An Act to Establish an Independent Office of the Child Advocate

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
H.P. 1264 - L.D. 1893
An Act to Establish an Independent Office of the Child Advocate
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 2 MRSA §6, sub-§5, as amended by PL 2019, c. 343, Pt. OOO, §1, is further
amended to read:
5. Range 86. The salaries of the following state officials and employees are within
salary range 86:
State Archivist;
Director, Division of Land Use Planning, Permitting and Compliance;
Chair, Maine Unemployment Insurance Commission;
Child Welfare Services Ombudsman Advocate; and
Director of the Maine Drug Enforcement Agency.
Sec. 2. 5 MRSA §12004-G, sub-§5-B is enacted to read:
5-B.
Children's Services Advisory Committee to the
Child Advocate
Not Authorized 5 MRSA c. 641

Sec. 3. 5 MRSA Pt. 32 is enacted to read:
PART 32
CHILD ADVOCATE
CHAPTER 641
OFFICE OF THE CHILD ADVOCATE
APPROVED
APRIL 16, 2026
BY GOVERNOR
CHAPTER
724
PUBLIC LAW
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§26201. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms
have the following meanings.
1. Advisory committee. "Advisory committee" means the Advisory Committee to
the Child Advocate under section 26209.
2. Child. "Child" means a person who is under 18 years of age who is in the custody
of or receiving services from or arranged through a state agency, or is qualified to receive
such services, or in the past 3 years has been in such custody or received such services.
“Child” also means a person who is under 18 years of age and is in custody or detention in
any Department of Corrections juvenile correctional facility.
3. Child Advocate. "Child Advocate" means the individual appointed by the
Governor and confirmed by the Legislature pursuant to section 26204 to serve as the
administrator of the Office of the Child Advocate and to perform all other duties as assigned
in this chapter.
4. Office. "Office" means the Office of the Child Advocate established in section
26202.
5. Oversight. "Oversight" means reviewing, monitoring and recommending changes
to a state agency's implementation of laws and rules and all contracted programs, providers,
services and activities of that state agency as well as that state agency's policies, procedures
and practices.
6. Record. "Record" means information created, received, possessed or controlled by
or on behalf of a state agency.
7. Safety science. "Safety science" means the systematic application of evidence-
based methods of incident review that recognize human error not as cause, but consequence
and symptom of conditions of the system in which decisions are made. A process grounded
in safety science takes into account all the influencing factors on decision making to
determine the adequacy of the infrastructure that supports decisions and influences
outcomes.
8. Services. "Services" means residential or home and community-based children's
behavioral health services or child welfare services provided directly by the Department of
Health and Human Services or indirectly through a private provider or services provided
by the Department of Corrections in a secure facility for children involved in the juvenile
justice system. "Services" does not include standard juvenile correctional security
practices.
9. State agency. "State agency" means a department, bureau or office of the State,
including any public or private child service agency providing services under contract or
agreement with a state agency to a child.
§26202. Office of the Child Advocate established; fund
1. Office established; purposes. The Office of the Child Advocate is established as
an independent agency to provide independent oversight of state agencies and promote the
best interests of children and ensure that children receive timely, safe and effective services
in accordance with state and federal law. The office, notwithstanding any provision of law
to the contrary, shall operate with full independence from any state official or state agency.
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The office is established within the Department of Administrative and Financial Services
for administrative purposes only.
2. Fund. A fund is established within the Department of Administrative and Financial
Services to support the operation of the office. Any unexpended balance remaining in the
fund at the end of the fiscal year does not lapse and must be carried forward to the next
fiscal year.
§26203. Powers and duties of office
1. Complaints. The office shall review complaints and determine if the office
considers it necessary to:
A. Investigate the actions of a state agency and make recommendations to address
concerns;
B. Identify whether a complaint raises a systemic issue that must be addressed and
make recommendations to a state agency that is implicated; and
C. Make recommendations to a state agency related to specific complaints.
2. Case-specific reviews. The office may complete a case-specific review on the
receipt of a complaint or on the office's own initiative. When coordinating a case-specific
review, the office shall coordinate efforts with the state agencies involved to minimize the
impact and trauma to the child, family and department personnel involved.
