner, with the consent and approval of the Governor, is authorized and 
empowered to accept any allotments of federal funds and commodities, to manage and 
dispose of the same in whatever manner required by federal law and put into effect the 
United States Social Security Act and any amendments of that act and of other federal acts 
relating to public welfare.
Sec. A-3.  Effective date.  This Part takes effect July 1, 2022.
PART B
Sec. B-1.  Transition.  Notwithstanding the Maine Revised Statutes, Titles 22, 22-A 
and 34-B, the following provisions apply to the reassignment of the duties and 
responsibilities related to child and family services and child welfare within the Department 
of Health and Human Services to the Department of Child and Family Services.
1.  The Department of Child and Family Services is created and established by law.  
All references to, responsibilities of and authority conferred upon the Department of Health 
and Human Services related to child and family services and child welfare are deemed to 
refer to and vest in the Department of Child and Family Services created by this Act.  The 
Department of Child and Family Services is the successor in every way to the powers, 
duties and functions related to child and family services and child welfare as assigned in 
Titles 22, 22-A and 34-B to the Department of Health and Human Services as they pertain 
to services provided to adults, children and families under this Act.
2.  Notwithstanding the provisions of Title 5, all accrued expenditures, assets, 
liabilities, balances of appropriations, allocations, transfers, revenues or other available 
funds in an account or subdivision of an account of the Department of Health and Human 
Services that pertain to the duties of the Department of Child and Family Services as set 
forth in this Act must be transferred to the proper accounts of the Department of Child and 
Family Services by the State Controller or by financial order upon the request of the State 
Budget Officer and with the approval of the Governor.
3.  All rules of the Department of Health and Human Services as they pertain to the 
duties of the Department of Child and Family Services as set forth in this Act that are in 
effect on the effective date of this Act remain in effect until rescinded, revised or amended.
4.  All contracts, agreements and compacts of the Department of Health and Human 
Services as they pertain to the duties set forth in this Act that are in effect on the effective 
date of this Act remain in effect until they expire or are altered by the parties involved in 
the contracts or agreements.  The Department of Child and Family Services is the successor 
agency for all federal block grants and programs administered under the United States 
Social Security Act, as amended, and any other federal programs, grants and contracts that 
relate to child and family services and child welfare.
5.  All records of the Department of Health and Human Services as they pertain to the 
duties set forth in this Act must be transferred to the Department of Child and Family 
Services as necessary to implement this Act.
6.  All property and equipment of the Office of Child and Family Services within the 
Department of Health and Human Services pertaining to the duties set forth in this Act are 
transferred to the Department of Child and Family Services as necessary to implement this 
Act.
7. Employees of the Department of Child and Family Services who were employees of 
the Department of Health and Human Services immediately prior to the effective date of 
this Act retain all their employee rights, privileges and benefits, including sick leave, 
vacation and seniority, provided under the Civil Service Law or collective bargaining 
agreements. The Department of Administrative and Financial Services, Bureau of Human 
Resources shall provide assistance to the affected departments and shall assist with the 
orderly implementation of this subsection.
8.  By January 31, 2022, the Commissioner of Child and Family Services shall submit 
a report, including recommendations and any necessary legislation, to the Governor and 
the joint standing committee of the Legislature having jurisdiction over child welfare 
matters regarding the establishment and implementation of the Department of Child and 
Family Services.
Sec. B-2.  Conflicts and inconsistencies.  If the Commissioner of Child and Family 
Services finds a conflict or inconsistency between provisions in the Maine Revised Statues, 
Titles 22, 22-A and 34-B or rules adopted under those titles, the commissioner shall attempt 
to resolve that conflict or inconsistency by interpreting the laws or rules together to give 
effect to the intent of the Legislature or agency, as the case may be.  If the commissioner 
determines rulemaking is required to resolve a conflict or inconsistency, the commissioner 
may adopt rules as authorized under Title 22-B, section 204, subsection 2.  In adopting 
rules under this section, the commissioner has sole discretion to determine whether an 
emergency exists.  The commissioner shall notify the members of the joint standing 
committee of the Legislature having jurisdiction over child welfare matters prior to 
adopting any emergency rule under this section.
Sec. B-3.  Legislation; schedule.  The Commissioner of Child and Family Services, 
and designees selected by the commissioner, shall work with the joint standing committee 
of the Legislature having jurisdiction over child welfare matters and staff from the Office 
of Policy and Legal Analysis and the Office of the Revisor of Statutes to review those parts 
of the Maine Revised Statutes governing the Department of Health and Human Services, 
including but not limited to Titles 22, 22-A, 22-B and 34-B.  The purpose of the review is 
to develop legislation to consolidate existing law into Title 22-B, to update Title 22-B and 
to correct any errors and inconsistencies in law that result from this Act.  By November 30, 
2022, the commissioner and the committee shall agree on the format and organization of 
Title 22-B.  By November 30, 2022, the commissioner shall submit the legislation 
developed pursuant to this section to the First Regular Session of the 131st Legislature.
Sec. B-4.  Interim meetings; authorized.  The joint standing committee of the 
Legislature having jurisdiction over child welfare matters is authorized to meet as needed, 
but shall meet at least 3 times, during the 2021 legislative interim to carry out its 
responsibilities to oversee planning, service delivery and implementation issues related to 
the establishment of the Department of Child and Family Services.  At these meetings, the 
Commissioner of Child and Family Services shall brief the committee on planning issues, 
progress, challenges and the timeline for implementation.  The committee shall provide 
opportunities for consumers, providers and advocates to speak to the committee.  The 
committee may submit legislation to the Second Regular Session of the 130th Legislature 
based on these meetings.
Sec. B-5.  Budget.  The Department of Administrative and Financial Services, Bureau 
of the Budget shall work with employees of the Department of Health and Human Services 
with regard to the duties transferred to the Department of Child and Family Services as set 
forth in this Act to develop the budget for the Department of Child and Family Services.
Sec. B-6.  Federal approval.  If the Commissioner of Child and Family Services 
determines that federal approval will not be obtained for any part of this Act that requires 
federal approval, the commissioner shall notify the joint standing committee of the 
Legislature having jurisdiction over child welfare matters, the joint standing committee of 
the Legislature having jurisdiction over appropriations and financial affairs and the 
Executive Director of the Legislative Council.
SUMMARY
This bill creates a new Department of Child and Family Services by transferring the 
functions of the Department of Health and Human Services that relate to child and family 
services and child welfare to the new department.  The Department of Child and Family 
Services will have a commissioner appointed by the Governor and confirmed by the 
Legislature as is the current Commissioner of Health and Human Services.  The bill also 
establishes provisions for transferring functions to the new department.