An Act To Enhance the Child Welfare Ombudsman Program
Maine Legislature, Session 130, LD 1755
Committee: Health and Human Services
Sponsors: CURRY, BAILEY, BALDACCI, CARNEY, CLAXTON, DIAMOND, MOORE, CRAVEN, HARNETT
Amends: 22 MRSA §4004, 22 MRSA §4008, 22 MRSA §4087-A

Legislative Document
No. 1755
S.P. 615
In Senate, December 2, 2021
An Act To Enhance the Child Welfare Ombudsman Program
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203.
Received by the Secretary of the Senate on November 30, 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 CURRY of Waldo.
Cosponsored by Senators: BAILEY of York, BALDACCI of Penobscot, CARNEY of 
Cumberland, CLAXTON of Androscoggin, DIAMOND of Cumberland, MOORE of 
Washington, Representatives: CRAVEN of Lewiston, HARNETT of Gardiner.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §4004, sub-§1, ¶E, as amended by PL 2017, c. 473, §1, is further 
amended to read:
E.  Establishing a child death and serious injury review panel for reviewing deaths and 
serious injuries to children.  The panel consists of the following members: the Chief 
Medical Examiner, a pediatrician, a public health nurse, forensic and community 
mental health clinicians, law enforcement officers, departmental child welfare staff, 
district attorneys and, criminal or civil assistant attorneys general and the ombudsman 
appointed pursuant to section 4087-A or a designee of the ombudsman.
The purpose of the panel is to recommend to state and local agencies methods of 
improving the child protection system, including modifications of statutes, rules, 
policies and procedures. Beginning January 1, 2023 and every 2 years thereafter, the 
department shall submit a report to the joint standing committee of the Legislature 
having jurisdiction over health and human services matters on the panel’s 
recommendations for improving the child protection system;
Sec. 2.  22 MRSA §4008, sub-§3-A, as enacted by PL 1993, c. 294, §4, is amended 
to read:
3-A.  Confidentiality.  The proceedings and records of the child death and serious 
injury review panel created in accordance with section 4004, subsection 1, paragraph E are 
confidential and are not subject to subpoena, discovery or introduction into evidence in a 
civil or criminal action.  The commissioner shall disclose conclusions of the review panel 
upon request and pursuant to section 4004, subsection 1, paragraph E, but may not disclose 
data that is otherwise classified as confidential.
Sec. 3.  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, and those 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. 4.  22 MRSA §4087-A, sub-§3, as enacted by PL 2001, c. 439, Pt. X, §5, is 
amended to read:
3.  Contracted services 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 5-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. 5.  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 system-wide 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. 6.  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. 7.  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 committees of the Legislature having 
jurisdiction over health and human services matters and government oversight matters shall 
review the operations of the program and may make recommendations to the Governor 
regarding the contract for services under this section. The Each 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 5-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 system-wide 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.
13. It provides that the joint standing committee of the Legislature having jurisdiction 
over government oversight matters along with the joint standing committee of the 
Legislature having jurisdiction over health and human services matters, as in current law, 
shall review the operations of the ombudsman program and authorizes the committees to 
submit legislation.
This bill also includes the ombudsman as a member of the child death and serious 
injury review panel established by the Department of Health and Human Services and 
requires that the panel, beginning January 1, 2023 and every 2 years thereafter, submit a 
report on the panel’s recommendations to the joint standing committee having jurisdiction 
over health and human services matters.