D. Shall coordinate and consult with the bureau staff performing general licensing functions to eliminate duplicative or redundant investigations to the extent possible and to prevent, correct or eliminate the abuse or neglect or threat of abuse or neglect in out-of-home settings;

E. Shall provide the results of the investigation to the bureau's licensing staff for appropriate action;

F. Shall include relevant professionals outside the department as members of the team for all investigations of residential treatment centers, group homes or day care centers mandated by this subchapter and for other child care facilities as warranted;

G. When a report alleges out-of-home abuse and neglect in facilities or programs or by persons not subject to licensure by the department licensed by the Department of Education, the Department of Corrections or the Department of Mental Health, Mental Retardation and Substance Abuse Services or in connection with services funded in whole or in part by these departments, shall immediately refer the report to the agency or department charged with the responsibility to investigate such a report that licensed the facility, person or program or funded the services or, if applicable, to the state department operating the facility;

H. With respect to reports described in paragraph G, may, on its own initiative or upon request of another department or agency charged with the responsibility to investigate, participate in the out-of-home abuse and neglect investigation of persons, programs or facilities subject to licensure or funded in whole or in part or operated by the Department of Education, the Department of Corrections or the Department of Mental Health, Mental Retardation and Substance Abuse Services.__With regard to these reports, the

team shall investigate if the department involved does not undertake its own investigation;

I. Shall refer to the office of the district attorney or office of the Attorney General, when appropriate, any case in which criminal activity is alleged and shall coordinate its investigation with that office to minimize the trauma to the children involved; and

J. Shall consult and train law enforcement personnel, advocates and others in the identification, reporting, prevention and investigation of out-of-home abuse and neglect as time allows.

Sec. 4. 22 MRSA §4088, sub-§§4 to 6, as enacted by PL 1989, c. 400, §9, are amended to read:

4. Training. The team shall must be trained in techniques of investigating out-of-home abuse and neglect of children, as well as child development; identification of abuse and neglect; interview techniques; treatment alternatives for perpetrators, victims and their families; licensing regulations applicable to facilities, programs or persons licensed pursuant to Subtitle 6; rules applicable to contracted services for children; and other statutory and regulatory remedies available to prevent, correct or eliminate abuse and neglect in out-of-home settings.

5. Records; confidentiality; disclosure. Records created pursuant to this subchapter shall must be maintained in accordance with section 4008 and shall may not be disclosed except as provided by that section or by section 7703, subsections 2 to 4.

6. Assistance. Staff performing general licensing and contracting functions may assist the team in conducting out-of- home investigations upon the request of the Director of the Bureau of Child and Family Services, provided that as long as the licensing or contracting staff member has neither not currently licensed nor, contracted with or monitored for compliance the subject of the investigation.

Sec. 5. 22 MRSA §7703, sub-§4, ¶¶C, E and F, as enacted by PL 1983, c. 691, §2, are amended to read:

C. A court on its finding that access to those records may be necessary for the determination of any issue before the court. Access shall be is limited to in camera inspection, unless the court determines that public disclosure of the information is necessary for the resolution of an issue pending before it;

E. An appropriate state executive or legislative official with responsibility for adult or child protection services in carrying out his the official functions, provided except that no personally identifying information may be made available unless necessary to his the official's functions;

F. The Protection and Advocacy Agency for the Developmentally Disabled in Maine in connection with investigations conducted in accordance with Title 5, chapter 961 511. The determination of what information and records are relevant to the investigation shall must be made by agreement between the department and the agency; and

Sec. 6. 34-B MRSA §1205, sub-§4, as amended by PL 1989, c. 731, §3, is further amended to read:

4. Access to files and records. The Office of Advocacy, through the chief advocate and the other advocates, has access, limited only by the law, to the files, records and personnel of any institution, facility, program, person, service or agency administered, licensed or funded by the department. All persons with knowledge about an incident related to client care, including client-to-client assault, staff-to-client assault, client-to-staff assault, excessive use of seclusion or mechanical or chemical restraint, incidents stemming from questionable psychiatric and medical practice or any other alleged abuse or neglect, shall immediately report the details of that incident to the Office of Advocacy. A copy of any incident report shall must be provided to the Office of Advocacy by the person making the report.

SUMMARY

This bill does the following.

1. It adds children's services programs and providers of services funded in whole or in part by the Department of Human Services, Department of Education, Department of Corrections and Department of Mental Health, Mental Retardation and Substance Abuse Services to the settings in which the out-of-home abuse and neglect investigating team may investigate reports of suspected abuse and neglect of children. If one of these departments is involved and does not undertake an investigation, the bill requires the team to investigate the report.

2. It corrects a cross-reference regarding confidentiality of information regarding investigations conducted by the

Disability Rights Center under the Maine Revised Statutes, Title 5, chapter 511.

3. It adds programs, services and persons administered, licensed or funded by the Department of Mental Health, Mental Retardation and Substance Abuse Services to the law providing access to records for the Office of Advocacy within the Department of Mental Health, Mental Retardation and Substance Abuse Services.