Maine § 22 §4021 Investigations

Maine Statutes

§ 22 §4021 — Investigations

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

1.Subpoenas and obtaining criminal history. The commissioner, the commissioner's delegate or the legal counsel for the department may:

2.Confidentiality. Information or records obtained by subpoena shall be treated in accordance with section 4008.

3.Interviewing the child without prior notification. The department may interview a child without prior notification under the following provisions.

4.Audio recording of planned interviews of children. To the extent possible, the department shall audio record all planned questioning of and planned interviews with children. No later than February 1, 2003, the commissioner shall provisionally adopt rules in accordance with Title 5, chapter 375 to establish procedures for the audio recording of planned questioning of and planned interviews with

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1.
Subpoenas and obtaining criminal history.
The commissioner, the commissioner's delegate or the legal counsel for the department may:
2.
Confidentiality.
Information or records obtained by subpoena shall be treated in accordance with section 4008.
3.
Interviewing the child without prior notification.
The department may interview a child without prior notification under the following provisions.
4.
Audio recording of planned interviews of children.
To the extent possible, the department shall audio record all planned questioning of and planned interviews with children. No later than February 1, 2003, the commissioner shall provisionally adopt rules in accordance with Title 5, chapter 375 to establish procedures for the audio recording of planned questioning of and planned interviews with children. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter II‑A and must be reviewed before final approval by the joint standing committee of the Legislature having jurisdiction over judiciary matters.
5.
Right to record.
A person being questioned or interviewed under this chapter or the parent of a child who is the subject of a proceeding under this chapter may not be prohibited from audio recording the questioning or interview.

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Legislative History

PL 1979, c. 733, §18 (NEW). PL 1981, c. 369, §10 (AMD). PL 1989, c. 270, §7 (AMD). PL 1993, c. 294, §5 (AMD). PL 2001, c. 696, §23 (AMD). PL 2007, c. 132, §1 (AMD). PL 2007, c. 586, §§14, 15 (AMD). PL 2013, c. 267, Pt. B, §19 (AMD). PL 2015, c. 283, §1 (AMD). RR 2021, c. 2, Pt. B, §186 (COR). PL 2023, c. 248, §3 (AMD).