LD 73
pg. 3
Page 2 of 4 An Act to Make the Children's Ombudsman Program an Independent Office Page 4 of 4
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LR 711
Item 1

 
This subsection does not create new rights or obligations
concerning the provision of legal advice or representation of
parents. Failure to provide information under this subsection
does not create a cause of action or have any effect on a child
protective proceeding.

 
5. Access to persons, files and records. As necessary for
the duties of the program and as pertinent to a particular
complaint or inquiry, the ombudsman has access to the files
and records of the department, without fee, and to the
personnel of the department for the purposes of investigation
of an inquiry or complaint. The ombudsman may also enter the
premises of the department for the purposes of investigation
of an inquiry or complaint without prior notice. The program
shall maintain the confidentiality of all information or
records obtained under this subsection.

 
6. Confidentiality of records. Information or records
maintained by the program relating to a complaint or inquiry
are confidential and may not be disclosed unless the
disclosure is permitted by law and consented to by the
ombudsman or ordered by court. Records maintained by the
program are not public records as defined in Title 1, chapter
13.

 
7. Liability. Any person who in good faith submits a
complaint or inquiry to the program pursuant to this section
is immune from any civil or criminal liability. 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. The ombudsman and employees and
volunteers in the program are employees of the State for the
purposes of the Maine Tort Claims Act.

 
8. Penalties. A person who intentionally obstructs or
hinders the lawful performance of the ombudsman's duties
commits a Class E crime. A person who penalizes or imposes a
restriction on a person who makes a complaint or inquiry to
the ombudsman as a result of that complaint or inquiry commits
a Class E crime. The Attorney General shall enforce this
subsection under Title 5, section 191.

 
9. Information. Beginning January 1, 2002, information
about the services of the program and any applicable grievance
and appeal procedures must be given to all children and
families receiving child welfare services from the department
and from all persons and entities contracting with the
department for the provision of child welfare services.


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