An Act to Clarify Maine Law Regarding Background Checks for the Office of Child and Family Services
Maine Legislature, Session 131, LD 0218
Committee: Health and Human Services
Sponsors: MADIGAN
Amends: 22 MRSA §4008, 22 MRSA §8101, 22 MRSA §8110

Legislative Document
No. 218
H.P. 139
House of Representatives, January 20, 2023
An Act to Clarify Maine Law Regarding Background Checks for the 
Office of Child and Family Services
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 MADIGAN of Waterville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §4008, sub-§2, ¶L, as repealed and replaced by PL 2015, c. 494, 
Pt. A, §22, is amended to read:
L.  A person, organization, employer or agency for the purpose of carrying out 
background or employment-related screening of an individual who is or may be 
engaged in:
(1)  Child-related activities or employment; or
(2)  Activities or employment relating to adults with intellectual disabilities, 
autism, related conditions as set out in 42 Code of Federal Regulations, Section 
435.1010 or acquired brain injury; and
Sec. 2.  22 MRSA §8101, sub-§6 is enacted to read:
6.  Transitional living program.  "Transitional living program" means a children's 
home that provides board and care for up to 10 children and may provide one or more 
services described in section 4099-E.  For the purposes of this subsection, "children" means 
persons under 21 years of age.
Sec. 3.  22 MRSA §8110, as amended by PL 2021, c. 42, §§1 to 3, is further amended 
to read:
§8110.  Criminal history record checks for employees of children's residential care 
facilities, emergency children's shelters, shelters for homeless children and 
any group home that provides care for children transitional living programs
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Federal Bureau of Investigation" means the United States Department of Justice, 
Federal Bureau of Investigation.
B.  "State Police" means the Department of Public Safety, Bureau of State Police.
2.  Criminal history; information about criminal records and data obtained.  The 
department shall obtain, in print or electronic format, criminal history record information 
containing a record of public criminal history record information as defined in Title 16, 
section 703, subsection 8, from the Maine Criminal Justice Information System, established 
pursuant to Title 16, section 631, and the Federal Bureau of Investigation, for any staff 
member of a children's residential care facility, an emergency children's shelter, a shelter 
for homeless children or any group home that provides care for children a transitional living 
program in order to comply with the federal Family First Prevention Services Act.  For 
purposes of this section, "staff member" means an individual who is employed by, or has 
applied for and may be offered employment at, a children's residential care facility, an 
emergency children's shelter, or a shelter for homeless children or any group home that 
provides care for children with a transitional living program, including a contract employee 
or self‑employed individual, whether or not the individual has direct contact with children.  
"Staff member" does not include a contractor performing maintenance or repairs at the 
children's residential care facility, emergency children's shelter, or shelter for homeless 
children or group home that provides care for children for a transitional living program 
who does not have unsupervised access to children at the facility, or shelter or group home 
in the transitional living program.
3.  Fingerprint-based criminal history obtained.  A staff member shall consent to 
and have the staff member's fingerprints taken.  The State Police shall take or cause to be 
taken the fingerprints of a staff member who has consented under this subsection and shall 
forward the fingerprints to the Department of Public Safety so that the Department of Public 
Safety may conduct a state and national criminal history record check on the person.  The 
Department of Public Safety shall forward the results obtained to the department.  The State 
Police shall assess a fee set annually by the Department of Public Safety to be paid by the 
children's residential care facility, emergency children's shelter, shelter for homeless 
children or group home that provides care for children transitional living program or the 
staff member for each criminal history record check required to be performed under this 
section.  Except for the portion of the payment that constitutes the processing fee charged 
by the Federal Bureau of Investigation, all money received by the State Police under this 
subsection must be paid to the Treasurer of State, who shall apply the money to the 
expenses of administration of this section by the Department of Public Safety.
4.  Updates to information.  The department may request a subsequent criminal 
history record check under subsection 3 on a staff member as the department determines 
appropriate, including continuous notifications of updated criminal history record 
information if a service providing notifications of updated criminal history record 
information becomes available.
5.  Confidentiality.  Information obtained pursuant to this section is confidential and 
may not be disseminated for purposes other than as provided in subsections 6 and 7.
6.  Use of information obtained.  Criminal history record information obtained 
pursuant to this section may be used by the department for employment purposes to screen 
a staff member.  The subject of any criminal history record check under subsection 3 may 
contest any negative decision made by the department based upon the information received 
pursuant to the criminal history record check.
7.  Person's access to information obtained.  A person subject to a criminal history 
record check pursuant to subsection 3 must be notified each time a criminal history record 
check is performed on the person.  A person subject to a criminal history record check 
under subsection 3 may inspect and review the criminal history record information pursuant 
to Title 16, section 709 and obtain federal information obtained pursuant to the criminal 
history record check by following the procedures outlined in 28 Code of Federal 
Regulations, Sections 16.32 and 16.33.
8.  Right of subject to remove fingerprints from record.  Upon request from a person 
subject to a criminal history record check pursuant to subsection 3, the Department of 
Public Safety shall remove the person's fingerprints from the Department of Public Safety's 
records and provide written confirmation of the removal to the person.
SUMMARY
This bill: 
1. Clarifies that a person may request a background screening of an individual who is 
or may be engaged in activities or employment relating to children or adults with 
intellectual disabilities, autism or related conditions regardless of whether the individual 
subject to the background screening is an employee; and
2. Replaces the term "group home" with "transitional living program" in order to clarify 
that staff members of these providers are subject to the fingerprint-based background check 
requirements.