Printed on recycled paper
132nd MAINE LEGISLATURE
FIRST SPECIAL SESSION-2025
Legislative Document No. 1893H.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. Page 1 - 132LR0112(01)
1
2 is enacted to read:
3
4
5
6
7
8 As used in this chapter, unless the context otherwise indicates, the following terms
9 have the following meanings.
10
11 the Child Advocate established pursuant to section 24208, subsection 1.
12
13 bureau or office of the State, as well as any other public and private children or youth
14 service agencies providing services under contract or agreement with an executive agency.
15
16 Office of the Child Advocate appointed pursuant to section 24203.
17
18 in the custody of or receiving services from or arranged through an executive agency; who
19 was in the custody of or received services from or arranged through an executive agency
20 within the past 3 years; whose siblings or parents or other caretakers have been the subject
21 of a report to the Department of Health and Human Services, Office of Child and Family
22 Services within the past 3 years; or who is receiving services from an executive agency.
23
24 the health and well-being of a child in the custody of or receiving services from or arranged
25 through an executive agency, including, but not limited to:
26 A. The near fatality or serious bodily or emotional injury of a child;
27 B. A missing child or an abduction of a child;
28 C. Human trafficking of a child, including, but not limited to, labor trafficking, sex
29 trafficking and the production of child sexual abuse images;
30 D. The death of a parent or guardian of a child;
31 E. Abuse or neglect by a provider of medical, social work or similar services or a client
32 of the provider;
33 F. A dangerous situation involving a child;
34 G. A medication error by a provider of medical, social work or similar services
35 involving a child; Page 2 - 132LR0112(01)
1 H. A rights violation by a provider of medical, social work or similar services
2 involving a child;
3 I. An accident involving executive agency staff and a child, parent or provider of
4 medical, social work or similar services;
5 J. Attempted suicide by a child;
6 K. Rape or other sexual assault of a child;
7 L. Serious physical injury or risk thereof to a child;
8 M. Serious psychological injury or risk thereof to a child;
9 N. An inquiry made by the Governor's office with regard to a child;
10 O. Circumstances that result in a reasonable belief that the Department of Health and
11 Human Services, Office of Child and Family Services or the Department of Corrections
12 division providing juvenile services failed in its duty to protect a child and, as a result,
13 the child was at imminent risk of or suffered serious bodily or emotional injury or
14 death;
15 P. A media report of a child; and
16 Q. Any restraint or seclusion of a child.
17 "Critical incident" also includes the fatality of a child, which may involve, but is not limited
18 to, circumstances of accident, child abuse, child neglect, homicide or other violence, natural
19 causes, overdose, suicide or terminal illness.
20
21 branch that provides services to children.
22"Office" means the Office of the Child Advocate.
23
24 recommending changes to an executive agency's implementation of laws and rules and all
25 contracted programs, providers, services and activities of that executive agency as well as
26 that executive agency's policies, procedures, practices and implementation and amendment
27 of those policies, procedures and practices related to the care of or services to children.
28
29 controlled by or on behalf of an executive agency.
30
31 The Office of the Child Advocate is established as an independent agency to provide
32 oversight of executive agencies. The office is attached to the Department of Administrative
33 and Financial Services for administrative purposes only.
34
35 law to the contrary, operate with full independence from any state official or executive
36 agency, except that the advisory committee established under section 24207 may perform
37 its duties with regard to the office. The office shall provide independent oversight of
38 executive agencies to: Page 3 - 132LR0112(01)
1 A. Ensure that children involved with an executive agency, and in particular children
2 served by the child welfare or juvenile justice systems, receive timely, safe and
3 effective services and that the children's best interests are being protected;
4 B. Work in collaboration with executive agencies and with other necessary parties on
5 children's services cases under review;
6 C. Ensure that children placed in the care of the State or receiving services under the
7 supervision of an executive agency in any public or private facility receive humane and
8 dignified treatment at all times, with full respect for the children's personal dignity,
9 right to privacy and right to adequate and appropriate health care and education in
10 accordance with state and federal law;
11 D. Examine, on a system-wide basis, the care and services that executive agencies
12 provide children and provide recommendations to improve the quality of those services
13 in order to provide each child with the opportunity to live a full and productive life;
14 E. Advise the Governor, the Legislature, the advisory committee and the public about
15 how the State may improve its services to and for children and their families; and
16 F. Periodically review and investigate any aspect of an executive agency's policies,
17 procedures, practices and programs and work collaboratively with the executive
18 agency to improve its policies, procedures, practices and programs.
