An Act To Improve the Maine Child Welfare Services Ombudsman Program by Providing Additional Resources
Maine Legislature, Session 130, LD 1824
Committee Amendment CA_A_H875 (House)

COMMITTEE AMENDMENT «I/-,, to H.P. 1357, L.D. 1824, "An Act To Improve 
the Maine Child Welfare Services Ombudsman Program by Providing Additional 
Resources" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Establish the Commission To Develop a Pilot Program To Provide Legal 
Representation to Families in the Child Protection System' 
Amend the bill by striking out everything after the title and inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, this resolve establishes the Commission To Develop a Pilot Program To 
Provide Legal Representation to Families in the Child Protection System to develop a pilot 
program to provide legal counsel to parents and custodians as soon as the Depa1iment of 
Health and Human Services has begun a safety assessment to dete1mine if a child is at risk 
of harm; and 
Whereas, low-income parents and custodians are unclear about their rights and the 
expectations of the child protection system; and 
Whereas, legal counsel available at earlier stages in the child protection process has 
shown clear benefits to families in programs operating in other parts of the country; and 
Whereas, the work of the commission must be initiated before the 90-day period 
expires in order that the development of the pilot program may be completed and a report 
submitted in time for submission to the next legislative session; and 
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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" ff, to H.P. 1357, L.D. 1824 
Sec. 1. Commission established. Resolved: That the Commission To Develop 
a Pilot Program To Provide Legal Representation to Families in the Child Protection 
System, referred to in this resolve as "the commission," is established. 
Sec. 2. Commission membership. Resolved: That, notwithstanding Joint Rule 
353, the commission consists of 13 members appointed as follows: 
1. Two members of the Senate appointed by the President of the Senate, including 
members from each of the 2 parties holding the largest number of seats in the Legislature; 
2. Three members of the House of Representatives appointed by the Speaker of the 
House, including members from each of the 2 parties holding the largest number of seats 
in the Legislature; 
3. Three members appointed by the President of the Senate as follows: 
A. A member with experience as an attorney for parents who is a member of the Maine 
State Bar Association; 
B. A member of the Maine Child Welfare Advisory Panel, as recommended by the 
panel; and 
C. 
A member representing the Maine Commission on Indigent Legal Services, 
established in the Maine Revised Statutes, Title 5, section 12004-G, subsection 25-A; 
4. Three members appointed by the Speaker of the House as follows: 
A. 
A member representing a statewide organization providing services or 
representation on domestic violence issues; 
B. A member representing an organization that provides free civil legal assistance 
statewide to residents of the State with low incomes who need assistance resolving civil 
legal disputes; and 
C. 
A member representing a statewide organization representing providers of 
behavioral health or substance use disorder treatment; 
5. The Commissioner of Health and Human Services or the commissioner's designee; 
and 
6. The Attorney General or the Attorney General's designee. 
A member of the Justice for Children Task Force that reports to the Supreme Judicial 
Court, as recommended by the task force, is appointed by the Speaker of the House as a 
nonvoting member. 
Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair 
and the first-named House of Representatives member is the House chair of the 
commission. 
Sec. 4. 
Appointments; convening of commission. 
Resolved: 
That all 
appointments must be made no later than 30 days following the effective date of this 
resolve. The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed. After appointment of all members, 
the chairs shall call and convene the first meeting of the commission. If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
COMMITTEE AMENDMENT 
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COMMI11'EE AMENDMENT,.,.;. H.P. 1357, L.D. 1824 
made, the chairs may request authority and the Legislative Council may grant authority for 
the commission to meet and conduct its business. 
Sec. 5. Duties. Resolved: That the commission shall: 
1. Study programs, policies and contracts for services that provide, in other states, 
regions or municipalities, legal counsel to parents or custodians as soon as that state opens 
a safety assessment or similar initial evaluation to determine if a child is at risk of harm, 
rather than only after that state petitions a court; 
2. Design a pilot program to provide legal counsel to parents or custodians as soon as 
the State opens a safety assessment to determine if a child is at risk of harm. The pilot 
program design must include the following: 
A. The cost of the pilot program, including options for federal or grant funding; 
B. An assessment of the number of additional cases to be referred for legal counsel; 
C. Identification of an appropriate organization or organizations that could provide 
legal counsel in the pilot program; 
D. A method of providing notice from the Department of Health and Human Services 
to the organization or organizations providing legal counsel as well as appropriate 
confidentiality protections; and 
E. An appropriate duration of the pilot program and data required for assessment to 
determine regional or statewide expansion; and 
3. Solicit public comment on the establishment of a pilot program. 
Sec. 6. Staff assistance. Resolved: That the Legislative Council shall provide 
necessary staffing services to the commission, except that Legislative Council staff support 
is not authorized when the Legislature is in regular or special session. 
Sec. 7. Report. Resolved: That, no later than November 2, 2022, the commission 
shall submit a report that includes its findings and recommendations pursuant to section 5, 
including any recommendations for legislation for the pilot program, to the joint standing 
committees of the Legislature having jurisdiction over judiciary matters and health and 
human services matters. The joint standing committees are authorized to report out 
legislation to the First Regular Session of the 131st Legislature. 
Emergency clause. In view of the emergency cited in the preamble, this legislation 
takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment replaces the bill, which is a concept draft, with a resolve that 
establishes the Commission To Develop a Pilot Program To Provide Legal Representation 
to Families in the Child Protection System. The commission is required to develop a pilot 
program to provide legal counsel to parents and custodians as soon as the Department of 
Health and Human Services has begun a safety assessment to determine if a child is at risk 
of harm. The commission is required to submit a report, no later than November 2, 2022, 
with findings and a proposed pilot program, to the joint standing committees of the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT'~ to H.P. 1357, L.D. 1824 
Legislature having jurisdiction over judiciary matters and health and human services 
matters. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/25/22 ;:!;Pae 
LD 1824 
LR 2399(02) 
An Act To Improve the Maine Child Welfare Services Ombudsman Program by Providing Additional 
Resources 
Legislative Cost/Study 
Fiscal Note for Bill as Amended by Committee Amendment l/r{fl,tJ15') 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Legislative Cost/Study 
The general operating expenses of this study are projected to be $1,250 in fiscal year 2021-22 and $1,500 in fiscal 
year 2022-23. The Legislature's budget for the 2022-2023 biennium includes an estimated $6,108 in fiscal year 2021-
and $10,000 in fiscal year 2022-23 for the costs oflegislative studies, as well as $31,260 of balances carried over 
from prior years for this purpose. Whether these amounts are sufficient to fund all studies will depend on the number 
of studies authorized by the Legislative Council and the Legislature. The additional costs of providing staffing 
assistance to the study during the interim can be absorbed utilizing existing budgeted staff resources. 
Fiscal Detail and Notes 
Any additional costs to departments or agencies designated to take part in the Commission to Develop a Pilot Program 
to Provide Legal Representation to Families in the Child Protective System are expected to be minor and can be 
absorbed within existing budgeted resources. 
LR2399(02) - Fiscal Note - Page 1 of 1