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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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S.P. 332 - L.D. 773
An Act to Ensure Access by Parties and Attorneys to Records in Child and
Adult Protection Proceedings
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 18-C MRSA §5-701, sub-§4 is enacted to read:
4. Access to records.
or has been appointed by the court under this Article, the Department of Health and Human
Services shall disclose to the respondent and the respondent's attorney relevant information
from the department's records as required by Title 22, section 3474, subsection 3, paragraph
F.
Sec. 2. 22 MRSA §3474, sub-§2, ¶D, as amended by PL 2003, c. 653, §6, is further
amended to read:
D. An incapacitated or dependent adult named in a record who is reported to be abused,
neglected or exploited or the The caretaker, guardian or conservator of the an
incapacitated or dependent adult named in a record who is reported to be abused,
neglected or exploited;
Sec. 3. 22 MRSA §3474, sub-§3, ¶D, as amended by PL 2021, c. 686, §2, is further
amended to read:
D. An advocacy agency conducting an investigation under chapter 961, United States
Public Law 88-164, Title I, Part C or United States Public Law 99-319, regarding a
developmentally disabled person or mentally ill person who is or who, within the last
90 days, was residing in a facility rendering care or treatment, when a complaint has
been received by the agency or there is probable cause to believe that that individual
has been subject to abuse or neglect, and that person does not have a legal guardian or
the person is under public guardianship. The determination of which information and
records are relevant to the investigation is made by agreement between the department
and the agency; and
Sec. 4. 22 MRSA §3474, sub-§3, ¶E,
amended to read:
APPROVED
JUNE 12, 2023
BY GOVERNOR
CHAPTER
151
PUBLIC LAW Page 2 - 131LR0254(03)
E. The Maine Developmental Services Oversight and Advisory Board established in
Title 5, section 12004‑J, subsection 15. Access is limited to aggregate data regarding
investigations under this chapter relating to persons receiving adult developmental
services as defined in Title 34‑B, section 1001, subsection 1‑A. Data must be provided
at least quarterly. The determination of aggregate data to be provided is made by
agreement between the department and the Maine Developmental Services Oversight
and Advisory Board.; and
Sec. 5. 22 MRSA §3474, sub-§3, ¶F is enacted to read:
F. The adult who is the subject of the record and the adult's attorney, with protection
for identity of reporters and other persons when appropriate. Nothing in this paragraph
requires the department to disclose information to a guardian or conservator of the adult
who is the subject of the record.
Sec. 6. 22 MRSA §4008, sub-§2, ¶D-2, as enacted by PL 2005, c. 300, §4, is
repealed.
Sec. 7. 22 MRSA §4008, sub-§3, ¶L, as amended by PL 2015, c. 381, §2, is further
amended to read:
L. To a licensing board of a mandated reporter, in the case of a mandated reporter
under section 4011‑A, subsection 1 who appears from the record or relevant
circumstances to have failed to make a required report. Any information disclosed by
the department personally identifying a licensee's client or patient remains confidential
and may be used only in a proceeding as provided by Title 5, section 9057, subsection
6; and
Sec. 8. 22 MRSA §4008, sub-§3, ¶M, as enacted by PL 2015, c. 381, §3, is
amended to read:
M. Law enforcement authorities for entry into the National Crime Information Center
database of the Federal Bureau of Investigation and to a national information
clearinghouse for missing and exploited children operated pursuant to 42 United States
Code, Section 5773(b). Information disclosed pursuant to this paragraph is limited to
information on missing or abducted children or youth that is required to be disclosed
pursuant to 42 United States Code, Section 671(a)(35)(B).; and
Sec. 9. 22 MRSA §4008, sub-§3, ¶N is enacted to read:
N. A party to a child protection proceeding and the attorney representing the party in
the proceeding, with protection for identity of reporters and other persons when
appropriate.
Sec. 10. 22 MRSA §4032, sub-§2, ¶C-1 is enacted to read:
C-1. The phone number and e-mail address, if known, of each parent and custodian,
unless the petitioner has reason to believe that disclosing the phone number or e-mail
address of the parent and custodian to another parent and custodian in the proceeding
would create a safety risk or the petitioner has reason to believe that a parent and
custodian has taken steps to avoid disclosing that parent's and custodian's phone
number or e-mail address to another parent and custodian in the proceeding.