An Act Regarding Investigations of Out-of-home Child Abuse and Neglect
Maine Legislature, Session 131, LD 0495
Committee: Health and Human Services
Sponsors: MEYER
Amends: 22 MRSA §4002, 22 MRSA §4004, 22 MRSA §4021

Legislative Document
No. 495
H.P. 312
House of Representatives, February 7, 2023
An Act Regarding Investigations of Out-of-home Child Abuse and 
Neglect
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MEYER of Eliot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §4002, sub-§9, as enacted by PL 1979, c. 733, §18, is amended 
to read:
9.  Person responsible for the child.  "Person responsible for the child" means a 
person with responsibility for a child's health or welfare, whether in the child's home or 
another home or; a facility which licensed or subject to licensure that, as part of its function, 
provides for care of the child; or a person licensed or subject to licensure that, as part of its 
function, provides for care of the child. It "Person responsible for the child" includes the 
child's custodian.
Sec. 2.  22 MRSA §4004, sub-§2, ¶B, as corrected by RR 2021, c. 2, Pt. A, §64, is 
amended to read:
B.  Promptly investigate all abuse and neglect cases and suspicious child deaths coming 
to its attention or, in the case of out-of-home abuse and neglect investigations, the 
department shall act in accordance with chapter 1674 subchapter 18;
Sec. 3.  22 MRSA §4021, sub-§3, ¶C, as amended by PL 2015, c. 283, §1, is further 
amended by amending the last blocked paragraph to read:
Violation of this paragraph subjects any person involved in the violation, including 
individual school personnel, to the penalty provided in section 4009.  This section does 
not apply to out-of-home abuse and neglect allegations as covered under chapter 1674 
subchapter 18.
Sec. 4.  22 MRSA c. 1071, sub-c. 18 is enacted to read:
SUBCHAPTER 18
INVESTIGATION OF OUT-OF-HOME CHILD ABUSE AND NEGLECT
§4099-J.  Definitions
1.   Investigation team.  "Investigation team" means individuals employed by the 
department to investigate allegations of out-of-home abuse or neglect pursuant to this 
subchapter.
2.   Licensed.  "Licensed" means holding a license as defined in Title 5, section 8002, 
subsection 5 or, with respect to the Department of Education, any other form of approval 
or authorization required by law.
3.   Out-of-home abuse or neglect.  "Out-of-home abuse or neglect" means abuse or 
neglect or a suspicious child death:
A. That occurs in a facility or in the care of a person licensed or subject to inspection 
by the department, the Department of Education or the Department of Corrections;
B. That occurs in a facility operated by the department, the Department of Education 
or the Department of Corrections; or
C. That occurs in the care of an unlicensed provider that is funded by the department.
§4099-K.  Investigation team
1.  Investigation team established.  The investigation team is established within the 
department to investigate reports of suspected out-of-home abuse or neglect of children in 
accordance with this subchapter.
2.  Participation with other departments.  The investigation team, on its own or upon 
request, may assist and participate with another department or agency charged with the 
responsibility to investigate abuse or neglect, including the Department of Education or the 
Department of Corrections.
3.  Addition of relevant professionals.  The investigation team must include, as 
appropriate, relevant professionals to participate in the investigations of out-of-home abuse 
or neglect.
4.  Assistance by licensing staff.  Department staff that perform general licensing 
functions may assist the investigation team in conducting out-of-home abuse or neglect 
investigations.
5.  Consultation with law enforcement and others.  The investigation team may 
consult with law enforcement personnel, advocates and others in the investigation of out-
of-home abuse or neglect.
6.  Results.  The investigation team shall provide the results of its investigation to the 
department or other applicable licensing agency or department for appropriate action.
§4099-L.  Duties of the investigation team
The duties of the investigation team include, but are not limited to, the following.
1.  Receive reports of alleged abuse or neglect.  The investigation team shall receive 
reports of alleged out-of-home abuse or neglect under circumstances set out in this 
subchapter.  When the investigation team receives a report that alleges abuse or neglect in 
facilities or by persons not licensed or subject to inspection by the department, the 
investigation team shall immediately refer the report to the agency or department charged 
with the responsibility to investigate the report.  
2.  Investigate.  The investigation team shall investigate reported out-of-home abuse 
or neglect.
A.  The investigation team shall complete an investigation within 90 days from the date 
on which the investigation was initiated, except in circumstances when the information 
necessary to complete the investigation is unavailable to the investigation team.
