An Act To Strengthen Confidentiality Laws for Child Victims of Crime
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §4008, sub-§3, ¶B, as amended by PL 1995, c. 694, Pt. D, §38 and affected by Pt. E, §2, is further amended to read:
B. A court on its finding that access to those records may be necessary for the determination of any issue before the court or a court requesting a home study from the department pursuant to Title 18-A, section 9-304 or Title 19-A, section 905. Access to such a report or record is limited to counsel of record unless otherwise ordered by the court and only when that counsel establishes, to the satisfaction of the court, a basis for the claim by counsel that the report or record contains evidence both material and favorable to that counsel's case. Access to actual reports or records is limited to in camera inspection, unless the court determines that public disclosure of the information is necessary for the resolution of an issue pending before the court;
summary
Current law requires the Department of Health and Human Services to grant access to confidential records held by the department in connection with the department’s child protective activities if a court determines that the records may be necessary for the determination of an issue before the court. Access is limited to counsel of record unless otherwise produced by the court.
This bill requires counsel of record to establish a basis for the counsel’s claim that the confidential records contain evidence that is both material and favorable to the counsel’s case before the court may grant access.