An Act To Facilitate the Conversion of Children's Private Nonmedical Institutions to Qualified Residential Treatment Programs as Required by Federal Law
Maine Legislature, Session 130, LD 0632
Committee: Health and Human Services
Sponsors: CLAXTON
Amends: 22 MRSA §4002, 22 MRSA §4061, 22 MRSA §4066

Legislative Document
No. 632
S.P. 246
In Senate, March 3, 2021
An Act To Facilitate the Conversion of Children's Private 
Nonmedical Institutions to Qualified Residential Treatment 
Programs as Required by Federal Law
Received by the Secretary of the Senate on March 1, 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 CLAXTON of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §4002, sub-§6-B is enacted to read:
6-B.  Qualified professional.  "Qualified professional" means a qualified individual 
as defined in the federal Bipartisan Budget Act of 2018, Public Law 115-123, Division E, 
Title VII (2018), known as the Family First Prevention Services Act.
Sec. 2.  22 MRSA §4002, sub-§6-C is enacted to read:
6-C.  Qualified residential treatment program.  "Qualified residential treatment 
program" means a program within a licensed children's residential care facility as defined 
in section 8101, subsection 4 that provides continuous 24-hour care and supportive services 
to children in a residential nonfamily home setting that:
A.  Uses a trauma-informed treatment model that is designed to address the clinical and 
other needs of children with serious emotional and behavioral disorders or 
disturbances;
B.  Implements a specific treatment recommended in a needs assessment completed by 
a qualified professional;
C.  Employs registered or licensed nursing staff and other licensed clinical staff who 
are:
(1) On site according to the treatment model used pursuant to paragraph A and 
during business hours; and
(2) Available 7 days a week on a 24-hour basis;
D.  Appropriately facilitates outreach to family members and integrates those family 
members into the treatment of children;
E.  Provides discharge planning for children;
F.  Is licensed by the department in accordance with the United States Social Security 
Act, Section 471(a)(10); and
G.  Is accredited by an independent nonprofit organization approved by the department.
Sec. 3.  22 MRSA §4061, sub-§1, as amended by PL 1983, c. 354, §6, is further 
amended to read:
1.  Department.  The department shall care for a child ordered into its custody in 
licensed or approved family foster homes, in other residential child care facilities, including 
a qualified residential treatment program, or in other living arrangements as appropriate to 
meet the child's individual needs.
Sec. 4.  22 MRSA §4066, sub-§6, as enacted by PL 1997, c. 322, §1, is amended to 
read:
6.  Out-of-state placement.  The number of children in the care and custody of the 
department placed out-of-state for hospitalization and residential care and the costs for 
each; and
Sec. 5.  22 MRSA §4066, sub-§6-A is enacted to read:
6-A.  Compliance with federal law.  An assessment of the State's compliance with 
the federal Bipartisan Budget Act of 2018, Public Law 115-123, Division E, Title VII 
(2018), known as the Family First Prevention Services Act; and
Sec. 6.  Department of Health and Human Services to develop a plan for 
compliance with federal law.  The Department of Health and Human Services shall 
develop a plan for conversion of children's private nonmedical institutions to qualified 
residential treatment programs so that the State complies with the requirements of the 
federal Bipartisan Budget Act of 2018, Public Law 115-123, Division E, Title VII (2018), 
known as the Family First Prevention Services Act.  The department shall establish the 
requirements, timelines and estimated costs for children's private nonmedical institutions 
licensed on the effective date of this Act to convert to qualified residential treatment 
programs.  The department shall establish a method of providing financial resources to 
children's private nonmedical institutions to pay for the costs of conversion. The plan must 
include how those resources will be acquired, including, but not limited to, requests to the 
Legislature for appropriation, grant funding and reallocating resources within the 
department.
Sec. 7.  Waiver authorization.  If the Department of Health and Human Services 
is unable to meet the deadlines required by the federal Bipartisan Budget Act of 2018, 
Public Law 115-123, Division E, Title VII (2018), known as the Family First Prevention 
Services Act, the department is authorized to apply for any waivers or extensions necessary 
from the United States Department of Health and Human Services.
SUMMARY
This bill requires the Department of Health and Human Services to develop a plan for 
converting children's private nonmedical institutions to qualified residential treatment 
programs as required by the federal Family First Prevention Services Act.  The department 
must establish requirements, timelines and costs for the children's private nonmedical 
institutions for converting to qualified residential treatment programs.  It also requires the 
department to establish a method of providing financial resources to those institutions for 
converting.  The bill also adds definitions for "qualified professional" and "qualified 
residential treatment program" in the Child and Family Services and Child Protection Act 
and requires the annual report to the Legislature submitted pursuant to that Act to include 
an assessment of compliance with the federal Family First Prevention Services Act.