CHAPTER 300
H.P. 618 - L.D. 867
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 A, §42, is repealed.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 or information that person receives from the department unless the dissemination is otherwise allowed 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, with protection for identity of reporters and other persons when appropriate;
D-2. A party to a child protection proceeding, when the records or information is relevant to the proceeding, with protection for identity of reporters and other persons when appropriate;
Sec. 5. 22 MRSA §4008, sub-§2, ¶E, as amended by PL 2001, c. 696, §17, is further amended to read:
E. A person having the legal responsibility or authorization to evaluate, treat, educate, care for or supervise a child, parent or custodian who is the subject of a record, or a member of a panel appointed by the department to review child deaths and serious injuries, or a member of the Domestic Abuse Homicide Review Panel established under Title 19-A, section 4013, subsection 4. This includes a member of a treatment team or group convened to plan for or treat a child or family that is the subject of a record. This may also include a member of a support team for foster parents, if that team has been reviewed and approved by the department;
Sec. 6. 22 MRSA §4008, sub-§2, ¶E-1 is enacted to read:
E-1. A relative or other person whom the department is investigating for possible custody or placement of the child;
Sec. 7. 22 MRSA §4008, sub-§2, ¶I, as repealed and replaced by PL 1989, c. 878, Pt. A, §63, is amended to read:
I. The representative designated to provide child welfare services by the tribe of an Indian child as defined by the federal Indian Child Welfare Act, 25 United States Code, Section 1903, or a representative designated to provide child welfare services by an Indian tribe of Canada; and
Sec. 8. 22 MRSA §4008, sub-§3, ¶A, as enacted by PL 1979, c. 733, §18, is amended to read:
A. The guardian ad litem of a child named in a record who is reported to be abused or neglected, appointed pursuant to section 4005, subsection 1;
Sec. 9. 22 MRSA §4008, sub-§3, ¶A-1 is enacted to read:
A-1. The court-appointed guardian ad litem, visitor or attorney of a child who is the subject of a court proceeding involving parental rights and responsibilities, grandparent visitation, custody, guardianship or involuntary commitment. The access of the guardian ad litem, visitor or attorney to the records or information under this paragraph is limited to reviewing the records in the offices of the department. Any other use of the information or records during the proceeding in which the guardian ad litem, visitor or attorney is appointed is governed by paragraph B;
Effective September 17, 2005.
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