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Child
Abuse Reporting Statutes
Main Child Abuse Reporting Statute
MAIN
REVISED STATUTES
Title 22. Health and Welfare
Subtitle 3. Income Supplementation
Part 3. Children Chapter 1071. Child
and Family Services and Child Protection Act
Subchapter 2. Reporting of Abuse or
Neglect
§ 4011-A. Reporting of suspected abuse
or neglect
1. Required report to department.
The following adult persons shall immediately report or
cause a report to be made to the department when the person
knows or has reasonable cause to suspect that a child
has been or is likely to be abused or neglected or that
a suspicious child death has occurred:
Whenever a person is required to report
in a capacity as a member of the staff of a medical or
public or private institution, agency or facility, that
person immediately shall notify either the person in charge
of the institution, agency or facility or a designated
agent who then shall cause a report to be made. The staff
also may make a report directly to the department.
A. When acting in a professional capacity:
(1) An allopathic or osteopathic physician,
resident or intern;
(2) An emergency medical services person;
(3) A medical examiner;
(4) A physician's assistant;
(5) A dentist;
(6) A dental hygienist;
(7) A dental assistant;
(8) A chiropractor;
(9) A podiatrist;
(10) A registered or licensed practical nurse;
(11) A teacher;
(12) A guidance counselor;
(13) A school official;
(14) A youth camp administrator or counselor;
(15) A social worker;
(16) A court-appointed special advocate or
guardian ad litem for the child;
(17) A homemaker;
(18) A home health aide;
(19) A medical or social service worker;
(20) A psychologist;
(21) Child care personnel;
(22) A mental health professional;
(23) A law enforcement official;
(24) A state or municipal fire inspector;
(25) A municipal code enforcement official;
(26) A commercial film and photographic print
processor;
(27) A clergy member acquiring the information
as a result of clerical professional work except for
information received during confidential communications;
(28) A chair of a professional licensing
board that has jurisdiction over mandated reporters;
(29) A humane agent employed by the Department
of Agriculture, Food and Rural Resources;
(30) A sexual assault counselor;
(31) A family or domestic violence victim
advocate; and
(32) A school bus driver or school bus attendant;
B. Any person who has assumed full, intermittent
or occasional responsibility for the care or custody
of the child, regardless of whether the person receives
compensation; and
C. Any person affiliated with a church or religious
institution who serves in an administrative capacity
or has otherwise assumed a position of trust or responsibility
to the members of that church or religious institution,
while acting in that capacity, regardless of whether
the person receives compensation.
1-A. Permitted reporters. An animal control officer,
as defined in Title 7, section 3907, subsection 4, may
report to the department when that person knows or has
reasonable cause to suspect that a child has been or is
likely to be abused or neglected.
2. Required report to district attorney. When,
while acting in a professional capacity, any person required
to report under this section knows or has reasonable cause
to suspect that a child has been abused or neglected by
a person not responsible for the child or that a suspicious
child death has been caused by a person not responsible
for the child, the person immediately shall report or
cause a report to be made to the appropriate district
attorney's office.
3. Optional report. Any person may make a report
if that person knows or has reasonable cause to suspect
that a child has been or is likely to be abused or neglected
or that there has been a suspicious child death.
4. Mental health treatment. When a licensed mental
health professional is required to report under subsection
1 and the knowledge or reasonable cause to suspect that
a child has been or is likely to be abused or neglected
or that a suspicious child death has occurred comes from
treatment of a person responsible for the abuse, neglect
or death, the licensed mental health professional shall
report to the department in accordance with subsection
1 and under the following conditions.
A. The department shall consult with the licensed
mental health professional who has made the report and
shall attempt to reach agreement with the mental health
professional as to how the report is to be pursued.
If agreement is not reached, the licensed mental health
professional may request a meeting under paragraph B.
B. Upon the request of the licensed mental health
professional who has made the report, after the department
has completed its investigation of the report under
section 4021 or has received a preliminary protection
order under section 4034 and when the department plans
to initiate or has initiated a jeopardy order under
section 4035 or plans to refer or has referred the report
to law enforcement officials, the department shall convene
at least one meeting of the licensed mental health professional
who made the report, at least one representative from
the department, a licensed mental health professional
with expertise in child abuse or neglect and a representative
of the district attorney's office having jurisdiction
over the report, unless that office indicates that prosecution
is unlikely.
C. The persons meeting under paragraph B shall
make recommendations regarding treatment and prosecution
of the person responsible for the abuse, neglect or
death. The persons making the recommendations shall
take into account the nature, extent and severity of
abuse or neglect, the safety of the child and the community
and needs of the child and other family members for
treatment of the effects of the abuse or neglect and
the willingness of the person responsible for the abuse,
neglect or death to engage in treatment. The persons
making the recommendations may review or revise these
recommendations at their discretion.
The intent of this subsection is to encourage offenders
to seek and effectively utilize treatment and, at the
same time, provide any necessary protection and treatment
for the child and other family members.
5. Photographs of visible trauma. Whenever a person
is required to report as a staff member of a law enforcement
agency or a hospital, that person shall make reasonable
efforts to take, or cause to be taken, color photographs
of any areas of trauma visible on a child.
A. The taking of photographs must be done with
minimal trauma to the child and in a manner consistent
with professional standards. The parent's or custodian's
consent to the taking of photographs is not required.
B. Photographs must be made available to the
department as soon as possible. The department shall
pay the reasonable costs of the photographs from funds
appropriated for child welfare services.
C. The person shall notify the department as
soon as possible if that person is unable to take, or
cause to be taken, these photographs.
D. Designated agents of the department may take
photographs of any subject matter when necessary and
relevant to an investigation of a report of suspected
abuse or neglect or to subsequent child protection proceedings.
6. Permissive reporting of animal cruelty,
abuse or neglect. Notwithstanding any other provision
of state law imposing a duty of confidentiality, a person
listed in subsection 1 may report a reasonable suspicion
of animal cruelty, abuse or neglect to the local animal
control officer or to the animal welfare program of the
Department of Agriculture, Food and Rural Resources established
pursuant to Title 7, section 3902. For purposes of this
subsection, the reporter shall disclose only such limited
confidential information as is necessary for the local animal
control officer or animal welfare program employee to identify
the animal's location and status and the owner's name and
address. For purposes of this subsection, " cruelty, abuse
or neglect" has the same meaning as provided in Title 34-B,
section 1901, subsection 1, paragraph B. A reporter under
this subsection may assert immunity from civil and criminal
liability under Title 34-B, chapter 1, subchapter 6.
Title 22. Health and Welfare
Subtitle 3. Income Supplementation
Part 3. Children
Chapter 1071. Child and Family Services
and Child Protection Act
Subchapter 2. Reporting of Abuse or
Neglect
§ 4015. Privileged or confidential
communications
The husband-wife and physician and psychotherapist-patient
privileges under the Maine Rules of Evidence and the confidential
quality of communication under Title 16, section 53-B;
Title 20-A, sections 4008 and 6001, to the extent allowed
by applicable federal law; Title 24-A, section 4224; Title
32, sections 1092-A and 7005; and Title 34-B, section
1207, are abrogated in relation to required reporting,
cooperating with the department or a guardian ad litem
in an investigation or other child protective activity
or giving evidence in a child protection proceeding. Information
released to the department pursuant to this section must
be kept confidential and may not be disclosed by the department
except as provided in section 4008.
Statements made to a licensed mental
health professional in the course of counseling, therapy
or evaluation where the privilege is abrogated under this
section may not be used against the client in a criminal
proceeding. Nothing in this section may limit any responsibilities
of the professional pursuant to this Act.
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