LD 88
pg. 2
Page 1 of 3 An Act to Add to the List of Mandatory Reporters of Suspected Child Abuse Child... Page 3 of 3
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LR 1457
Item 1

 
his the knowledge or reasonable cause to suspect that a child has
been or is likely to be abused or neglected comes from treatment of
a person responsible for the abuse or neglect, the licensed mental
health professional shall report to the department in accordance
with subsection 1 and under the following conditions.

 
A. The department shall consult with the licensed mental
health professional who has made the report and shall
attempt to reach agreement with the professional as to how
the report is to be pursued. If agreement is not reached,
the licensed mental health professional may request a
meeting under paragraph B.

 
B. Upon the request of the licensed mental health
professional who has made the report, after the department
has completed its investigation of the report under section
4021 or has received a preliminary protection order under
section 4034 and where the department plans to initiate or
has initiated a final protection action under section 4035
or plans to refer or has referred the report to law
enforcement officials, the department shall convene at least
one meeting of the licensed mental health professional who
made the report, at least one representative from the
department, a licensed mental health professional with
expertise in child abuse or neglect and a representative of
the district attorney's office having jurisdiction over the
report, unless that office indicates that prosecution is
unlikely.

 
C. The persons meeting under paragraph B shall make
recommendations regarding treatment and prosecution of the
person responsible for the abuse or neglect. The persons
making the recommendations shall take into account the
nature, extent and severity of abuse or neglect, the safety
of the child and the community and needs of the child and
other family members for treatment of the effects of the
abuse or neglect and the willingness of the person
responsible for the abuse or neglect to engage in treatment.
The persons making the recommendations may review or revise
these recommendations at their discretion.

 
The department shall, after consultation with the Maine
Prosecutors Association, the Maine Psychological Association and
other affected groups, report on the effects of this subsection
to the joint standing committee of the Legislature having
jurisdiction over the judiciary by February 15, 1987.

 
The intent of this subsection is to encourage offenders to seek
and effectively utilize treatment, at the same time providing any


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