LD 114
pg. 6
Page 5 of 9 An Act to Implement the Recommendations of the Task Force to Study the Need for... Page 7 of 9
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LR 623
Item 1

 
TANF program, ASPIRE Program and Parents as Scholars Program
and recommend improvements to the quality of these programs in
State Government; and

 
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.

 
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.

 
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.

 
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.

 
Sec. 4. 22 MRSA §4004-B is enacted to read:

 
§4004-B.__Right to fair hearing for parents involved in child

 
protective matters

 
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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