LD 114
pg. 8
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LR 623
Item 1

 
G.__Provide a range of alternative dispute resolution
methods to individuals, including the pursuit of legal
remedies when appropriate;

 
H.__Advise, consult and assist the executive and legislative
branches on activities of State Government relating to child
welfare services and recommend improvements to the quality
of child welfare services 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 and the disclosure is otherwise
permitted pursuant to section 4008.__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. 7. 22 MRSA §4089, sub-§1, ķE, as enacted by PL 1989, c. 819, §6,
is amended to read:


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