Resolve, To Establish the Task Force To Better Coordinate the Protection of Vulnerable Populations

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

Whereas,  many departments and agencies of government, including the Department of Health and Human Services, the Office of the Attorney General, the Department of Public Safety, occupational licensing boards and the district attorneys, share responsibility for investigating allegations of abuse and neglect of vulnerable populations; and

Whereas,  it is critical that the many governmental entities that are charged with this duty work together when possible to share information and coordinate responsibilities; and

Whereas,  this legislation creates the Task Force To Better Coordinate the Protection of Vulnerable Populations, which is directed to identify areas of improvement in the coordination of information and processes of the entities that investigate allegations of abuse and neglect; and

Whereas,  the task force's study must be initiated before the 90-day period expires in order that the study may be completed and a report submitted in time for submission to the next legislative session; 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. Task force established. Resolved: That the Task Force To Better Coordinate the Protection of Vulnerable Populations, referred to in this resolve as "the task force," is established to identify areas of improvement in the coordination of information and processes of the entities that investigate allegations of abuse and neglect.

Sec. 2. Task force membership. Resolved: That, notwithstanding Joint Rule 353, the task force consists of 15 members as follows:

1. Four members appointed by the President of the Senate as follows:

2. Four members appointed by the Speaker of the House as follows:

3. Four members appointed by the Governor as follows:

4. The Commissioner of Health and Human Services or the commissioner's designee;

5. The Commissioner of Public Safety or the commissioner's designee; and

6. The Attorney General or the Attorney General's designee.

Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate chair and the first-named House of Representatives member is the House chair of the task force.

Sec. 4. Appointments; convening of task force. Resolved: That all appointments must be made no later than 30 days following the effective date of this resolve. The appointing authorities shall notify the Executive Director of the Legislative Council once all appointments have been completed. After appointment of all members, the chairs shall call and convene the first meeting of the task force. If 30 days or more after the effective date of this resolve a majority of but not all appointments have been made, the chairs may request authority and the Legislative Council may grant authority for the task force to meet and conduct its business.

Sec. 5. Duties. Resolved: That the task force shall identify areas of improvement in the coordination of information and processes of the entities, including but not limited to the Department of Health and Human Services, the Department of Public Safety, occupational licensing boards, the Office of the Attorney General and the district attorneys, that investigate allegations of abuse and neglect of vulnerable populations. The study conducted by the task force must include, but is not limited to:

1. A review of the coordination and information sharing that exists between governmental entities that are charged with the responsibility of receiving complaints of abuse or neglect of vulnerable populations and investigating and acting on those complaints and an analysis of the potential for greater coordination and sharing of data and information;

2. An examination of the many different gateways through which an allegation of abuse or neglect may be filed and the absence of clear jurisdictional primacy over such allegations and whether these issues have an impact on the ultimate resolution of such allegations;

3. An analysis of the definitional and language differences in statutes and rules regarding abuse and neglect and the impact of such differences; and

4. A review of any additional issues associated with training, staffing and funding experienced by governmental entities charged with the responsibility of receiving complaints of abuse or neglect of vulnerable populations.

Sec. 6. Staff assistance. Resolved: That the Department of Health and Human Services shall provide the task force with staff assistance and access to any nonconfidential aggregate information necessary for the task force to carry out its duties.

Sec. 7. Report. Resolved: That, no later than December 4, 2019, the task force shall submit a report that includes its findings and recommendations, including suggested legislation, for presentation to the Joint Standing Committee on Health and Human Services.

The Joint Standing Committee on Health and Human Services may submit a bill related to this report to the Second Regular Session of the 129th Legislature.

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

SUMMARY

This resolve establishes the Task Force To Better Coordinate the Protection of Vulnerable Populations to identify areas of improvement in the coordination of information and processes of the entities that investigate allegations of abuse and neglect. The task force must report its findings and recommendations, including suggested legislation, to the Joint Standing Committee on Health and Human Services by December 4, 2019.