| | | 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 | | for conduct described in subsection 4, good faith does not | | include instances when a false report is made and the person | | knows the report is false. Nothing in this section may be | | construed to bar criminal or civil action regarding perjury or | | regarding the abuse or neglect which led to a report, | | investigation or proceeding. |
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| | | Sec. 14. 22 MRSA §4014, sub-§4 is enacted to read: |
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| | | 4.__Limited immunity for state employees.__Notwithstanding the | | provisions of Title 14, chapter 741, an employee of the | | department is not immune from liability for conduct with | | malicious intent or for severe dereliction of duty. |
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| | | Sec. 15. Commission to Study Termination of Parental Rights. The Commission to | | Study Termination of Parental Rights, referred to in this section | | as "the commission," is established. |
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| | | 1. The commission consists of 8 members, including 4 members | | from the Joint Standing Committee on Health and Human Services | | appointed by the chair of the committee, of whom 2 must be from | | the political party with the 2nd-highest number of members in the | | Legislature, and 4 members from the Joint Standing Committee on | | Judiciary appointed by the chair of the committee, of whom 2 must | | be from the political party with the 2nd-highest number of | | members in the Legislature. |
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| | | 2. The first-named Senate member is the Senate chair of the | | commission and the first-named House of Representatives member is | | the House chair of commission. |
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| | | 3. All appointments must be made no later than 30 days | | following the effective date of this Act. The appointing | | authorities shall notify the Executive Director of the | | Legislative Council once all appointments have been completed. | | Within 15 days after appointment of all members, the chairs shall | | call and convene the first meeting of the commission. |
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| | | 4. The commission shall study the standard for when the | | termination of parental rights is warranted. |
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