19
20 child welfare services and may provide input on the State's child welfare system to the
21 Department of Health and Human Services and the joint standing committee of the
22 Legislature having jurisdiction over health and human services matters. The office shall
23 provide case-specific advocacy services. In performing services under this section, the
24 office, as the child advocate determines to be appropriate, may create and maintain records
25 and case-specific reports. Any work on systems improvements or lobbying must be
26 adjunctive to case-specific activities. The office may:
27 A. Provide information to the public about the services of the program through a
28 comprehensive outreach program. The office shall provide information through a toll-
29 free telephone number and a publicly accessible website;
30 B. Answer inquiries, investigate and work toward resolution of complaints regarding
31 the performance and services of the Department of Health and Human Services and
32 participate in conferences, meetings and studies that may improve the performance of
33 the department;
34 C. Provide services to persons to assist them in protecting their rights;
35 D. Inform persons of the means of obtaining services from the Department of Health
36 and Human Services;
37 E. Provide information and referral services;
38 F. Analyze and provide opinions and recommendations to agencies, the Governor and
39 the Legislature on current or proposed state programs, rules, policies and laws;
40 G. Determine what types of complaints and inquiries will be accepted for action by
41 the office and adopt policies and procedures regarding communication with persons Page 4 - 132LR0112(01)
42 making inquiries or complaints and the Department of Health and Human Services;
43 and
3 H. Collect and analyze records and data relevant to the duties and activities of the
4 office and make reports as required by law or determined to be appropriate.
5 The Department of Health and Human Services or designee of the department shall notify
6 the child advocate of any statewide policy changes affecting the State's child welfare
7 system before the changes take effect.
8
9 with appropriate interested parties, shall provide information about child protection laws
10 and procedures to parents whose children are the subject of child protective investigations
11 and cases under Title 22, chapter 1071. The providing of the information under this
12 subsection does not constitute representation of parents. Parents may seek and receive
13 information regardless of whether they are represented by legal counsel. The information
14 must be provided free of charge to parents.
15 The office shall report annually to the joint standing committee of the Legislature having
16 jurisdiction over judiciary matters, starting February 1, 2026, on the provision of
17 information required by this subsection.
18 This subsection does not create new rights or obligations concerning the provision of legal
19 advice or representation of parents. Failure to provide information under this subsection
20 does not create a cause of action or have any effect on a child protective proceeding.
21
22 review and if the office considers it necessary:
23 A. Investigate the actions of an executive agency and make appropriate referrals;
24 B. Investigate those complaints in which the Child Advocate determines that a child
25 or a family may need assistance from the office or a systemic issue in the State's
26 provision of services is raised by the complaint; and
27 C. Provide assistance to a child or a family that the Child Advocate determines is in
28 need of assistance, including seeking resolution of complaints, which may include, but
29 is not limited to, referring a complaint to an appropriate agency or entity, making a
30 recommendation to that agency or entity for action related to the complaint and sharing
31 information in any proceeding before any court or agency in the State in which matters
32 related to an executive agency's child protection and juvenile justice services are at
33 issue.
34
35 practicable when a critical incident has occurred. The child advocate may investigate the
36 critical incident or may review an executive agency's investigation of a critical incident.
37 Before investigating any critical incident, the Child Advocate shall determine whether an
38 executive agency or law enforcement agency is already investigating the critical incident;
39 after making such a determination, the Child Advocate may investigate that critical incident
40 or defer to the other investigation. The Child Advocate shall coordinate efforts to minimize
41 the impact of an investigation on the child, family or employees of the agency involved
42 unless the Child Advocate determines that such coordination will impede the investigation.
43 In every instance, the Child Advocate shall notify the head of the relevant agency of the
44 office's involvement before beginning an investigation.
1
2 Page 5 - 132LR0112(01)
1
2 Advocate immediately by telephone of:
3 A. Any child fatality or serious injury of a child under the executive agency's care or
4 supervision; and
5 B. Any assessment of the safety of any child or the child's siblings pursuant to the
6 event under paragraph A.
7 The executive agency shall further provide the office with a written report of such a fatality
8 or serious injury as soon as is practicable.
9
10 advisory committee.
11 The office shall provide information and
12 referral services to the public regarding all child services provided by the State, particularly
13 child protection and juvenile justice services.
14
15 advocacy initiatives in furtherance of the mission and responsibilities of the office.
16
17 in any proceeding before any court, agency, board or advisory committee in the State in
18 which matters related to child protection and juvenile justice services are an issue.
19
20 of all institutions and residences, public or private, where a child has been placed by an
21 executive agency.
