An Act to Establish an Independent Office of the Child Advocate
Maine Legislature, Session 132, LD 1893
Sponsors: GRAMLICH, BENNETT
Amends: 18-C MRSA §5, 22 MRSA §4004, 22 MRSA §4087-A

Legislative Document
No. 1893
H.P. 1264
House of Representatives, May 5, 2025
An Act to Establish an Independent Office of the Child Advocate
Received by the Clerk of the House on May 1, 2025.  Referred to the Committee on Health 
and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
401.
ROBERT B. HUNT
Clerk
Presented by Representative GRAMLICH of Old Orchard Beach.
Cosponsored by Senator BENNETT of Oxford and
Representatives: ARATA of New Gloucester, BRENNAN of Portland, LEE of Auburn, 
MATHIESON of Kittery, MILLIKEN of Blue Hill, SAYRE of Kennebunk, STOVER of 
Boothbay, Senator: RENY of Lincoln.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA Pt. 30-A is enacted to read:
PART 30-A
CHILD ADVOCATE
CHAPTER 625
OFFICE OF THE CHILD ADVOCATE
§24201.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Advisory committee.  "Advisory committee" means the Advisory Committee to 
the Child Advocate established pursuant to section 24208, subsection 1.
2.  Agency.  "Agency" means any department, advisory committee, board, institution, 
bureau or office of the State, as well as any other public and private children or youth 
service agencies providing services under contract or agreement with an executive agency.
3.  Child Advocate.  "Child Advocate" means the supervisor and administrator of the 
Office of the Child Advocate appointed pursuant to section 24203.
4.  Child or youth.  "Child" or "youth" means a person under 21 years of age who is 
in the custody of or receiving services from or arranged through an executive agency; who 
was in the custody of or received services from or arranged through an executive agency 
within the past 3 years; whose siblings or parents or other caretakers have been the subject 
of a report to the Department of Health and Human Services, Office of Child and Family 
Services within the past 3 years; or who is receiving services from an executive agency.
5.  Critical incident.  "Critical incident" means any incident that may seriously affect 
the health and well-being of a child in the custody of or receiving services from or arranged 
through an executive agency, including, but not limited to:
A.  The near fatality or serious bodily or emotional injury of a child;
B.  A missing child or an abduction of a child;
C.  Human trafficking of a child, including, but not limited to, labor trafficking, sex 
trafficking and the production of child sexual abuse images;
D.  The death of a parent or guardian of a child;
E.  Abuse or neglect by a provider of medical, social work or similar services or a client 
of the provider;
F.  A dangerous situation involving a child;
G.  A medication error by a provider of medical, social work or similar services 
involving a child;
H.  A rights violation by a provider of medical, social work or similar services 
involving a child;
I.  An accident involving executive agency staff and a child, parent or provider of 
medical, social work or similar services;
J.  Attempted suicide by a child;
K.  Rape or other sexual assault of a child;
L.  Serious physical injury or risk thereof to a child;
M.  Serious psychological injury or risk thereof to a child;
N.  An inquiry made by the Governor's office with regard to a child;
O.  Circumstances that result in a reasonable belief that the Department of Health and 
Human Services, Office of Child and Family Services or the Department of Corrections 
division providing juvenile services failed in its duty to protect a child and, as a result, 
the child was at imminent risk of or suffered serious bodily or emotional injury or 
death;
P.  A media report of a child; and
Q.  Any restraint or seclusion of a child.
"Critical incident" also includes the fatality of a child, which may involve, but is not limited 
to, circumstances of accident, child abuse, child neglect, homicide or other violence, natural 
causes, overdose, suicide or terminal illness.
6.  Executive agency.  "Executive agency" means an agency within the executive 
branch that provides services to children.
7.  Office.  "Office" means the Office of the Child Advocate.
8.  Oversight.  "Oversight" means activities involving reviewing, monitoring and 
recommending changes to an executive agency's implementation of laws and rules and all 
contracted programs, providers, services and activities of that executive agency as well as 
that executive agency's policies, procedures, practices and implementation and amendment 
of those policies, procedures and practices related to the care of or services to children.
9.  Record.  "Record" means any recorded information created, received, possessed or 
controlled by or on behalf of an executive agency.
