§ 22 §4008-A — Child abuse and neglect investigations; disclosure

Maine § 22 §4008-A

• Jurisdiction: Maine
• Title 22: HEALTH AND WELFARE
• Part 3: CHILDREN
• Ch. 1071: CHILD AND FAMILY SERVICES AND CHILD PROTECTION ACT

Text

1.
Disclosure permitted.
Notwithstanding any other provision of law, the commissioner, with the advice of the Attorney General, may disclose information as set forth in this section regarding the abuse or neglect of a child and the investigation of and any services related to the abuse and neglect if the commissioner determines that such disclosure is not contrary to the best interests of the child, the child's siblings or other children in the household and any one of the following factors is present:
1-A.
Disclosure required.
The commissioner shall make public disclosure of the findings or information pursuant to this section in situations where child abuse or neglect results in a child fatality or near fatality, with the exception of circumstances, as determined with the advice of the Attorney General or appropriate district attorney, in which disclosure of child protective information would jeopardize a criminal investigation or proceeding.
2.
Information.
For the purposes of this section, the following information may be disclosed:
3.
Limitations.
The following limitations apply to information disclosed pursuant to this section.
4.
Considerations.
In determining pursuant to subsection 1 whether disclosure would be contrary to the best interests of the child, the child's siblings or other children in the household, the commissioner shall consider the privacy of the child and the child's family and the effects that disclosure may have on efforts to reunite and provide services to the family.
5.
Other releases and disclosure.
Except as it applies directly to the cause of the abuse or neglect of the child, nothing in this section authorizes the release or disclosure of the substance or content of any psychological, psychiatric, therapeutic, clinical or medical reports, evaluations or similar materials or information pertaining to the child or the child's family.
6.
Military family advocacy program.
Notwithstanding any provision of law to the contrary, the department shall negotiate a memorandum of understanding with the military family advocacy program at a military installation, as defined in Title 20‑A, section 20102, subsection 11, with respect to child abuse and neglect investigations. The memorandum of understanding must establish procedures and protocols for:

Legislative History

PL 1997, c. 328, §1 (NEW). PL 2009, c. 38, §§2, 3 (AMD). PL 2023, c. 518, §4 (AMD).