An Act to Clarify the Laws Governing Facilities for Children and
Maine Legislature, Session 132, LD 2001
Sponsors: INGWERSEN
Amends: 22 MRSA §7703, 22 MRSA §7802, 22 MRSA §8103, 22 MRSA §8104, 22 MRSA §8402

Legislative Document
No. 2001
S.P. 815
In Senate, December 5, 2025
An Act to Clarify the Laws Governing Facilities for Children and 
Adults Under the Health and Human Services Laws
Submitted by the Department of Health and Human Services pursuant to Joint Rule 203.
Received by the Secretary of the Senate on December 3, 2025.  Referred to the Committee 
on Health and Human Services pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator INGWERSEN of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §7703, sub-§2, ¶B, as enacted by PL 1983, c. 691, §2, is 
amended to read:
B.  Notwithstanding sections 3474 and 4008, any information gathered and all records 
created or obtained in the course of an investigation of neglect or abuse, including all 
post-investigation activities and proceedings, except a statement indicating whether or 
not a report of abuse or neglect has been received, the nature of the alleged abuse or 
neglect and the conclusion reached by the department, if any;
Sec. 2.  22 MRSA §7802, sub-§1-A, as amended by PL 2023, c. 405, Pt. A, §78, is 
further amended to read:
1-A.  Consolidation of functions.  All staff performing general licensing functions 
within the Office of Child and Family Services, including the out-of-home abuse and 
neglect investigating team when investigating pursuant to section 8354, subsection 2, 
paragraph C 4099-L, are consolidated as a single organizational unit.
Sec. 3.  22 MRSA §8103, sub-§2-A, as enacted by PL 2019, c. 444, §3, is amended 
to read:
2-A.  Family foster homes and specialized children's homes.  Family foster homes 
and specialized children's homes are exempt from the inspection requirement in subsection 
1‑A.  The department shall inspect a family foster home or specialized children's home 
prior to placing a foster child in the home.  The department shall adopt routine technical 
rules as defined in Title 5, chapter 375, subchapter 2‑A governing the fire and safety 
inspection of family foster homes and specialized children's homes.
Sec. 4.  22 MRSA §8104, as amended by PL 2005, c. 12, Pt. RR, §1 and c. 397, Pt. 
A, §28, is further amended by amending the section headnote to read:
§8104.  Interagency licensing Licensing authority and rules
Sec. 5.  22 MRSA §8104, sub-§1, as amended by PL 2005, c. 397, Pt. A, §28, is 
repealed.
Sec. 6.  22 MRSA §8402, sub-§3, ¶A, as amended by PL 2019, c. 154, §10 and 
affected by §12 and amended by PL 2025, c. 316, §3, is further amended to read:
A.  The department shall adopt rules regarding the health of staff as required to protect 
the health and safety of the children.  The rules must include a requirement that every 
years each licensee, administrator or other staff member of the nursery school who 
provides care for children be declared free from communicable disease by a licensed 
physician, nurse practitioner or physician associate.  Rules adopted pursuant to this 
paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
SUMMARY
This bill updates the laws governing the licensing and investigation of facilities for 
children and adults by clarifying the requirements regarding confidential abuse and neglect 
investigation records, requiring the Department of Health and Human Services, instead of 
the State Fire Marshal or other public safety inspectors, to inspect specialized children's 
homes and removing requirements for interagency licensing of children's homes between 
the Department of Health and Human Services and the Department of Education and for 
licensing of nursery schools. The bill also corrects a cross-reference.