§24202.  Office of the Child Advocate
The Office of the Child Advocate is established as an independent agency to provide 
oversight of executive agencies. The office is attached to the Department of Administrative 
and Financial Services for administrative purposes only.
1.  Independent oversight.  The office shall, notwithstanding any other provision of 
law to the contrary, operate with full independence from any state official or executive 
agency, except that the advisory committee established under section 24207 may perform 
its duties with regard to the office.  The office shall provide independent oversight of 
executive agencies to:
A.  Ensure that children involved with an executive agency, and in particular children 
served by the child welfare or juvenile justice systems, receive timely, safe and 
effective services and that the children's best interests are being protected;
B.  Work in collaboration with executive agencies and with other necessary parties on 
children's services cases under review;
C.  Ensure that children placed in the care of the State or receiving services under the 
supervision of an executive agency in any public or private facility receive humane and 
dignified treatment at all times, with full respect for the children's personal dignity, 
right to privacy and right to adequate and appropriate health care and education in 
accordance with state and federal law;
D.  Examine, on a system-wide basis, the care and services that executive agencies 
provide children and provide recommendations to improve the quality of those services 
in order to provide each child with the opportunity to live a full and productive life;
E.  Advise the Governor, the Legislature, the advisory committee and the public about 
how the State may improve its services to and for children and their families; and
F.  Periodically review and investigate any aspect of an executive agency's policies, 
procedures, practices and programs and work collaboratively with the executive 
agency to improve its policies, procedures, practices and programs.
2.  Services.  The office shall provide services to persons and families involved with 
child welfare services and may provide input on the State's child welfare system to the 
Department of Health and Human Services and the joint standing committee of the 
Legislature having jurisdiction over health and human services matters.  The office shall 
provide case-specific advocacy services.  In performing services under this section, the 
office, as the child advocate determines to be appropriate, may create and maintain records 
and case-specific reports.  Any work on systems improvements or lobbying must be 
adjunctive to case-specific activities.  The office may:
A.  Provide information to the public about the services of the program through a 
comprehensive outreach program.  The office shall provide information through a toll-
free telephone number and a publicly accessible website; 
B.  Answer inquiries, investigate and work toward resolution of complaints regarding 
the performance and services of the Department of Health and Human Services and 
participate in conferences, meetings and studies that may improve the performance of 
the department;
C.  Provide services to persons to assist them in protecting their rights;
D.  Inform persons of the means of obtaining services from the Department of Health 
and Human Services;
E.  Provide information and referral services;
F.  Analyze and provide opinions and recommendations to agencies, the Governor and 
the Legislature on current or proposed state programs, rules, policies and laws;
G.  Determine what types of complaints and inquiries will be accepted for action by 
the office and adopt policies and procedures regarding communication with persons 
making inquiries or complaints and the Department of Health and Human Services; 
and
H.  Collect and analyze records and data relevant to the duties and activities of the 
office and make reports as required by law or determined to be appropriate.
The Department of Health and Human Services or designee of the department shall notify 
the child advocate of any statewide policy changes affecting the State's child welfare 
system before the changes take effect.
3.  Information for parents in child protective cases.  The office, in consultation 
with appropriate interested parties, shall provide information about child protection laws 
and procedures to parents whose children are the subject of child protective investigations 
and cases under Title 22, chapter 1071.  The providing of the information under this 
subsection does not constitute representation of parents.  Parents may seek and receive 
information regardless of whether they are represented by legal counsel.  The information 
must be provided free of charge to parents.
The office shall report annually to the joint standing committee of the Legislature having 
jurisdiction over judiciary matters, starting February 1, 2026, on the provision of 
information required by this subsection.
This subsection does not create new rights or obligations concerning the provision of legal 
advice or representation of parents.  Failure to provide information under this subsection 
does not create a cause of action or have any effect on a child protective proceeding.
