An Act to Exclude Poverty as a Factor When Determining Instances
Maine Legislature, Session 132, LD 0891
Committee: Health and Human Services
Sponsors: HICKMAN, JAVNER
Amends: 22 MRSA §4002, 22 MRSA §4034, 22 MRSA §4036-B

Legislative Document
No. 891
S.P. 379
In Senate, March 4, 2025
An Act to Exclude Poverty as a Factor When Determining Instances 
of Willful Neglect or Abuse of a Child
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HICKMAN of Kennebec.
Cosponsored by Representative JAVNER of Chester and
Senators: BAILEY of York, DUSON of Cumberland, MOORE of Washington, 
Representatives: DRINKWATER of Milford, ROEDER of Bangor.
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 direct and identifiable threat to a 
child's health or welfare by physical, mental or emotional injury or impairment, sexual 
abuse or exploitation including under Title 17‑A, sections 282, 852, 853 and 855 or willful 
deprivation of essential needs, or lack of protection from these, by a person responsible for 
the child, for reasons other than poverty.  "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-§1-B, ¶A-1, as enacted by PL 2001, c. 696, §11, is 
amended to read:
A-1.  The parent refused for 6 months to comply with treatment required in a 
reunification plan with regard to the child for reasons other than poverty.
Sec. 3.  22 MRSA §4002, sub-§6, as corrected by RR 2021, c. 2, Pt. B, §178, is 
amended to read:
6.  Jeopardy to health or welfare or jeopardy.  "Jeopardy to health or welfare" or 
"jeopardy" means serious abuse or neglect, for reasons other than poverty, as evidenced 
by:
A.  Serious harm or threat of serious harm;
B.  Deprivation Willful deprivation of adequate food, clothing, shelter, supervision or 
care for reasons other than poverty;
B-1.  Deprivation Willful deprivation of necessary health care when the deprivation 
places the child in danger of serious harm for reasons other than poverty;
B-2.  Truancy under Title 20‑A, section 3272, subsection 2, paragraph C or section 
5051‑A, subsection 1, paragraph C or D;
C.  Abandonment of the child or absence of any person responsible for the child, which 
creates a threat of serious harm; or
D.  The end of voluntary placement, when the imminent return of the child to the child's 
custodian causes a threat of serious harm.
Sec. 4.  22 MRSA §4002, sub-§10, as amended by PL 1985, c. 739, §3, is further 
amended to read:
10.  Serious harm.  "Serious harm" means:
A.  Serious, nonaccidental injury;
B.  Serious mental or emotional injury or impairment which now or in the future that 
is likely to be evidenced by serious mental, behavioral or personality disorder, 
including severe anxiety, depression or withdrawal, untoward aggressive behavior, 
seriously delayed development or similar serious dysfunctional behavior, as diagnosed 
by a qualified medical provider, and that is the direct result of abuse or willful neglect 
for reasons other than poverty; or
C.  Sexual abuse or exploitation.
Sec. 5.  22 MRSA §4034, sub-§1, as amended by PL 2015, c. 501, §9, is further 
amended to read:
1.  Request.  A petitioner may add to a child protection petition a request for a 
preliminary protection order or may request a preliminary protection order separately from 
the child protection petition.  A request for a preliminary protection order must include a 
sworn summary of facts to support the request and identify the specific services offered 
and provided under section 4036‑B, subsection 3 to prevent the removal of the child from 
the home, including the specific efforts made, the duration of those efforts and the outcome 
of those efforts.
Sec. 6.  22 MRSA §4036-B, sub-§3, ¶A, as enacted by PL 2003, c. 408, §1, is 
amended to read:
A.  Whether or not the department has made reasonable efforts to prevent the removal 
of the child from home, including the specific efforts made, the duration of those efforts 
and the outcome of those efforts; and
SUMMARY
This bill amends certain definitions under the Child and Family Services and Child 
Protection Act and excludes poverty as a factor in a determination of willful neglect or 
abuse of a child. The bill also amends the laws governing preliminary protection order 
requests and reasonable efforts to prevent the removal of a child from a home to require 
the consideration of specific efforts made, the duration of those efforts and the outcome of 
those efforts.