22
23 bequests of funds from other States, federal and interstate agencies, independent
24 authorities, private firms, nonprofit organizations, foundations and individuals for the
25 purpose of carrying out the responsibilities of the office as long as those grants, gifts and
26 bequests are consistent with the mission of the office.
27
28
29 office, serve as the office's administrator and perform all other duties as assigned by this
30 chapter. The appointment must be made on the recommendation of the advisory committee
31 and approved by a 2/3 vote of the Senate. The position of Child Advocate is a full-time,
32 unclassified position.
33
34 appointed and approved. Any vacancy in the position of Child Advocate must be filled in
35 the same manner as the original appointment was made for the remainder of the unexpired
36 term.
37
38 selected without regard to political affiliation and on the basis of integrity and demonstrated
39 ability and must possess a professional graduate degree in law, nursing, public health, social
40 work or a related field and be qualified by education, experience and expertise to perform
41 the duties of the office. Page 6 - 132LR0112(01)
1
2 Governor with approval by a 2/3 vote of the Senate. Cause under this subsection may
3 include substantial neglect of duty, gross misconduct or conviction of a crime. The cause
4 for removal of the Child Advocate must be stated in writing, must be sent to the Secretary
5 of the Senate and the Clerk of the House of Representatives and is a public document.
6 The Child Advocate
7 shall appoint the Associate Child Advocate and may, subject to available appropriations,
8 appoint such other personnel as the Child Advocate considers necessary for the efficient
9 management of the office. The duties of the personnel must be performed under the
10 supervision of the Child Advocate. If a vacancy occurs in the position of Child Advocate
11 and until such time as a candidate has been appointed by the Governor and approved by
12 the Senate, the Associate Child Advocate shall serve as the acting Child Advocate and is
13 entitled to the compensation and privileges of and exercises the powers of the Child
14 Advocate.
15
16
17 has access to agency personnel and may access, inspect and copy any records necessary to
18 carry out the responsibilities of the Child Advocate as provided in section 24203, including,
19 but not limited to:
20 A. All case records; all 3rd-party records, including the physical, mental, behavioral
21 and substance use treatment health care and education records of any child receiving
22 services from an executive agency; medical examiner's autopsy reports; law
23 enforcement records; and all records submitted to a court; and
24 B. Agency policies, procedures and reports, including draft policies and procedures.
25 The Child Advocate has unrestricted access to all electronic information systems records,
26 reports and materials necessary to carry out the responsibilities of the Child Advocate. An
27 executive agency shall notify the office of any new electronic information system that the
28 executive agency establishes.
29
30 subsection 1 that is necessary to carry out the responsibilities of the Child Advocate, the
31 Child Advocate may issue a subpoena for the production of that record.
32 The Child Advocate may issue a subpoena to compel the attendance and testimony of
33 witnesses or the production of books, papers and other documents and to administer oaths
34 to witnesses in any matter under investigation. If any person for whom a subpoena is issued
35 under this subsection fails to appear or, having appeared, refuses to give testimony or fails
36 to produce the evidence required, the Child Advocate may apply to the Superior Court to
37 order that person to appear and give testimony or to produce the evidence.
38The office, in performance of its duties under this
39 chapter, may communicate privately with any child or person who has received, is
40 receiving or should have received services from or through the State. Communications
41 under this subsection are confidential and not subject to disclosure except as provided in
42 section 24205.
43 Page 7 - 132LR0112(01)
1
2 all case records, 3rd-party records and court records pursuant to Title 22, section 4008,
3 subsection 1 and all other related confidentiality laws.
4
5 activities and the information gathered in office investigations and oversight activities,
6 including the identity of any complainant, are exempt from the public disclosure provisions
7 of Title 1, chapter 13, subchapter 1. The Child Advocate may disclose information in
8 accordance with the provisions of Title 22, section 4008, subsections 2 and 3 about a child
9 to any individual or entity responsible for, or providing services to, the child. Any
10 disclosures of confidential information must be the minimum necessary to ensure proper
11 care and treatment for the child or to identify, prevent or treat the abuse or neglect of a
12 child.
13
14 contrary, if the Child Advocate determines that the health, safety or welfare of children is
15 at risk, the Child Advocate may publicly disclose the details of investigation findings,
16 subject to the following limitations:
17 A. Names, addresses or other identifying information of individuals who are the
18 subject of any confidential proceeding or statutory confidential provision may not be
19 released to the public; and
20 B. Investigation findings may not be released if it is determined a pending law
21 enforcement investigation or prosecution would be affected.
