Maine § 4099-O. - Records; confidentiality; disclosure

§ 4099-O.. Records; confidentiality; disclosure

Notwithstanding section 4008, records that are made, acquired or retained by the department in connection with its responsibilities under this subchapter are subject to the provisions set out in section 7703 and the following provisions.   [PL 2023, c. 248, §4 (NEW).]

1.  Disclosure; reports of abuse or neglect.  The department may disclose, upon the conclusion of an investigation under this subchapter, a statement indicating whether or not a report of out-of-home abuse or neglect has been received, the nature of the alleged abuse or neglect and the conclusion reached by the investigation team.

2.  Notification of parent, guardian or custodian of child reported to be abused.  When a report is received of out-of-home abuse or neglect in a facility or program described in section 4099‑N, the investigation team may notify the child's parent, guardian or custodian that it has been reported that the child has been allegedly abused or neglected, whether an investigation is being conducted and, upon conclusion of the investigation, whether the investigation team determined that the allegations are supported or not supported.

3.  Notification of parents, guardians or custodians of other children in facility.  When a report is received of out-of-home abuse or neglect in a facility or program described in section 4099‑N, the investigation team, upon conclusion of the investigation, may notify a parent, guardian or custodian who has a child in the program or facility for whom there is no report of abuse or neglect whether the investigation team determined that a violation of law or rules adopted by the department has occurred.

4.  Disclosure to facility or program.  The investigation team shall notify a facility or program described in section 4099‑N when there is an indicated or substantiated finding of out-of-home abuse or neglect against an employee of the facility or program.

5.  Disclosure of investigation.  The department may publish information regarding an investigation conducted pursuant to this subchapter on the department's publicly accessible website upon the conclusion of an investigation in accordance with rules adopted by the department.

6.  Disclosure to schools.  The investigation team may notify the superintendent of a school administrative unit, the chief administrator of a public school not in a school administrative unit or the chief administrator of a private school when there is an indicated or substantiated finding of out-of-home abuse or neglect against an employee of that school administrative unit, public school not in a school administrative unit or private school. For the purposes of this subsection, "school administrative unit" has the same meaning as in Title 20‑A, section 1, subsection 26.