Resolve, To Ensure the Continuation of Services to Maine Children and Families

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  to ensure the necessary and proper protection of children and families in this State, this legislation must take effect immediately to allow contracts entered into by the Department of Health and Human Services to continue without interruption; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

Sec. 1. Resolve 2017, c. 56, §1, amended. Resolved: That Resolve 2017, c. 56, §1 is amended to read:

Sec. 1. Community Partnerships for Protecting Children contracts. Resolved: That, notwithstanding any other provision of law, the following contractual agreements entered into by the Department of Health and Human Services must be continued by the department in accordance with this resolve through at least January 31, 2019  the termination date specified in each contractual agreement:

1. Contracts awarded pursuant to RFP number 201509167, Community Partnerships for Protecting Children:

2. The contract awarded pursuant to RFP number 201608176, Community Concepts, agreement number CFS-17-8206.

If a contract identified in this section is in effect on the effective date of this resolve, the department may not terminate the contract before and must continue the contract through at least January 31, 2019  the termination date specified in each contractual agreement, unless the contracting party voluntarily agrees to a termination of the contract before that date or unless there is a material breach of contract by the contracting party sufficient to justify a termination under the terms of the contract. If a contract identified in this section has been terminated by the department prior to the effective date of this resolve, the department shall immediately offer and, unless the contracting party does not consent, immediately reenter a contract with that party on the same terms as the terminated contract and may not terminate the contract before and must continue the contract through at least January 31, 2019  the termination date specified in the original contractual agreement, unless the contracting party voluntarily agrees to a termination of the contract before that date or unless there is a material breach of contract by the contracting party sufficient to justify a termination under the terms of the contract; and be it further

Sec. 2. Retroactivity. Resolved: That this resolve applies retroactively to January 31, 2019.

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

summary

Resolve 2017, chapter 56 requires the Department of Health and Human Services to continue certain contractual agreements entered into by the department with Community Partnerships for Protecting Children until January 31, 2019. This resolve amends that resolve to require the department to extend the contractual agreements until at least the termination date specified in the contractual agreement. This resolve applies retroactively to January 31, 2019.