4.  Complaints.  The office shall, on its own initiative or on receipt of a complaint, 
review and if the office considers it necessary:
A.  Investigate the actions of an executive agency and make appropriate referrals;
B.  Investigate those complaints in which the Child Advocate determines that a child 
or a family may need assistance from the office or a systemic issue in the State's 
provision of services is raised by the complaint; and
C.  Provide assistance to a child or a family that the Child Advocate determines is in 
need of assistance, including seeking resolution of complaints, which may include, but 
is not limited to, referring a complaint to an appropriate agency or entity, making a 
recommendation to that agency or entity for action related to the complaint and sharing 
information in any proceeding before any court or agency in the State in which matters 
related to an executive agency's child protection and juvenile justice services are at 
issue.
5.  Critical incidents.  An executive agency shall notify the child advocate as soon as 
practicable when a critical incident has occurred.  The child advocate may investigate the 
critical incident or may review an executive agency's investigation of a critical incident.  
Before investigating any critical incident, the Child Advocate shall determine whether an 
executive agency or law enforcement agency is already investigating the critical incident; 
after making such a determination, the Child Advocate may investigate that critical incident 
or defer to the other investigation.  The Child Advocate shall coordinate efforts to minimize 
the impact of an investigation on the child, family or employees of the agency involved 
unless the Child Advocate determines that such coordination will impede the investigation.  
In every instance, the Child Advocate shall notify the head of the relevant agency of the 
office's involvement before beginning an investigation.
6.  Fatality or serious injury of a child.  An executive agency shall notify the Child 
Advocate immediately by telephone of:
A. Any child fatality or serious injury of a child under the executive agency's care or 
supervision; and
B.  Any assessment of the safety of any child or the child's siblings pursuant to the 
event under paragraph A.
The executive agency shall further provide the office with a written report of such a fatality 
or serious injury as soon as is practicable.
7.  Consultation.  The office shall regularly consult with executive agencies and the 
advisory committee.
8.  Information and referral services.  The office shall provide information and 
referral services to the public regarding all child services provided by the State, particularly 
child protection and juvenile justice services.
9.  Outreach and advocacy.  The office shall perform educational outreach and 
advocacy initiatives in furtherance of the mission and responsibilities of the office.
10.  Court and other proceedings.  The office shall appear or intervene, as necessary, 
in any proceeding before any court, agency, board or advisory committee in the State in 
which matters related to child protection and juvenile justice services are an issue.
11.  Review facilities.  The office shall periodically review the facilities and procedures 
of all institutions and residences, public or private, where a child has been placed by an 
executive agency.
12.  Grants, gifts and bequests.  The office may apply for and accept grants, gifts and 
bequests of funds from other States, federal and interstate agencies, independent 
authorities, private firms, nonprofit organizations, foundations and individuals for the 
purpose of carrying out the responsibilities of the office as long as those grants, gifts and 
bequests are consistent with the mission of the office.
§24203.  Child Advocate; term; appointment; removal
1.  Appointment.  The Governor shall appoint the Child Advocate to supervise the 
office, serve as the office's administrator and perform all other duties as assigned by this 
chapter.  The appointment must be made on the recommendation of the advisory committee 
and approved by a 2/3 vote of the Senate.  The position of Child Advocate is a full-time, 
unclassified position.
2.  Term.  The Child Advocate serves a term of 5 years and until a successor is 
appointed and approved.  Any vacancy in the position of Child Advocate must be filled in 
the same manner as the original appointment was made for the remainder of the unexpired 
term.
3.  Qualifications.  A person appointed to the position of Child Advocate must be 
selected without regard to political affiliation and on the basis of integrity and demonstrated 
ability and must possess a professional graduate degree in law, nursing, public health, social 
work or a related field and be qualified by education, experience and expertise to perform 
the duties of the office.
4.  Removal.  The Child Advocate may be removed from office for cause by the 
Governor with approval by a 2/3 vote of the Senate.  Cause under this subsection may 
include substantial neglect of duty, gross misconduct or conviction of a crime.  The cause 
for removal of the Child Advocate must be stated in writing, must be sent to the Secretary 
of the Senate and the Clerk of the House of Representatives and is a public document.
5.  Associate Child Advocate appointment; other personnel.  The Child Advocate 
shall appoint the Associate Child Advocate and may, subject to available appropriations, 
appoint such other personnel as the Child Advocate considers necessary for the efficient 
management of the office.  The duties of the personnel must be performed under the 
supervision of the Child Advocate.  If a vacancy occurs in the position of Child Advocate 
and until such time as a candidate has been appointed by the Governor and approved by 
the Senate, the Associate Child Advocate shall serve as the acting Child Advocate and is 
entitled to the compensation and privileges of and exercises the powers of the Child 
Advocate.
