CHAPTER 95
H.P. 397 - L.D. 528
An Act to Implement the Recommendations of the Task Force to Study the Need for an Ombudsman for the Department of Human Services and the Department of Mental Health, Mental Retardation and Substance Abuse Services Relating to the Department of Mental Health, Mental Retardation and Substance Abuse Services
Be it enacted by the People of the State of Maine as follows:
Sec. 1. Review of child protective policy; rules. By September 30, 2000, the Department of Human Services, Bureau of Child and Family Services shall review all policies governing child protective services for the purpose of determining those portions appropriate for adopting rules under the Maine Revised Statutes, Title 5, chapter 375. In conducting this review and determining the portions appropriate for rulemaking, the bureau shall consult with advocates for families and other interested persons. The bureau shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the results of the review. The bureau shall conclude this review and adopt the appropriate rules by June 30, 2001. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.
Sec. 2. Comprehensive information. By September 30, 2000, the Department of Human Services shall publish a comprehensive pamphlet describing the child protective process and the rights and responsibilities of parents in the child protective system. This pamphlet must be provided to parents in the beginning of the child protective assessment and must include a list of support services available to families to help them reduce risk to children in the home. The pamphlet must be revised and modified as changes are made in policy, rule and law.
Sec. 3. Review of child protective services. By September 30, 2000, the Department of Human Services shall convene a multi-disciplinary group that includes representatives of persons involved in the child protective system, including the Child Welfare Advisory Committee, established in the Maine Revised Statutes, Title 22, section 4089, to consider and make recommendations for improvements in the child protective services program. By March 1, 2001, the department shall report the findings and recommendations of the group to the joint standing committee of the Legislature having jurisdiction over health and human services matters and the joint standing committee of the Legislature having jurisdiction over judiciary matters. The report must include, but is not limited to, recommendations for creating fair and appropriate procedures, consistent with due process, for child protective activities of the department prior to filing a petition under Title 22, subchapter IV, including procedures regarding the substantiation of allegations of abuse and the development and review of child protective services plans.
Effective August 11, 2000, unless otherwise indicated.
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