An Act To Clarify Requirements for Criminal History Record Checks Pursuant to the Federal Family First Prevention Services Act
Maine Legislature, Session 130, LD 0335
Committee: Health and Human Services
Sponsors: MADIGAN
Amends: 22 MRSA §8110

Legislative Document
No. 335
H.P. 239
House of Representatives, February 8, 2021
An Act To Clarify Requirements for Criminal History Record 
Checks Pursuant to the Federal Family First Prevention Services 
Act
(EMERGENCY)
Received by the Clerk of the House on February 4, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative MADIGAN of Waterville.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, amendment of the Maine Revised Statutes, Title 22, section 8110 is 
required in order to conform to the federal Family First Prevention Services Act in 2021;
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §8110, as enacted by PL 2019, c. 399, §1, is amended by 
amending the section headnote to read:
§8110.  Criminal history record checks for employees of children's residential care 
facilities, emergency children's shelters, shelters for homeless children and 
any group home that provides care for children
Sec. 2.  22 MRSA §8110, sub-§2, as enacted by PL 2019, c. 399, §1, is amended to 
read:
2.  Criminal history; information about criminal records and data obtained.  The 
department shall obtain, in print or electronic format, criminal history record information 
containing a record of public criminal history record information as defined in Title 16, 
section 703, subsection 8, from the Maine Criminal Justice Information System, established 
pursuant to Title 16, section 631, and the Federal Bureau of Investigation, for any staff 
member of a children's residential care facility, an emergency children's shelter, a shelter 
for homeless children or any group home that provides care for children in order to comply 
with the federal family first prevention services legislation Family First Prevention 
Services Act.  For purposes of this section, "staff member" means an individual who is 
employed by, or has applied for and may be offered employment at, a children's residential 
care facility, an emergency children's shelter, a shelter for homeless children or any group 
home that provides care for children, including a contract employee or self‑employed 
individual, whether or not the individual has direct contact with children.  "Staff member" 
does not include a contractor performing maintenance or repairs at the children's residential 
care facility, emergency children's shelter, shelter for homeless children or group home that 
provides care for children who does not have unsupervised access to children at the facility, 
shelter or group home.
Sec. 3.  22 MRSA §8110, sub-§3, as enacted by PL 2019, c. 399, §1, is amended to 
read:
3.  Fingerprint-based criminal history obtained.  A staff member shall consent to 
and have the staff member's fingerprints taken.  The State Police shall take or cause to be 
taken the fingerprints of a staff member who has consented under this subsection and shall 
forward the fingerprints to the Department of Public Safety so that the Department of Public 
Safety may conduct a state and national criminal history record check on the person.  The 
Department of Public Safety shall forward the results obtained to the department.  The State 
Police shall assess a fee set annually by the Department of Public Safety to be paid by the 
children's residential care facility, emergency children's shelter, shelter for homeless 
children or group home that provides care for children or the staff member for each criminal 
history record check required to be performed under this section.  Except for the portion of 
the payment that constitutes the processing fee charged by the Federal Bureau of 
Investigation, all money received by the State Police under this subsection must be paid to 
the Treasurer of State, who shall apply the money to the expenses of administration of this 
section by the Department of Public Safety.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
The federal Family First Prevention Services Act requires fingerprint-based 
background checks of staff of any "child-care institution, including a group home, 
residential treatment center, shelter, or other congregate care setting."  Current Maine law 
requiring these background checks references residential care facilities.  This bill amends 
the law to conform to the federal law, providing that the background check requirements 
apply to emergency children's shelters, shelters for homeless children and any group home 
that provides care for children.