Sec. W-1. 22 MRSA §4008, sub-§6 is enacted to read:
6. Requests for disclosure of records; establishment of fees; rules. The department may accept requests and charge fees for research and disclosure of its records as provided in this subsection.
A. The department may charge fees for the services listed in paragraph B to any person except the following:
(1) A parent in a child protection proceeding, an attorney who represents a parent in a child protection proceeding or a guardian ad litem in a child protection proceeding when the parent, attorney or guardian ad litem requests the service for the purposes of the child protection proceeding;
(2) An adoptive parent or prospective adoptive parent who requests records relating to the child who has been or might be adopted;
(3) A person having the legal authorization to evaluate or treat a child, parent or custodian who is the subject of a record, including a member of a treatment team or group convened to plan for or treat a child or family that is the subject of a record; the record must be requested for the purpose of evaluating or treating the child, parent or custodian who is the subject of the record;
(4) Governmental entities of this State that are not engaged in licensing; and
(5) Governmental entities of any county or municipality of this State that are not engaged in licensing.
A request or order by a court for disclosure of records pursuant to subsection 3, paragraph B must be deemed to have been made by the person requesting that the court order the disclosure.
B. The department may charge fees for the following services:
(1) Researching its records to determine whether a particular person is named in the records;
(2) Receiving and responding to a request for disclosure of department records, whether or not the department grants the request; and
(3) Disclosing department records.
C. The department may adopt rules governing requests for the services listed in paragraph B. Those rules may provide for a mechanism for making a request, the information required in making a request, the circumstances under which requests will be granted or denied and any other matter that the department determines necessary to efficiently respond to requests for disclosure of records. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
D. The department shall establish a schedule of fees by rule. The schedule of fees may provide that certain classes of persons are exempt from the fees, and it may establish different fees for different classes of persons. All fees collected by the department must be deposited in the General Fund. Rules adopted pursuant to this paragraph are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.
E. A governmental entity that is engaged in licensing may charge an applicant for the fees imposed on it by the department for research and disclosure of records.
F. This subsection may not be construed to permit or require the department to make a disclosure in any particular case.
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