An Act to Develop a Pilot Program to Provide Legal Representation to Families in the Child Protection System
Maine Legislature, Session 131, LD 1240
Committee: Health and Human Services
Sponsors: STOVER, CRAVEN, GATTINE, GRAHAM, GRAMLICH, MADIGAN, MEYER, MILLETT
Amends: 4 MRSA §1807, 22 MRSA §4005-I

Legislative Document
No. 1240
H.P. 788
House of Representatives, March 21, 2023
An Act to Develop a Pilot Program to Provide Legal Representation 
to Families in the Child Protection System
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative STOVER of Boothbay.
Cosponsored by Representatives: CRAVEN of Lewiston, GATTINE of Westbrook, GRAHAM 
of North Yarmouth, GRAMLICH of Old Orchard Beach, MADIGAN of Waterville, MEYER 
of Eliot, MILLETT of Cape Elizabeth.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  4 MRSA §1807 is enacted to read:
§1807.  Prepetition pilot program for families in the child protection system
The commission shall design and implement a 2-year pilot program to provide legal 
counsel and related advocacy services to a target population of parents or custodians of a 
child at the prepetition stage, or when the Department of Health and Human Services 
commences an investigation of a report of suspected abuse or neglect to determine if a child 
is at risk of harm.
1.  Goals.  The commission shall design the pilot program to meet the following goals:
A.  To provide legal and other resources to parents and custodians early in the child 
protection investigation process so that children can remain safe and families can help 
their children thrive without the need for further state intervention;
B.  To promote equity in the outcome of child protection investigations for families of 
disparate socioeconomic circumstances; and
C.  To increase parents' and custodians' understanding of the child protection 
investigation process and how they can engage in the process to achieve positive 
outcomes.
2.  Target population.  The commission, in partnership with the Department of Health 
and Human Services, shall design the pilot program to serve parents and custodians who 
have become the subject of a child protection investigation, who reside within 
Androscoggin, Franklin and Oxford counties and who are indigent and would qualify for 
the assignment of counsel completely at state expense under the eligibility standards 
established by the commission pursuant to section 1804, subsection 2, paragraph A, except 
that only the parent's or custodian's income and not the parent's or custodian's assets may 
be considered when determining assignment of counsel. The program may serve up to 30 
families at any given time. For the purposes of this section, "family" means a group of 
individuals subject to a single child protection investigation.
3.  Services provided.  The commission shall provide services under the pilot program 
to parents and custodians in their dealings with the Department of Health and Human 
Services. The commission shall also provide advocacy services regarding other civil legal 
issues related to the child protection matter.
4.  Service providers.  The commission shall partner with attorneys and other service 
providers in delivering services under the pilot program. Nonattorney service providers 
may include, but are not limited to, case managers, parents with lived experience of the 
child protection system and social workers.
5.  Warmline and referrals.  The commission shall implement a "warmline" that 
provides information and referrals statewide to parents and custodians who are subject to 
child protection investigations and that will also screen parents and custodians for 
eligibility to receive pilot program services. The commission shall prepare informational 
materials regarding the warmline and a parent's or custodian's ability to contact the 
warmline and self-refer to the pilot program. The commission shall collaborate with the 
Department of Health and Human Services to ensure that parents and custodians who fall 
within the target population are made aware of the pilot program.
6.  Data collection and assessment.  The commission, in partnership with the 
Department of Health and Human Services, shall conduct an independent evaluation of the 
pilot program, using existing resources when available. The commission shall engage in 
ongoing data collection related to the program and shall report its findings after one year 
of program implementation and at 6-month intervals thereafter to the joint standing 
committee of the Legislature having jurisdiction over the judiciary and the joint standing 
committee of the Legislature having jurisdiction over health and human services matters.
Sec. 2.  22 MRSA §4005-I is enacted to read:
§4005-I.  Prepetition pilot program information and referrals
The department shall coordinate with the Maine Commission on Indigent Legal 
Services to provide information to the public regarding the "warmline" described under 
Title 4, section 1807, subsection 5 and to ensure that parents and custodians who may be 
eligible to be served by the pilot program established in Title 4, section 1807 are provided 
with information regarding the pilot program.
SUMMARY
This bill directs the Maine Commission on Indigent Legal Services to design and 
implement a 2-year pilot program to provide legal counsel and related advocacy services 
to indigent parents and custodians residing in Androscoggin, Franklin and Oxford counties 
when the Department of Health and Human Services commences an investigation of a 
report of suspected abuse or neglect to determine if a child is at risk of harm. It directs the 
commission to establish a "warmline" to provide information and referrals statewide to 
parents and custodians who are subject to child protection investigations and to screen 
parents and custodians for eligibility to receive pilot program services. It directs the 
Department of Health and Human Services to coordinate with the Maine Commission on 
Indigent Legal Services to provide information to the public regarding the warmline and 
pilot program.