22
23
24 Governor, President of the Senate, Speaker of the House of Representatives, legislative
25 committees with jurisdiction and advisory committees on the activities of the office,
26 including an analysis of the delivery of services to children, activities undertaken to
27 implement section 24202, subsection 1, paragraph D, recommendations for changes in
28 agency policy and procedures that enable the State to better provide services to and for
29 children and their families and priorities for implementation of those changes to services.
30 The report must be made public by January 15, 2027 and every January 15th thereafter.
31
32 juvenile justice conditions of confinement, detention and institutional placements in any
33 facility operated by or contracted with an executive agency. The report must be submitted
34 to the joint standing committee of the Legislature having jurisdiction over criminal justice
35 and public safety matters not later than January 15, 2027 and every 2 years thereafter. The
36 report must be made public.
37
38 A person employed or contracted by or volunteering for the office may not be
39 compelled to testify or produce evidence in any judicial or administrative proceeding with
40 respect to any matter involving the exercise of the person's official duties except as may be
41 necessary to enforce this chapter. All related memoranda, work products, notes or case
42 files of the office are confidential and are not subject to discovery, subpoena or other means
43 of legal compulsion and are not admissible in evidence in a judicial or administrative
44 proceeding. This privilege does not apply to information obtained by any employee, Page 8 - 132LR0112(01)
45 contractor or volunteer of the office regarding a crime or fraud, a communication of
46 imminent risk of serious harm or a communication regarding the general operation of the
47 office and the processes employed by the office.
4
5
6 is established. The advisory committee consists of the following members:
7 A. Two members of the Senate, appointed by the President of the Senate;
8 B. Two members of the House of Representatives, appointed by the Speaker of the
9 House;
10 C. Two representatives of the Maine Association of Chiefs of Police, one of whom
11 serves as chief of police for a city and is appointed by the President of the Senate and
12 one of whom serves as chief of police for a town and is appointed by the Speaker of
13 the House;
14 D. Four members of child advocacy organizations, 2 appointed by the President of the
15 Senate and 2 appointed by the Speaker of the House;
16 E. Two members who have lived experience with children's services administered by
17 an executive agency, including child protection, juvenile justice, developmental or
18 educational services as a child or family member, one appointed by the President of
19 the Senate and one appointed by the Speaker of the House;
20 F. One member representing the Maine Chapter of the American Academy of
21 Pediatrics or successor organization, appointed by the President of the Senate;
22 G. One member representing the Maine Education Association, appointed by the
23 President of the Senate;
24 H. One member representing the Maine Psychological Association or successor
25 organization, appointed by the Speaker of the House;
26 I. One member representing the Maine Commission on Public Defense Services,
27 appointed by the Speaker of the House;
28 J. One member who is a prosecutor, appointed by the Attorney General; and
29 K. Two members representing the judicial branch, appointed by the Chief Justice of
30 the Supreme Judicial Court.
31
32 coterminous with their term in office; all other members serve 3-year terms.
33The advisory committee shall:
34 A. Recommend at least 3 qualified candidates to the Governor, ranked in order by
35 qualifications, for appointment to the position of Child Advocate except that, at the
36 conclusion of a Child Advocate's 4-year term and upon receipt of a request from the
37 Child Advocate to be considered for reappointment, the advisory committee shall
38 determine whether to recommend reappointment. In the case of reappointment, a
39 single recommendation is sufficient and, if the Governor does not respond to the
40 recommendation for reappointment within 8 weeks after receiving the recommendation
1
2
3 Page 9 - 132LR0112(01)
41 from the advisory committee, the Child Advocate's reappointment must be referred to
42 the Senate for approval.
3 Not later than 8 weeks after receiving the list of candidates from the advisory
4 committee, the Governor shall designate a candidate for Child Advocate from among
5 those recommended by the advisory committee and submit the appointment for
6 approval by a 2/3 vote of the Senate. If at any time any candidate withdraws from
7 consideration prior to approval by the Senate, the appointment must be made from
8 among the remaining candidates recommended by the advisory committee to the
9 Governor. If, not later than 8 weeks after receiving the recommendations of the
10 advisory committee, the Governor fails to designate a candidate, the candidate ranked
11 first by the advisory committee is appointed and submitted for approval by a 2/3 vote
12 of the Senate;
13 B. Evaluate the Child Advocate's performance as determined necessary based on
14 feedback received related to the Child Advocate and as measured by progress of
15 strategic plan goals;
16 C. Annually recommend whether the Child Advocate should receive a cost-of-living
17 increase and salary increase in accordance with performance evaluations;
18 D. Advise the Child Advocate on the strategic direction of the office and its mission
19 and help promote the use of, engagement in and access to the office;
20 E. Work cooperatively with the Child Advocate to provide fiscal oversight of the
21 general operating budget of the office and ensure that the office operates in compliance
22 with the provisions of this chapter and state and federal laws relating to children's
23 services;
24 F. Promote the mission of the office to the public;
25 G. Provide assistance as practicable and as requested by the Child Advocate to
26 implement this chapter;
27 H. Provide supervision to the office in its effort to support an effective, comprehensive
28 and coordinated system of services and programs for children, youth and families;
29 I. Review with the office the efficacy of selected programs and services of executive
30 agencies, including the characteristics of target populations, trends affecting program
31 costs and participation and alternative approaches to programmatic and administrative
32 concerns as a means to set priority initiatives and system reviews; and
33 J. Collaborate with the office to identify and promote implementation of best practices
34 on behalf of children and families.