§24204.  Access to records and personnel; subpoena
1.  Access to records.  Notwithstanding any law to the contrary, the Child Advocate 
has access to agency personnel and may access, inspect and copy any records necessary to 
carry out the responsibilities of the Child Advocate as provided in section 24203, including, 
but not limited to:
A.  All case records; all 3rd-party records, including the physical, mental, behavioral 
and substance use treatment health care and education records of any child receiving 
services from an executive agency; medical examiner's autopsy reports; law 
enforcement records; and all records submitted to a court; and
B.  Agency policies, procedures and reports, including draft policies and procedures.
The Child Advocate has unrestricted access to all electronic information systems records, 
reports and materials necessary to carry out the responsibilities of the Child Advocate.  An 
executive agency shall notify the office of any new electronic information system that the 
executive agency establishes.
2.  Subpoenas.  If the Child Advocate is denied access to any record described under 
subsection 1 that is necessary to carry out the responsibilities of the Child Advocate, the 
Child Advocate may issue a subpoena for the production of that record.
The Child Advocate may issue a subpoena to compel the attendance and testimony of 
witnesses or the production of books, papers and other documents and to administer oaths 
to witnesses in any matter under investigation.  If any person for whom a subpoena is issued 
under this subsection fails to appear or, having appeared, refuses to give testimony or fails 
to produce the evidence required, the Child Advocate may apply to the Superior Court to 
order that person to appear and give testimony or to produce the evidence.
3.  Confidential communications.  The office, in performance of its duties under this 
chapter, may communicate privately with any child or person who has received, is 
receiving or should have received services from or through the State.  Communications 
under this subsection are confidential and not subject to disclosure except as provided in 
section 24205.
§24205.  Confidentiality of records
1.  Maintenance of confidentiality.  The office shall maintain the confidentiality of 
all case records, 3rd-party records and court records pursuant to Title 22, section 4008, 
subsection 1 and all other related confidentiality laws.
2.  Disclosure of information restricted.  Office investigations and oversight 
activities and the information gathered in office investigations and oversight activities, 
including the identity of any complainant, are exempt from the public disclosure provisions 
of Title 1, chapter 13, subchapter 1.  The Child Advocate may disclose information in 
accordance with the provisions of Title 22, section 4008, subsections 2 and 3 about a child 
to any individual or entity responsible for, or providing services to, the child.  Any 
disclosures of confidential information must be the minimum necessary to ensure proper 
care and treatment for the child or to identify, prevent or treat the abuse or neglect of a 
child.
3.  Disclosure of investigation findings.  Notwithstanding any provision of law to the 
contrary, if the Child Advocate determines that the health, safety or welfare of children is 
at risk, the Child Advocate may publicly disclose the details of investigation findings, 
subject to the following limitations:
A.  Names, addresses or other identifying information of individuals who are the 
subject of any confidential proceeding or statutory confidential provision may not be 
released to the public; and
B.  Investigation findings may not be released if it is determined a pending law 
enforcement investigation or prosecution would be affected.
§24206.  Reporting
1.  Annual report of office activities.  The Child Advocate shall report annually to the 
Governor, President of the Senate, Speaker of the House of Representatives, legislative 
committees with jurisdiction and advisory committees on the activities of the office, 
including an analysis of the delivery of services to children, activities undertaken to 
implement section 24202, subsection 1, paragraph D, recommendations for changes in 
agency policy and procedures that enable the State to better provide services to and for 
children and their families and priorities for implementation of those changes to services.  
The report must be made public by January 15, 2027 and every January 15th thereafter.
2.  Juvenile justice reports.  The child advocate shall prepare an in-depth report on 
juvenile justice conditions of confinement, detention and institutional placements in any 
facility operated by or contracted with an executive agency.  The report must be submitted 
to the joint standing committee of the Legislature having jurisdiction over criminal justice 
and public safety matters not later than January 15, 2027 and every 2 years thereafter.  The 
report must be made public.