B.  To minimize redundant department investigations in response to the same or related 
allegations of out-of-home abuse or neglect, the investigation team shall conduct a 
single investigation sufficient to determine whether abuse or neglect occurred and 
whether a licensing violation has occurred. The investigation team shall coordinate and 
consult with the department entity that performs general licensing functions.
C.  The investigation team shall refer allegations of criminal activity to the office of 
the district attorney or the Office of the Attorney General when appropriate and shall 
coordinate its investigation with the office to which allegations are referred to minimize 
trauma to the child or children involved.
D.  The investigation team’s investigation of a suspicious child death is subject to and 
may not interfere with the authority and responsibility of the Office of the Attorney 
General to investigate and prosecute homicides pursuant to Title 5, section 200‑A.
E.  The investigation team shall conduct interviews as needed to investigate allegations 
and determine if abuse or neglect has occurred.
(1)  The investigation team shall conduct interviews of a child involved in the 
alleged abuse or neglect in a manner that is in the child's best interest.  
(2)  The investigation team shall notify the parent, guardian or custodian of a child 
prior to initiating an interview of the child except under circumstances in which 
prior notification is not in the child’s best interest.
(3)  The investigation team shall conduct an interview of a child without prior 
notification in accordance with section 4021, subsection 3 and rules adopted 
pursuant to this subchapter.
F.  The investigation team, to the extent possible, shall record interviews in accordance 
with applicable rules adopted by the department and pursuant to section 4021.
(1)  Information collected in an interview that was not recorded may not be 
excluded from use in court proceedings solely because the interview was not 
recorded.
(2)  A person being questioned or interviewed under this subchapter may not be 
prohibited from recording the questioning or interview.
G.  Notwithstanding Title 20‑A, section 6101, subsection 2, when the investigation 
team is conducting an investigation of a person at the Maine Educational Center for the 
Deaf and Hard of Hearing and the Governor Baxter School for the Deaf who is subject 
to licensure by the Department of Education, the Maine Educational Center for the 
Deaf and Hard of Hearing and the Governor Baxter School for the Deaf and the 
Department of Education shall disclose the following information to the investigation 
team:
(1)  Background checks related to the person;
(2)  The person's credentials;
(3)  Any conduct on the part of the person related to the allegation; and
(4)  Any action taken by the Maine Educational Center for the Deaf and Hard of 
Hearing and the Governor Baxter School for the Deaf or the Department of 
Education in response to conduct of any person at the Maine Educational Center 
for the Deaf and Hard of Hearing and the Governor Baxter School for the Deaf that 
is similar to the allegation.
3.  Investigative powers of commissioner.  The following are investigative powers of 
the commissioner.
A.  The commissioner or the commissioner's designee may issue a subpoena requiring 
a person to disclose or provide to the department information or records in that person's 
possession that are necessary and relevant to an investigation of a report of suspected 
out-of-home abuse or neglect.
(1)  The department may apply to the District Court to enforce a subpoena.
(2)  A person who complies with a subpoena is immune from civil or criminal 
liability that might otherwise result from the act of turning over or providing 
information or records to the department.
(3)  Information or records obtained by subpoena must be treated in accordance 
with section 7703.
B.  The commissioner may obtain confidential criminal history record information and 
other criminal history record information under Title 16, chapter 7 that the 
commissioner considers relevant to an investigation of out-of-home abuse or neglect.
4.  Determination of harm.  The investigation team shall determine whether or not a 
child has been harmed, in which case the investigation team shall determine the degree of 
harm or threatened harm by a person responsible for the child.  In the case of a suspicious 
child death, the investigation team shall determine:
A.  Whether abuse or neglect was a cause or factor contributing to the child's death; 
and
B.  The degree of threatened harm to any other child for whom the person or persons 
responsible for the deceased child may be responsible now or in the future.
5.  Issue a decision.  The investigation team shall issue a written decision that an 
allegation of abuse or neglect is unsubstantiated, indicated or substantiated.  Each 
allegation of abuse or neglect must be considered separately.  The written decision must 
include at least the following:
A.  The factors supporting an indicated or substantiated decision;
B.  The identity of the person or persons responsible in the case of an indicated or 
substantiated decision; and
C.  The person’s right to appeal the department’s indicated or substantiated decision 
pursuant to paragraph B.
§4099-M.  Right to a hearing; appeal
A person who is the subject of the decision in section 4099-L, subsection 5 has the 
right to a hearing to appeal an indicated or substantiated finding of out-of-home abuse or 
neglect in accordance with the provisions of the Maine Administrative Procedure Act.
