G. When a report alleges out-of-home abuse and neglect in facilities or by persons not subject to licensure by the department or service center, shall immediately refer the report to the service center or agency or department charged with the responsibility to investigate such a report or, if applicable, to the state department operating the facility;

Sec. 4. 22 MRSA §4088, sub-§5, as enacted by PL 1989, c. 400, §9, is amended to read:

5. Records; confidentiality; disclosure; access. 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. When conducting an investigation of a person subject to licensure by the Department of Education, the team must have access to any records or documents designated as confidential in Title 20-A, section 6101, subsection 2.__Copies of these records or documents must be provided simultaneously to the person being investigated.

SUMMARY

This bill gives the out-of-home abuse and neglect investigating team established in the Maine Revised Statutes, Title 22, section 4088 the authority to obtain access to personnel records for persons licensed by the Department of Education, including those in the Baxter School for the Deaf.