8. A caseworker or supervisor employed by the Department of Human Services, appointed by the Commissioner of Human Services.

The Chief Justice of the Supreme Judicial Court is requested to designate a District Court Judge to participate with the commission; and be it further

Sec. 3. Chairs. Resolved: That the first named Senate member is the Senate chair of the commission and the first named House of Representatives member is the House chair of the commission; and be it further

Sec. 4. Appointments; meetings. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The Executive Director of the Legislative Council must be notified by all appointing authorities once the selections have been made. When the appointment of all members has been completed, the chairs of the commission shall call and convene the first meeting of the commission no later than September 15, 2001; and be it further

Sec. 5. Duties. Resolved: That the commission shall study the child protective system and make recommendations for changes in laws, rules and procedures.

1. In conducting the study, the commission shall examine the following issues:

A. Information about rights and future proceedings that should be given to parents at every stage of the child protective process;

B. The availability of information in the possession of the Department of Human Services to parents and their attorneys, and the timing and extent of discovery;

C. The accurate preservation of interviews involving employees of the Department of Human Services, communications with employees of the Department of Human Services and communications involving parents, including the reliability of the preservation and appropriate use of the communications;

D. The appropriate role of intervenors; who, if anyone, should have automatic intervenor status; who should be permitted to apply for intervenor status; and what criteria

the court should use in determining whether to grant intervenor status;

E. The determination of the best interest of the child, while balancing the child's safety and privacy interests with the public's interest in openness in governmental actions and records, particularly with regard to termination of parental rights hearings;

F. The appropriate standard of proof that the State must bear at each stage of child protection proceedings;

G. The role of and requirements that apply to guardians ad litem and the extent to which guardians ad litem are fulfilling their responsibilities;

H. The liability of the State, the Department of Human Services and employees of the Department of Human Services, either as a governmental entity or personally, for removal of children from their homes or other actions when such actions are overturned by the court as erroneous or unnecessary;

I. The mandatory reporting laws concerning child and adult abuse and neglect; the consequences of failing to report; and the State's role in educating the public about reporting child abuse and neglect; and

J. Any other issues the commission determines appropriate.

2. In examining these issues, the commission may:

A. Hold a public hearing;

B. Hold informational sessions for discussions with knowledgeable persons;

C. Review laws, procedures and activities in other jurisdictions; and

D. Carry out other activities relevant to the purposes of the study; and be it further

Sec. 6. Staff assistance. Resolved: That, upon approval of the Legislative Council, the Office of Policy and Legal Analysis shall provide necessary staffing services to the commission; and be it further

Sec. 7. Compensation. Resolved: That the members of the commission who are Legislators are entitled to the legislative

per diem, as defined in the Maine Revised Statutes, Title 3, section 2, and reimbursement for necessary expenses incurred for their attendance at authorized meetings of the commission. Other members of the commission who are not otherwise compensated by their employers or other entities that they represent are entitled to receive reimbursement of necessary expenses incurred for their attendance at authorized meetings; and be it further

Sec. 8. Report. Resolved: That the commission shall submit its report, together with any necessary implementing legislation, to the Joint Standing Committee on Judiciary no later than December 15, 2001. The Joint Standing Committee on Judiciary may introduce legislation related to the report to the Second Regular Session of the 120th Legislature. If the commission requires a limited extension of time to conclude its work, it may apply to the Legislative Council, which may grant the extension; and be it further

Sec. 9. Budget. Resolved: That the chairs of the commission, with assistance from the commission staff, shall administer the commission's budget. Within 10 days after its first meeting, the commission shall present a work plan and proposed budget to the Legislative Council for approval. The commission may not incur expenses that would result in the commission's exceeding its approved budget. Upon request from the commission, the Executive Director of the Legislative Council shall promptly provide the commission chairs and staff with a status report on the commission's budget, expenditures incurred and paid and available funds; and be it further

Sec. 10. Appropriation. Resolved: That the following funds are appropriated from the General Fund to carry out the purposes of this resolve.

2001-02

LEGISLATURE

Commission to Review the Child Protective

System

Personal Services $1,650

All Other 5,800

Provides funds for the per diem and expenses of legislative members and other eligible members of the Commission to Review the Child Protective System, to hold a public hearing and informational sessions and to print the required report.

LEGISLATURE ________

TOTAL $7,450

Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.

FISCAL NOTE

2001-02

APPROPRIATIONS/ALLOCATIONS

General Fund $7,450

This bill includes a General Fund appropriation of $7,450 in fiscal year 2001-02 for the per diem and expenses of legislative members and other eligible members of the Commission to Review the Child Protective System, to hold a public hearing and informational sessions and to print the required report.

The additional costs associated with providing staffing assistance to the commission during the interim between legislative sessions can be absorbed by the Legislature utilizing existing budgeted resources. If an extension of the reporting deadline is granted and the commission requires staffing assistance during the legislative session, the Legislature may require an additional General Fund appropriation to contract for staff services.

The additional costs associated with participating in the review of the child protective system can be absorbed by the Department of Human Services and the Judicial Department utilizing existing budgeted resources.

SUMMARY

This resolve creates a study commission to examine many factors about the child protective system. The commission consists of 11 members, appointed by the President of the Senate and the Speaker of the House of Representatives, with the exception of a child protective caseworker who will be appointed by the Commissioner of Human Services. The Chief Justice of the Supreme Judicial Court is requested to appoint a District Court Judge to participate with the commission.

The commission's duties include reviewing the issues raised by the many bills introduced into the First Regular Session of the 120th Legislature and to review and investigate specific problems and questions in the child protective system. These duties focus mainly on the legal rights and duties of parents, guardians ad litem, the Department of Human Services and other participants in the child protective legal system. The commission is charged with making recommendations for changes in laws, rules and procedures and to report back to the Joint Standing Committee on Judiciary no later than December 15, 2001. The committee may report out legislation related to the report.