A. In a child welfare case, if there is a pending criminal investigation or prosecution
in state or federal court identified prior to or during a case-specific review, the office
may consult with the Attorney General before proceeding with the review. The
consultation with the Attorney General does not halt or delay the case-specific review.
B. If a review requires the office to interview a child receiving services from the
Department of Health and Human Services, the office shall consult with the Attorney
General. An interview must be conducted using trauma-informed and developmentally
sensitive interview techniques.
C. If a review requires the office to interview a child in the custody of the Department
of Corrections, the prosecuting attorney, the defense attorney for the child and the
Attorney General must all agree to the interview, including any specific terms of the
interview. An interview must be conducted using trauma-informed and
developmentally sensitive interview techniques.
3. Systems-wide or periodic review; recommendations. The office may complete
systems-wide or periodic review of policies, programs, rules, procedures or services
offered to children and provide recommendations to address systemic concerns in order to
improve the quality of care in order to provide children with the opportunity to live full and
productive lives.
4. Consultation. The Child Advocate shall regularly consult with state agencies and
the advisory committee and participate in conferences, meetings and studies aimed at
improving the performance of state agencies.
5. Information and referral services. The office shall provide information and
referral assistance to families and the public to assist families and the public in navigating
and accessing services available through state agencies and to promote the child's best
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interest. The provision of information under this subsection does not constitute legal
representation of a child or parent. A family may seek and must receive information
regardless of whether the family is represented by legal counsel. The information must be
provided free of charge. Failure to provide information under this subsection does not
create a cause of action or have any effect on a child protective proceeding.
6. Outreach and advocacy. The office shall perform educational outreach and
advocacy initiatives as part of the mission and responsibilities of the office and in
coordination with other relevant advocacy organizations. The office shall provide
information through a toll-free telephone number and a publicly accessible website.
§26204. Child Advocate; term; appointment; removal
1. Appointment. The Governor shall appoint the Child Advocate to supervise the
office, serve as the office's administrator and perform all other duties as assigned by this
chapter. The appointment must be made on the recommendation of the advisory committee
from the list provided pursuant to section 26209, subsection 4, paragraph A and is subject
to review by the joint standing committee of the Legislature having jurisdiction over health
and human services matters and to confirmation by the Legislature. No later than 8 weeks
after receiving the list of candidates from the advisory committee, the Governor shall
designate a candidate for Child Advocate from among those recommended by the advisory
committee and submit the appointment for approval by the Legislature. If a candidate
withdraws from consideration prior to approval by the Legislature, the Governor shall
designate another candidate from among the remaining candidates recommended by the
advisory committee to the Governor. If the Governor fails to designate a candidate within
8 weeks after receiving the recommendations of the advisory committee, the candidate
ranked first by the advisory committee is deemed appointed and submitted for approval by
the Legislature. The position of Child Advocate is a full-time, unclassified position.
2. Term. The Child Advocate serves a term of 5 years and until a successor is
appointed and approved. A vacancy in the position of Child Advocate must be filled in the
same manner as the original appointment was made for the remainder of the unexpired
term. The Child Advocate's term may be renewed as described in subsection 3.
3. Reappointment. The advisory committee may recommend reappointment of the
Child Advocate by providing notice to the Governor. If the Governor does not respond to
the recommendation for reappointment within 8 weeks after receiving the recommendation
from the advisory committee, the Child Advocate's reappointment must be referred to the
Legislature for approval.
