LD 867
pg. 1
LD 867 Title Page An Act Regarding Child Protection Proceedings Page 2 of 3
Download Bill Text
LR 562
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 22 MRSA §4007, sub-§5, as enacted by PL 1985, c. 506, Pt. A,
§42, is repealed.

 
Sec. 2. 22 MRSA §4008, sub-§1, as enacted by PL 1979, c. 733, §18, is
amended to read:

 
1. Confidentiality of records and information. All
department records which that contain personally identifying
information and are created or obtained in connection with the
department's child protective activities and activities related
to a child while in the care or custody of the department, and
all information contained in those records, are confidential and
subject to release only under the conditions of subsections 2 and
3. Within the department, the records shall be available only to
and used by appropriate departmental personnel and legal counsel
for the department in carrying out their functions.

 
Within the department, the records are available only to and may
be used only by appropriate departmental personnel and legal
counsel for the department in carrying out their functions.

 
Any person who receives department records or information from
the department may use the records or information only for the
purposes for which that release was intended.__A person,
including, but not limited to, a child, parent, custodian or
subject of a record, may not further disseminate any record that
person receives from the department unless the dissemination is
otherwise required by law.

 
Sec. 3. 22 MRSA §4008, sub-§2, ¶A-1 is enacted to read:

 
A-1.__A law enforcement agency, to the extent necessary for
reporting, investigating and prosecuting an alleged crime,
the victim of which is a department employee, an employee of
the Attorney General's Office, an employee of any court or
court system, a person mandated to report suspected abuse or
neglect, a person who has made a report to the department, a
person who has provided information to the department or an
attorney, guardian ad litem, party, participant, witness or
prospective witness in a child protection proceeding;

 
Sec. 4. 22 MRSA §4008, sub-§2, ¶¶D-1 and D-2 are enacted to read:

 
D-1.__A parent, custodian or caretaker of a child when the
department believes the child may be at risk of harm from the
person who is the subject of the records or information,


LD 867 Title Page Top of Page Page 2 of 3