§24207.  Privilege
A person employed or contracted by or volunteering for the office may not be 
compelled to testify or produce evidence in any judicial or administrative proceeding with 
respect to any matter involving the exercise of the person's official duties except as may be 
necessary to enforce this chapter.  All related memoranda, work products, notes or case 
files of the office are confidential and are not subject to discovery, subpoena or other means 
of legal compulsion and are not admissible in evidence in a judicial or administrative 
proceeding.  This privilege does not apply to information obtained by any employee, 
contractor or volunteer of the office regarding a crime or fraud, a communication of 
imminent risk of serious harm or a communication regarding the general operation of the 
office and the processes employed by the office.
§24208.  Advisory Committee to the Child Advocate
1.  Establishment and membership.  The Advisory Committee to the Child Advocate 
is established.  The advisory committee consists of the following members:
A.  Two members of the Senate, appointed by the President of the Senate;
B.  Two members of the House of Representatives, appointed by the Speaker of the 
House;
C.  Two representatives of the Maine Association of Chiefs of Police, one of whom 
serves as chief of police for a city and is appointed by the President of the Senate and 
one of whom serves as chief of police for a town and is appointed by the Speaker of 
the House;
D.  Four members of child advocacy organizations, 2 appointed by the President of the 
Senate and 2 appointed by the Speaker of the House;
E.  Two members who have lived experience with children's services administered by 
an executive agency, including child protection, juvenile justice, developmental or 
educational services as a child or family member, one appointed by the President of 
the Senate and one appointed by the Speaker of the House;
F.  One member representing the Maine Chapter of the American Academy of 
Pediatrics or successor organization, appointed by the President of the Senate;
G.  One member representing the Maine Education Association, appointed by the 
President of the Senate;
H.  One member representing the Maine Psychological Association or successor 
organization, appointed by the Speaker of the House;
I.  One member representing the Maine Commission on Public Defense Services, 
appointed by the Speaker of the House;
J.  One member who is a prosecutor, appointed by the Attorney General; and
K.  Two members representing the judicial branch, appointed by the Chief Justice of 
the Supreme Judicial Court.
2.  Terms of members.  Legislative members of the committee serve a term 
coterminous with their term in office; all other members serve 3-year terms.
3.  Duties.  The advisory committee shall:
A.  Recommend at least 3 qualified candidates to the Governor, ranked in order by 
qualifications, for appointment to the position of Child Advocate except that, at the 
conclusion of a Child Advocate's 4-year term and upon receipt of a request from the 
Child Advocate to be considered for reappointment, the advisory committee shall 
determine whether to recommend reappointment.  In the case of reappointment, a 
single recommendation is sufficient and, if the Governor does not respond to the 
recommendation for reappointment within 8 weeks after receiving the recommendation 
from the advisory committee, the Child Advocate's reappointment must be referred to 
the Senate for approval.
Not later than 8 weeks after receiving the list of candidates from the advisory 
committee, the Governor shall designate a candidate for Child Advocate from among 
those recommended by the advisory committee and submit the appointment for 
approval by a 2/3 vote of the Senate.  If at any time any candidate withdraws from 
consideration prior to approval by the Senate, the appointment must be made from 
among the remaining candidates recommended by the advisory committee to the 
Governor. If, not later than 8 weeks after receiving the recommendations of the 
advisory committee, the Governor fails to designate a candidate, the candidate ranked 
first by the advisory committee is appointed and submitted for approval by a 2/3 vote 
of the Senate;
B.  Evaluate the Child Advocate's performance as determined necessary based on 
feedback received related to the Child Advocate and as measured by progress of 
strategic plan goals;
C.  Annually recommend whether the Child Advocate should receive a cost-of-living 
increase and salary increase in accordance with performance evaluations;
D.  Advise the Child Advocate on the strategic direction of the office and its mission 
and help promote the use of, engagement in and access to the office;
E.  Work cooperatively with the Child Advocate to provide fiscal oversight of the 
general operating budget of the office and ensure that the office operates in compliance 
with the provisions of this chapter and state and federal laws relating to children's 
services;
F.  Promote the mission of the office to the public;
G.  Provide assistance as practicable and as requested by the Child Advocate to 
implement this chapter;
H.  Provide supervision to the office in its effort to support an effective, comprehensive 
and coordinated system of services and programs for children, youth and families;
I.  Review with the office the efficacy of selected programs and services of executive 
agencies, including the characteristics of target populations, trends affecting program 
costs and participation and alternative approaches to programmatic and administrative 
concerns as a means to set priority initiatives and system reviews; and
J.  Collaborate with the office to identify and promote implementation of best practices 
on behalf of children and families.
