LD 376
pg. 1
LD 376 Title Page An Act To Encourage Lawful Investigations of Suspected Child Abuse and Neglect ... LD 376 Title Page
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LR 1534
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 22 MRSA §4014, sub-§1, as amended by PL 1987, c. 395, Pt. A,
§89, is further amended to read:

 
1. Reporting and proceedings. A person, including an agent
of the department, participating in good faith in reporting
under this subchapter or participating in a related child
protection investigation or proceeding, including, but not
limited to, a multidisciplinary team, out-of-home abuse
investigating team or other investigating or treatment team,
is immune from any criminal or civil liability for the act of
reporting or participating in the investigation or proceeding.
"Good faith" does not include instances when a false report is
made and the person knows the report is false and does not
include actions that are in breach of state or federal laws,
rules or regulations. Nothing in this section may be
construed to bar criminal or civil action regarding perjury or
regarding the abuse or neglect which that led to a report,
investigation or proceeding.

 
SUMMARY

 
This bill clarifies that a person involved in a child
protection investigation or proceeding is not immune from
liability if that person breaches state or federal laws, rules
or regulations.


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