An Act to Amend Certain Definitions in the Child and Family
Maine Legislature, Session 132, LD 1406
Committee: Health and Human Services
Sponsors: MEYER
Amends: 22 MRSA §4002

Legislative Document
No. 1406
H.P. 928
House of Representatives, April 1, 2025
An Act to Amend Certain Definitions in the Child and Family 
Services and Child Protection Act
(EMERGENCY)
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MEYER of Eliot.
Cosponsored by Representative: BRENNAN of Portland.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period in order to apply to cases of abuse or neglect of a child or jeopardy to health or 
welfare of a child as soon as possible; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §4002, sub-§1, as amended by PL 2021, c. 176, §1, is further 
amended to read:
1.  Abuse or neglect.  "Abuse or neglect" means a threat to a child's health or welfare 
by physical, mental or emotional injury or impairment, or sexual abuse or exploitation 
including under Title 17‑A, sections 282, 852, 853 and 855 or deprivation of essential 
needs, or lack of protection from these, by a person responsible for the child.  "Abuse or 
neglect" also means serious harm or threat of serious harm by a person responsible for the 
child due to inadequate care or supervision of the child or deprivation of food, clothing, 
shelter, education or medical care necessary for the child's health or welfare by that person 
when that person is financially able to provide food, clothing, shelter, education or medical 
care necessary for the child's health or welfare or is offered reasonable financial means or 
other means to do so.  "Abuse or neglect" also means truancy under Title 20‑A, section 
3272, subsection 2, paragraph C or section 5051‑A, subsection 1, paragraph C or D when 
truancy is the result of neglect by a person responsible for the child.  "Abuse or neglect" 
also means a threat to a child's health or welfare caused by child sex trafficking by any 
person, regardless of whether or not the person is responsible for the child.
Sec. 2.  22 MRSA §4002, sub-§6, ¶B, as amended by PL 2021, c. 176, §3, is further 
amended to read:
B.  Deprivation of adequate food, clothing, shelter, supervision or care by the person 
responsible for the child when that person is financially able to provide adequate food, 
clothing, shelter, supervision or care or is offered reasonable financial means or other 
means to do so;
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill changes the definitions of "abuse or neglect" and "jeopardy to health or 
welfare" in the Child and Family Services and Child Protection Act.  It provides that "abuse 
or neglect" also means serious harm or threat of serious harm by a person responsible for 
the child due to inadequate care or supervision of the child or deprivation of food, clothing, 
shelter, education or medical care necessary for the child's health or welfare by that person 
when that person is financially able to provide food, clothing, shelter, education or medical 
care necessary for the child's health or welfare or is offered reasonable financial means or 
other means to do so.  It removes from the definition of "abuse or neglect" the lack of 
protection from specified threats to a child's health or welfare by a person responsible for 
the child.  It provides that "jeopardy to health or welfare" means serious abuse or neglect 
as evidenced by deprivation of adequate food, clothing, shelter, supervision or care by the 
person responsible for the child when that person is financially able to provide adequate 
food, clothing, shelter, supervision or care or is offered reasonable financial means or other 
means to do so.