An Act to Ensure Access by Parties and Attorneys to Records in Child and Adult Protection Proceedings
Maine Legislature, Session 131, LD 0773
Committee: Health and Human Services
Sponsors: BAILEY, BALDACCI
Amends: 22 MRSA §3474, 22 MRSA §4008

Legislative Document
No. 773
S.P. 332
In Senate, February 21, 2023
An Act to Ensure Access by Parties and Attorneys to Records in 
Child and Adult Protection Proceedings
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BAILEY of York.
Cosponsored by Senator: BALDACCI of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §3474, sub-§3, ¶D, as amended by PL 2021, c. 686, §2, is further 
amended to read:
D.  An advocacy agency conducting an investigation under chapter 961, United States 
Public Law 88-164, Title I, Part C or United States Public Law 99-319, regarding a 
developmentally disabled person or mentally ill person who is or who, within the last 
days, was residing in a facility rendering care or treatment, when a complaint has 
been received by the agency or there is probable cause to believe that that individual 
has been subject to abuse or neglect, and that person does not have a legal guardian or 
the person is under public guardianship.  The determination of which information and 
records are relevant to the investigation is made by agreement between the department 
and the agency; and
Sec. 2.  22 MRSA §3474, sub-§3, ¶E, as enacted by PL 2021, c. 686, §3, is 
amended to read:
E.  The Maine Developmental Services Oversight and Advisory Board established in 
Title 5, section 12004‑J, subsection 15.  Access is limited to aggregate data regarding 
investigations under this chapter relating to persons receiving adult developmental 
services as defined in Title 34‑B, section 1001, subsection 1‑A.  Data must be provided 
at least quarterly.  The determination of aggregate data to be provided is made by 
agreement between the department and the Maine Developmental Services Oversight 
and Advisory Board.; and
Sec. 3.  22 MRSA §3474, sub-§3, ¶F is enacted to read:
F.  A party to an adult protection proceeding and the attorney representing the party in 
the proceeding, with protection for identity of reporters and other persons when 
appropriate.
Sec. 4.  22 MRSA §4008, sub-§2, ¶D-2, as enacted by PL 2005, c. 300, §4, is 
repealed.
Sec. 5.  22 MRSA §4008, sub-§3, ¶L, as amended by PL 2015, c. 381, §2, is further 
amended to read:
L.  To a licensing board of a mandated reporter, in the case of a mandated reporter 
under section 4011‑A, subsection 1 who appears from the record or relevant 
circumstances to have failed to make a required report.  Any information disclosed by 
the department personally identifying a licensee's client or patient remains confidential 
and may be used only in a proceeding as provided by Title 5, section 9057, subsection 
6; and
Sec. 6.  22 MRSA §4008, sub-§3, ¶M, as enacted by PL 2015, c. 381, §3, is 
amended to read:
M.  Law enforcement authorities for entry into the National Crime Information Center 
database of the Federal Bureau of Investigation and to a national information 
clearinghouse for missing and exploited children operated pursuant to 42 United States 
Code, Section 5773(b).  Information disclosed pursuant to this paragraph is limited to 
information on missing or abducted children or youth that is required to be disclosed 
pursuant to 42 United States Code, Section 671(a)(35)(B).; and
Sec. 7.  22 MRSA §4008, sub-§3, ¶N is enacted to read:
N.  A party to a child protection proceeding and the attorney representing the party in 
the proceeding, with protection for identity of reporters and other persons when 
appropriate.
SUMMARY
This bill requires the Department of Health and Human Services to disclose 
information  in the records in adult protection proceedings and child protection proceedings 
to parties in those proceedings and the parties' attorneys.