35 as enacted by PL 2017, c. 402, Pt. A, §2 and
36 affected by PL 2019, c. 417, Pt. B, §14, is amended by amending the first blocked paragraph
37 to read:
38 The organization shall maintain records on the training and background checks of agents,
39 including the content and dates of training and full transcripts of background checks, for a
40 period of not less than 5 years after the minor attains 18 years of age. The organization
41 shall make the records available to a parent or guardian executing a power of attorney under
42 this section and to the ombudsman Child Advocate under Title 22 5, section 24203
1
2 Page 10 - 132LR0112(01)
43 and any local, state or federal authority conducting an investigation involving the agent,
44 the parent or guardian or the minor.
3 as amended by PL 2023, c. 261, §1, is further
4 amended to read:
5 E. Establishing a child death and serious injury review panel for reviewing deaths and
6 serious injuries to children. The panel consists of the following members: the Chief
7 Medical Examiner, a pediatrician, a public health nurse, forensic and community
8 mental health clinicians, law enforcement officers, departmental child welfare staff,
9 district attorneys, criminal or civil assistant attorneys general and the ombudsman
10 pursuant to Child Advocate under Title 5, section 24203 or a designee of the
11 ombudsman Child Advocate.
12 The purpose of the panel is to recommend to state and local agencies methods of
13 improving the child protection system, including modifications of statutes, rules,
14 policies and procedures. Beginning January 1, 2023 and every 2 years thereafter, the
15 department shall submit a report to the joint standing committee of the Legislature
16 having jurisdiction over health and human services matters.
17 The panel shall submit a report to the joint standing committee of the Legislature
18 having jurisdiction over health and human services matters at least every 3 months.
19 The panel may submit a combined report with the child welfare advisory panel
20 established in section or any judicial branch task force or panel with a focus
21 on the child welfare system or child protective proceedings. Any presentation of the
22 report to the committee must be presented by the citizen members of the panels to the
23 extent possible. Each quarterly report must contain, at a minimum, the following:
24 (1) A summary of generalized and anonymized observations in the prior 3-month
25 period regarding efforts by the Office of Child and Family Services to improve the
26 child welfare system;
27 (2) A summary of the collaboration between the child welfare advisory panel and
28 the child death and serious injury review panel as well as any judicial branch task
29 force or panel with a focus on the child welfare system or child protective
30 proceedings; and
31 (3) Any recommendations on how to further protect the State's children through
32 department policy and rulemaking and through legislation;
33 as amended by PL 2021, c. 550, §§3 to 6, is repealed.
34
35 sections 1585 and 1586, all accrued expenditures, assets, liabilities, balances or allocations,
36 transfers, revenues or other available funds in any account or subdivision of an account of
37 the Department of Health and Human Services and authorized for use by the ombudsman
38 program under Title 22, section 4087-A on the effective date of this Act must be reallocated
39 to the Department of Administrative and Financial Services, Office of the Child Advocate
40 under Title 5, chapter 625.
1
2 Page 11 - 132LR0112(01)
1
2 This bill establishes the Office of the Child Advocate as an independent agency with
3 jurisdiction over all children's services delivered or arranged by the State. It endows the
4 Child Advocate with authority to receive complaints, access information, investigate,
5 publicly report, make recommendations and advise the Governor, the Legislature,
6 administrators of state agencies and the public on the best interests of children in providing
7 services. It repeals the provision creating the ombudsman program in the Child and Family
8 Services and Child Protection Act but retains services formerly provided by the
9 ombudsman to be provided by the Office of the Child Advocate. It also provides for the
10 transfer of funding from the ombudsman program to the Office of the Child Advocate.
2
3
4
5
6
7
8
9
10