An Act to Require Certain Individuals Who Instruct Children
Maine Legislature, Session 132, LD 0134
Committee: Health and Human Services
Sponsors: RAFFERTY

Legislative Document
No. 134
S.P. 70
In Senate, January 8, 2025
An Act to Require Certain Individuals Who Instruct Children 
Under 18 Years of Age in Dance or Creative Movement to Undergo 
a Criminal Background Check
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator RAFFERTY of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA c. 1693 is enacted to read:
CHAPTER 1693
CHILD DANCE CLASS INSTRUCTORS
§9081. Background checks for child dance class instructors
1. Child dance class instructor defined. For the purposes of this chapter, "child dance 
class instructor" means an individual who, by virtue of employment, provides children 
under 18 years of age structured dance or creative movement classes. "Child dance class 
instructor" does not include employees or volunteers of a dance program for children under 
years of age who are affiliated with a school and those employees or volunteers are 
governed by Title 20-A, chapter 502 or individuals who are credentialed employees of a 
school, pursuant to Title 20-A, chapter 502, that provides dance programs for children 
under 18 years of age.
2. Criminal background check required. A child dance class instructor shall 
complete a criminal background check pursuant to rules adopted in accordance with this 
section.
3. Rules. The department shall adopt rules requiring a criminal background check that 
meets the requirements of 42 United States Code, Section 9858f(b) for a child dance class 
instructor. Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A.
Sec. 2. Department of Health and Human Services; rulemaking. On or before 
December 31, 2026, the Department of Health and Human Services shall adopt rules 
necessary for the implementation, administration and enforcement of criminal background 
checks for child dance class instructors pursuant to the Maine Revised Statutes, Title 22, 
section 9081.
Sec. 3. Department of Health and Human Services; report. By December 3, 
2025, the Department of Health and Human Services shall submit a report to the Joint 
Standing Committee on Health and Human Services regarding the status of rulemaking 
requiring criminal background checks of child dance class instructors pursuant to the Maine 
Revised Statutes, Title 22, section 9081 and including any recommendations regarding 
necessary statutory changes to facilitate the rulemaking. The department may include in 
the report any recommendations for the licensing of child dance class instructors.
SUMMARY
This bill requires certain individuals who provide dance classes to children under 18 
years of age to undergo a criminal background check.  The bill requires the Department of 
Health and Human Services to adopt rules to implement the criminal background check 
requirement. The bill also requires the department to submit a report to the Joint Standing 
Committee on Health and Human Services by December 3, 2025 on the status of the 
adoption and implementation of the rules, and including any departmental 
recommendations regarding the licensing of child dance class instructors.