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TANF program, ASPIRE Program and Parents as Scholars Program | and recommend improvements to the quality of these programs in | State Government; and |
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| I.__Make annual reports relating to the activities of the | ombudsman program to the department and the joint standing | committee of the Legislature having jurisdiction over human | services. |
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| | 3.__Access to files and records.__The ombudsman program has | access, limited only by the law, to the files, records and | personnel of the department or any agency or entity administered, | licensed or funded by the department for the purposes of | investigation of an inquiry or complaint. The ombudsman may also | enter the premises of the department or any agency or entity | administered, licensed or funded by the department for the | purposes of investigation of an inquiry or complaint. |
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| | 4.__Confidentiality of records.__Information or records | maintained by the ombudsman program relating to a complaint or | investigation may not be disclosed unless the ombudsman | authorizes the disclosure.__The ombudsman may not disclose the | identity of any complainant unless the complainant or a legal | representative of the complainant consents in writing to the | disclosure or a court orders the disclosure. A complainant or a | legal representative of the complainant, in providing the | consent, may specify to whom the identity may be disclosed and | for what purposes, in which event no other disclosure is | authorized. |
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| | 5.__Immunity.__Any person that in good faith participates in | the registering of a complaint with the ombudsman program | pursuant to this section or in good faith investigates that | complaint as an employee or volunteer of the ombudsman program is | immune from any civil or criminal liability that otherwise might | result from these actions. For the purpose of any civil or | criminal proceedings, there is a rebuttable presumption that any | person acting pursuant to this section did so in good faith. |
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| | Sec. 4. 22 MRSA §4004-B is enacted to read: |
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| §4004-B.__Right to fair hearing for parents involved in child |
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| | Before the initiation of a child protection proceeding, a | parent or custodian who believes the conditions imposed by the | department that are intended to reduce the risk of abuse or | neglect of a child or that are intended to allow the parent or | custodian to retain custody of a child has the right to a fair | hearing.__Any action relative to the conditions imposed by the |
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