CHAPTER 487
H.P. 1301 - L.D. 1861
An Act To Improve the Ability of the Department of Corrections To Share Information Related to Clients in Order To Improve Treatment and Rehabilitative Services
Emergency preamble. Whereas, acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, immediately authorizing the Department of Corrections to share information regarding juvenile clients with the Department of Health and Human Services will facilitate timely and comprehensive treatment and rehabilitation plans for clients; and
Whereas, immediately authorizing the Department of Corrections to share client information with other state agencies will allow for cross-referencing and determination of any overlap in services and proper identification of populations served and will also allow for agency savings and expedited treatment; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 15 MRSA §3301, sub-§6-A, as amended by PL 1999, c. 260, Pt. A, §8, is further amended to read:
6-A. Records confidential. Except as otherwise provided in this Title, information contained in records pertaining to a juvenile against whom a juvenile petition has not been filed is confidential unless the juvenile, and the juvenile's parents, guardian or legal custodian if the juvenile is not emancipated, has given informed written consent to the disclosure of the records.
This subsection does not preclude the release of the identity of a juvenile on conditional release pursuant to section 3203-A or on informal adjustment pursuant to this section to a criminal justice agency for the administration of juvenile criminal justice or to the Department of Health and Human Services if necessary to carry out the statutory functions of that agency.
Sec. 2. 34-A MRSA §1216, sub-§1, ¶E, as enacted by PL 2003, c. 205, §10, is amended to read:
E. To persons engaged in research if:
(1) The research plan is first submitted to and approved by the commissioner;
(2) The disclosure is approved by the commissioner; and
(3) Neither original records nor identifying data are removed from the facility or office that prepared the records.
The commissioner and the person doing the research shall preserve the anonymity of the person receiving services from the department and may not disseminate data that refer to that person by name or number or in any other way that might lead to the person's identification; or
Sec. 3. 34-A MRSA §1216, sub-§1, ¶F, as enacted by PL 2003, c. 205, §10, is amended to read:
F. To persons who directly supervise or report on the health, behavior or progress of a juvenile, to the superintendent of a juvenile's school and the superintendent's designees and to agencies that are or might become responsible for the health or welfare of a juvenile if the information is relevant to and disseminated for the purpose of creating or maintaining an individualized plan for the juvenile's rehabilitation, including reintegration into the school.; or
Sec. 4. 34-A MRSA §1216, sub-§1, ¶G is enacted to read:
G. To any state agency engaged in statistical analysis for the purpose of improving the delivery of services to persons who are or might become mutual clients if:
(1) The plan for the statistical analysis is first submitted to and approved by the commissioner; and
(2) The disclosure is approved by the commissioner.
The commissioner and the state agency requesting the information shall preserve the anonymity of the persons receiving services from the department and may not disseminate data that refer to any person by name or number or that in any other way might lead to a person's identification.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective March 13, 2006.
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