Sec. 3. 22 MRSA c. 1071, sub-c. 11-A, as amended, is repealed.

Sec. 4. 22 MRSA §7704 is enacted to read:

§7704.__Investigation of out-of-home abuse and neglect

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Abuse or neglect by an individual" means that which occurs when an agency employee, an individual licensee or a person who resides in or frequents a facility or program for children commits abuse or neglect of a child or children attending the facility or program.

B.__"Division" means the Division of Child Care Licensing.

C.__"Institutional abuse" means that which occurs whenever a child suffers harm or threat of harm while in the care of an agency or individual licensee who, by the agency's or licensee's actions, participates in or knowingly allows practices that cause harm to children.

D.__"Institutional neglect" means that which occurs whenever a child or children suffers harm or threat of harm while in the care of an agency or individual licensee who, by the agency's or licensee's inaction, fails to act responsibly to prevent harm or threat of harm to a child or children.

F.__"Investigations unit" means the out-of-home abuse and neglect investigations unit staff within the division.

G.__"License" has the same definition as in Title 5, section 8002 and includes approval and certification.

H.__"Out-of-home abuse and neglect" means abuse and neglect of a child that occurs in a facility or by a person subject to licensure or inspection by the department, the Department of Education, the Department of Corrections or the Department of Behavioral and Developmental Services or in a facility operated by those departments.

2.__Applicability of other definitions.__Any term defined or used in section 4002; chapter 1071, subchapter 2; section 4021; or chapter 1153, 1661, 1663, 1669, 1671, 1673 or 1675 has the