CHAPTER 265
S.P. 492 - L.D. 1581
An Act to Allow the Department of Human Services Abuse and Neglect Investigators Access to Certain Baxter School for the Deaf Records
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §4088, sub-§1, ¶C, as enacted by PL 1989, c. 400, §9, is amended to read:
C. "License" shall be defined in accordance with has the same meaning as in Title 5, section 8002, and shall include includes approval and registration. With respect to persons licensed by the Department of Education, "license" means certify, authorize or approve.
Sec. 2. 22 MRSA §4088, sub-§1, ¶D-1 is enacted to read:
D-1. "Service center" means the Community Services Center established in section 6-C.
Sec. 3. 22 MRSA §4088, sub-§3, ¶¶B to G, as enacted by PL 1989, c. 400, §9, are amended to read:
B. Shall investigate all reports received by the department or service center regarding alleged out-of-home abuse and neglect occurring in facilities or by persons subject to licensure by the department pursuant to this Title;
C. Shall conduct a single investigation sufficient to determine not only if abuse or neglect has occurred but also to determine whether a licensing violation has occurred in order to protect children from further harm and establish a basis upon which to take licensing action. This procedure minimizes duplicative or redundant investigations to the extent possible in response to the same or related allegations of out-of-home abuse or neglect in facilities or by persons subject to licensure by the department pursuant to this Title;
D. Shall coordinate and consult with the bureau or service center staff performing general licensing functions to eliminate duplicative or redundant investigations to the extent possible and to prevent, correct or eliminate the abuse or neglect or threat of abuse or neglect in out-of-home settings;
E. Shall provide the results of the investigation to the bureau's, service center's or other department's licensing staff for appropriate action;
F. Shall include relevant professionals outside the department or service center as members of the team for all investigations of residential treatment centers, group homes or day care centers mandated by this subchapter and for other child care facilities as warranted;
G. When a report alleges out-of-home abuse and neglect in facilities or by persons not subject to licensure by the department or service center, shall immediately refer the report to the service center or agency or department charged with the responsibility to investigate such a report or, if applicable, to the state department operating the facility;
Sec. 4. 22 MRSA §4088, sub-§7 is enacted to read:
7. Access to records related to Governor Baxter School for the Deaf. Notwithstanding Title 20-A, section 6101, subsection 2, when the team is conducting an investigation of a person at the Governor Baxter School for the Deaf who is subject to licensure by the Department of Education, the Governor Baxter School for the Deaf and the Department of Education shall disclose to the team records related to:
A. Background checks related to the person;
B. The person's credentials;
C. Any conduct on the part of the person related to the allegation; and
D. Any action taken by the Governor Baxter School for the Deaf or the Department of Education in response to conduct of any person at the Governor Baxter School for the Deaf that is similar to the allegation.
Effective September 21, 2001, unless otherwise indicated.
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