Sec. 2.  18-C MRSA §5-127, sub-§4, as enacted by PL 2017, c. 402, Pt. A, §2 and 
affected by PL 2019, c. 417, Pt. B, §14, is amended by amending the first blocked paragraph 
to read:
The organization shall maintain records on the training and background checks of agents, 
including the content and dates of training and full transcripts of background checks, for a 
period of not less than 5 years after the minor attains 18 years of age.  The organization 
shall make the records available to a parent or guardian executing a power of attorney under 
this section and to the ombudsman Child Advocate under Title 22 5, section 4087‑A 24203 
and any local, state or federal authority conducting an investigation involving the agent, 
the parent or guardian or the minor.
Sec. 3.  22 MRSA §4004, sub-§1, ¶E, as amended by PL 2023, c. 261, §1, is further 
amended to read:
E.  Establishing a child death and serious injury review panel for reviewing deaths and 
serious injuries to children.  The panel consists of the following members: the Chief 
Medical Examiner, a pediatrician, a public health nurse, forensic and community 
mental health clinicians, law enforcement officers, departmental child welfare staff, 
district attorneys, criminal or civil assistant attorneys general and the ombudsman 
pursuant to Child Advocate under Title 5, section 4087‑A 24203 or a designee of the 
ombudsman Child Advocate.
The purpose of the panel is to recommend to state and local agencies methods of 
improving the child protection system, including modifications of statutes, rules, 
policies and procedures. Beginning January 1, 2023 and every 2 years thereafter, the 
department shall submit a report to the joint standing committee of the Legislature 
having jurisdiction over health and human services matters.
The panel shall submit a report to the joint standing committee of the Legislature 
having jurisdiction over health and human services matters at least every 3 months.  
The panel may submit a combined report with the child welfare advisory panel 
established in section 4010‑D or any judicial branch task force or panel with a focus 
on the child welfare system or child protective proceedings.  Any presentation of the 
report to the committee must be presented by the citizen members of the panels to the 
extent possible.  Each quarterly report must contain, at a minimum, the following:
(1)  A summary of generalized and anonymized observations in the prior 3-month 
period regarding efforts by the Office of Child and Family Services to improve the 
child welfare system;
(2)  A summary of the collaboration between the child welfare advisory panel and 
the child death and serious injury review panel as well as any judicial branch task 
force or panel with a focus on the child welfare system or child protective 
proceedings; and
(3)  Any recommendations on how to further protect the State's children through 
department policy and rulemaking and through legislation;
Sec. 4.  22 MRSA §4087-A, as amended by PL 2021, c. 550, §§3 to 6, is repealed.
Sec. 5.  Funds transferred.  Notwithstanding the Maine Revised Statutes, Title 5, 
sections 1585 and 1586, all accrued expenditures, assets, liabilities, balances or allocations, 
transfers, revenues or other available funds in any account or subdivision of an account of 
the Department of Health and Human Services and authorized for use by the ombudsman 
program under Title 22, section 4087-A on the effective date of this Act must be reallocated 
to the Department of Administrative and Financial Services, Office of the Child Advocate 
under Title 5, chapter 625. 
SUMMARY
This bill establishes the Office of the Child Advocate as an independent agency with 
jurisdiction over all children's services delivered or arranged by the State.  It endows the 
Child Advocate with authority to receive complaints, access information, investigate, 
publicly report, make recommendations and advise the Governor, the Legislature, 
administrators of state agencies and the public on the best interests of children in providing 
services.  It repeals the provision creating the ombudsman program in the Child and Family 
Services and Child Protection Act but retains services formerly provided by the 
ombudsman to be provided by the Office of the Child Advocate.  It also provides for the 
transfer of funding from the ombudsman program to the Office of the Child Advocate.