An Act to Ensure Access by Parties and Attorneys to Records m Child and Adult Protect10n Proceedmgs
Maine Legislature, Session 131, LD 0773
Committee Amendment CA_A_S109 (Senate)
Amends: 18-C MRSA §5, 22 MRSA §3474, 22 MRSA §4032

COMMITTEE AMENDMENT" /-} "to S P 332, L D 773, "An Act to Ensure Access 
by Parties and Attorneys to Records m Child and Adult Protect10n Proceedmgs" 
Amend the bill by msertmg after the enactmg clause and before after section 1 the 
followmg 
'Sec. 1. 18-C MRSA §5-701, sub-§4 is enacted to read 
4. Access to records. In any case m which a pubhc guardian or conservator may be 
or has been appomted by the court under this Article, the Department of Health and Human 
Services shall disclose to the respondent and the respondent's attorney relevant mformat10n 
from the department's records as required by Title 22, section 3474, subsection 3, paragraph 
E.. 
Sec. 2. 22 MRSA §3474, sub-§2, ~' as amended by PL 2003, c 653, §6, is further 
amended to read 
D A.n 1-fl:eapaerta-teel er elepeneleBt aeh¼k nameel m a reeerel vke 1s reperteel te ae aaaseel, 
negleeteel er e*plmteel er the The caretaker, guardian or conservator of the an 
mcapacitated or dependent adult named m a record who is reported to be abused, 
neglected or exploited,' 
Amend the bill by stnkmg out all of section 3 and msertmg the followmg 
'Sec. 3. 22 MRSA §3474, sub-§3, ~ 
1s enacted to read 
F The adult who 1s the sub1ect of the record and the adult's attorney, with protection 
for 1dent1ty of reporters and other persons when appropnate N othmg m this paragraph 
requires the department to disclose mformation to a guardian or conservator of the adult 
who is the sub1ect of the record' 
Amend the bill by msertmg after sect10n 7 the followmg 
'Sec. 8. 22 MRSA §4032, sub-§2, 1 C-1 is enacted to read 
C-1 The phone number and e-mail address, if known, of each parent and custodian, 
unless the pet1t10ner has reason to believe that disclosmg the phone number or e-mail 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT" A-" 1o SP 332, L D 7~; ( s-I OC\ J 
( 
address of the parent and custodian to another parent and custodian m the proceedmg 
would create a safety nsk or the petitioner has reason to believe that a parent and 
custodian has taken steps to avoid d1sclosmg that parent's and custodian's phone 
number or e-mail address to another parent and custodian m the proceedmg' 
Amend the bill by relettenng or renumbermg any nonconsecutive Part letter or section 
number to read consecutively 
SUMMARY 
This amendment clanfies that, while the Department of Health and Human Services 
has d1scret1on to disclose mformat1on m its adult protective records to the guardian or 
conservator of an adult who 1s the subject of the record, the department 1s reqmred to 
disclose mformat1on m its adult protective records to the adult who 1s the subject of the 
record and the adult's attorney It also adds a conformmg amendment to the Mame Umform 
Probate Code requrrmg the disclosure of mformat1on m adult protective records to the adult 
who 1s the subject of the record and the adult's attorney m any case m which a pubhc 
guardian or conservator has been or may be appomted 
To fac1htate the m1tial commumcat1on between attorneys assigned to represent parents 
and custodians m child protect10n proceedmgs and therr chents, the amendment also 
requrres the department to mclude m a child protection petition the phone number and 
e-mail address, If known, of each parent and custodian 
Inclus10n of a parent's and 
custodian's phone number and e-mail address m the petition 1s not requrred 1f the parent 
and custodian has taken steps to keep that parent's and custodian's phone number or e-mail 
address pnvate from another parent and custodian m the proceedmg or 1f disclosure of this 
mformat10n to another parent and custodian m the proceedmg would create a safety nsk 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 04/04/23 feae 
LD773 
LR 254(02) 
An Act to Ensure Access by Parties and Attorneys to Records in Child and Adult Protection 
Proceedings 
Fiscal Note for Bill as Amended by Committee Amendment '~f l.5-/o°t \ 
Committee: Judiciary 
~ 
Fiscal Note Required: Yes 
Fiscal Note 
Mmor cost mcrease - General Fund 
Fiscal DetaII and Notes 
Any additional costs to the Department of Health and Human Services from the provis10ns of this bill are expected to 
\ be mmor and can be absorbed withm existmg budgeted resources 
) 
LR0254(02) - Fiscal Note - Page 1 of 1