§4099-N.  Entities subject to investigation
Reported abuse or neglect that occurs in the following out-of-home entities is subject 
to investigation by the investigation team.
1.  Facility or person licensed by department; facility operated or funded by 
department.  Out-of-home abuse or neglect is subject to investigation by the investigation 
team, including, but not limited to, abuse or neglect that occurs in the following:
A.  A child care facility licensed pursuant to section 8301‑A, subsection 2;
B.  A family child care provider licensed pursuant to section 8301‑A, subsection 3;
C.  A nursery school licensed pursuant to section 8402;
D.  A children's residential care facility licensed pursuant to chapter 1669;
E.  An emergency children's shelter licensed pursuant to chapter 1669;
F.  A shelter for homeless children licensed pursuant to chapter 1669;
G.  A transitional living program licensed pursuant to section 4099-E, subsection 3;
H.  A licensed family foster home as defined in section 8101, subsection 3, including, 
but not limited to, the home of a resource family that provides foster care, kinship care 
or adoption or permanency guardianship services;
I.  An unlicensed relative’s home approved by the department as meeting licensing 
standards; and
J.  An unlicensed provider for children with cognitive impairments and functional 
limitations that is funded by the department pursuant to rules adopted by the 
department.
2.  Unlicensed person or facilities.  The investigation team may investigate a person 
or facility described in subsection 1 if the person or facility is not licensed.
3.  School personnel.  The investigation team may investigate an individual licensed 
by the Department of Education and employed by a school organized under Title 20-A, 
Part 2.
§4099-O.  Records; confidentiality; disclosure
Notwithstanding section 4008, records that are made, acquired or retained by the 
department in connection with its responsibilities under this subchapter are subject to the 
provisions set out in section 7703 and the following provisions.
1.  Disclosure; reports of abuse or neglect.  The department may disclose, upon the 
conclusion of an investigation under this subchapter, a statement indicating whether or not 
a report of out-of-home abuse or neglect has been received, the nature of the alleged abuse 
or neglect and the conclusion reached by the investigation team.
2.  Notification of parent, guardian or custodian of child reported to be abused.  
When a report is received of out-of-home abuse or neglect in a facility or program described 
in section 4099-N, the investigation team may notify the child's parent, guardian or 
custodian that it has been reported that the child has been allegedly abused or neglected, 
whether an investigation is being conducted and, upon conclusion of the investigation, 
whether the investigation team determined that the allegations are supported or not 
supported.
3.  Notification of parents, guardians or custodians of other children in facility.  
When a report is received of out-of-home abuse or neglect in a facility or program described 
in section 4099-N, the investigation team, upon conclusion of the investigation, may notify 
a parent, guardian or custodian who has a child in the program or facility for whom there 
is no report of abuse or neglect whether the investigation team determined that a violation 
of law or rules adopted by the department has occurred.
4.  Disclosure to facility or program.  The investigation team shall notify a facility or 
program described in section 4099-N when there is an indicated or substantiated finding of 
out-of-home abuse or neglect against an employee of the facility or program.
5.  Disclosure of investigation.  The department may publish information regarding 
an investigation conducted pursuant to this subchapter on the department's publicly 
accessible website upon the conclusion of an investigation in accordance with rules adopted 
by the department.
§4099-P.  Rules
The department may adopt rules to carry out the purposes of this subchapter. Rules 
adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 
375, subchapter 2‑A.  Rules may include but are not limited to establishing the factors that 
support unsubstantiated, indicated and substantiated findings.
Sec. 5.  22 MRSA c. 1674, as amended, is repealed.
SUMMARY
This bill:
1. Reallocates the provisions of law regarding investigations of out-of-home child 
abuse or neglect from the laws administered by the division of licensing and regulatory 
services within the Department of Health and Human Services to the Child and Family 
Services and Child Protection Act;
2. Clarifies the authority of the investigation team to investigate an individual licensed 
by the Department of Education;
3. Authorizes the investigation team to investigate abuse or neglect that occurs in a 
transitional living program;
4. Repeals the provisions of law prescribing required training for the investigation 
team;
5. Removes certain requirements for identification and disclosure of information 
related to a residential home facility;
6. Removes the requirement for the investigation team to initiate, within 3 business 
days, an investigation of a report that alleges jeopardy to a child in a residential care facility; 
and
7. Makes other clarifying and technical changes.