An Act to Clarify
Maine Legislature, Session 132, LD 0099
Committee Amendment CA_A_H700 (House)
Amends: 20-A MRSA §6101, 22 MRSA §4099-N, 22 MRSA §7703

COMMITTEE AMENDJ\tIBNT "Pr" to H.P. 64, L.D. 99, "An Act to Clarify 
Information Sharing Between the Department of Health and Human Services and Schools 
with Respect to Investigations of Child Abuse or Neglect" 
Amend the bill by inserting before section 1 the following: 
'Sec. 1. 20-A MRSA §6101, sub-§3, as amended by PL 1987, c. 620, §2, is 
amended by enacting at the end a new last blocked paragraph to read: 
Records of complaints, charges of misconduct, investigations and disciplinary actions may 
be provided by the commissioner or the commissioner's designee to the Department of 
Health and Human Services when an investigation of child abuse or neglect in accordance 
with Title 22, section 4099-N, subsection 3 is in process. 
Sec. 2. 22 MRSA §4099-N, sub-§3, as enacted by PL 2023, c. 248, §4, is amended 
to read: 
3. School personnel. The investigation team may investigate an individual who is 
licensed or certified, who has applied for licensure or certification or who is subject to 
licensure or ce1tification by the Department of Education and employed by a school 
organized under Title 20-A, Part 2.' 
Amend the bill in section 1 in subsection 6 in the 4th and 5th lines (page 1, lines 6 and 
in L.D.) by striking out the following: "or student registered in" 
Amend the bill by insetting after section 1 the following: 
'Sec. 2. 22 MRSA §7703, sub-§3, ~' as enacted by PL 1983, c. 691, §2, is 
amended to read: 
D. A person having the legal responsibility or authorization to educate, care for, 
evaluate, treat or supervise a client or recipient of services of the facility. This shall 
inelude A person under this paragraph includes a member of a treatment team or group 
convened to plan for or treat a person named in a record, provided that as long as the 
identity of any reference, complainant, repo1ter of suspected abuse or neglect or other 
person is protected, when appropriate. A person under this paragraph includes the 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT "A' to H.P. 64, L.D. 99 
superintendent of a school administrative unit, the chief administrator of a public 
school not in a school administrative unit or the chief administrator of a private school; 
Sec. 3. 22 MRSA §7703, sub-§5, as enacted by PL 1983, c. 691, §2, is amended to 
read: 
5. Dissemination of confidential information. Information released pursuant to 
subsections 3 and 4 shall must be used solely for the purpose for which it was provided and 
shall may not be further disseminated, except as provided in subsection 5-A. 
Sec. 4. 22 MRSA §7703, sub-§5-A is enacted to read: 
5-A. Dissemination by Department of Education. Reports of suspected child abuse 
or neglect released in accordance with subsection 4, paragraph G may be disseminated by 
the Department of Education to the superintendent of a school administrative unit, the chief 
administrator of a public school not in a school administrative unit or the chief 
administrator of a private school when neither the department nor the Department of 
Education is investigating the reports of suspected child abuse or neglect released in 
accordance with subsection 4, paragraph G or the school administrative unit, public school 
or private school is determined by the department to be unaware of the information, as long 
as the identity of or any reference to the complainant or reporter of suspected child abuse 
or neglect is protected.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment clarifies that the Department of Health and Human Services 
investigation team may investigate an individual who is certified by the Department of 
Education, who has applied for licensure or certification or who is subject to licensure or 
certification. The amendment removes from the bill language that allows an investigation 
team to notify the superintendent of a school administrative unit, chief administrator of a 
public school not in a school administrative unit or chief administrator of a private school 
when there is a finding of out-of-home abuse or neglect against a student. It also clarifies 
that the Department of Education can disseminate reports of suspected child abuse or 
neglect occun-ing within a school to superintendents of school administrative units, chief 
administrators of public schools not in a school administrative unit or chief administrators 
of private schools when neither the Department of Health and Human Services nor the 
Department of Education is investigating or it is determined that the school is unaware of 
the infonnation. 
COMMITTEE AMENDMENT