4. Qualifications. A person appointed to the position of Child Advocate must be
selected without regard to political affiliation and on the basis of integrity and demonstrated
ability and must possess a professional graduate degree in law, health care, public health,
social work or a related field and be qualified by education, experience and expertise to
perform the duties of the position. The appointee must have knowledge of safety science
and juvenile correctional practices or be willing to undergo training as determined by
industry standards for safety science-based system and juvenile correctional practices.
5. Removal. The Child Advocate may be removed from office for cause by the
Governor with approval by a 2/3 vote of the Senate. As used in this subsection, "cause"
includes, but is not limited to, substantial neglect of duty, gross misconduct or conviction
of a crime. The cause for removal of the Child Advocate must be stated in writing, and
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that document must be sent to the Secretary of the Senate and the Clerk of the House of
Representatives and is a public document.
6. Associate Child Advocate hire; other personnel. The Child Advocate shall hire
an Associate Child Advocate, who must meet the same qualifications required of the Child
Advocate as specified in subsection 4. The Child Advocate may, subject to available
appropriations, hire such other personnel as the Child Advocate considers necessary for the
efficient management of the office. The duties of the personnel must be performed under
the supervision of the Child Advocate. If a vacancy occurs in the position of Child
Advocate and until such time as a candidate has been appointed by the Governor and
approved by the Legislature, the Associate Child Advocate shall serve as the acting Child
Advocate and is entitled to the compensation and privileges of and exercises the powers of
the Child Advocate.
§26205. Access to personnel, files, records and facilities; confidentiality
When necessary to fulfill its duties as described in this chapter, the office has access to
files, records, personnel and facilities as described in this section.
1. Access to Department of Health and Human Services and certain facilities and
residential programs. Access by the office to the Department of Health and Human
Services and facilities and residential programs serving children is governed by this
subsection.
A. The office has access, for which a fee may not be imposed, to files and records of
the Department of Health and Human Services and to the personnel of the department
for the purposes of an investigation of a complaint or for a case-specific review. The
office may also enter the premises of the department for the purposes of investigation
of a complaint or case-specific review without prior notice.
B. The office may visit facilities and residential programs serving children.
C. Information obtained by the office under this subsection is confidential. Disclosure
may be made as allowed or required in accordance with the provisions of Title 22,
section 4008, subsections 2 and 3. Unlawful dissemination is subject to the provisions
of Title 22, section 4008, subsection 4.
2. Access to Department of Corrections. Access by the office to the Department of
Corrections is governed by this subsection.
A. The Child Advocate has access, for which a fee may not be imposed, to information
regarding juveniles, subject to the limitations specified in Title 34-A, section 1216,
held by the Department of Corrections, except that juvenile intelligence and
investigative record information remains subject to Title 15, section 3308-A and
personnel records remain subject to section 7070. The Child Advocate may also enter
the premises of the department for the purposes of investigation of an inquiry or
complaint without prior notice as long as such entry does not create a safety and
security concern.
B. Information obtained under this subsection is confidential. Disclosure may be made
as allowed under Title 34-A, section 1216 and Title 15, section 3308-A. Unlawful
dissemination is subject to the provisions of Title 34-A, section 1216, subsection 3.
§26206. Confidentiality of records
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1. Confidentiality; disclosure. A record held by or created by the office is
confidential and may be disclosed only as described in subsection 2 and section 26205.
2. Disclosure of investigation findings. Notwithstanding any provision of law to the
contrary, if the Child Advocate determines that the health, safety or welfare of a child is at
risk, the office may disclose to the relevant entity only those details of investigation
findings necessary to address the issue, subject to the following limitations.
A. The name, address or other identifying information of an individual who is the
subject of a confidential proceeding or that is subject to a statutory confidentiality
provision may not be released by the relevant entity to the public.
B. Unless agreed to by the Department of Health and Human Services, the Department
of Corrections and the Office of the Attorney General, investigation findings may not
be released by the relevant entity if there is a pending child protection action, a pending
criminal investigation, a pending prosecution or a pending proceeding under the Maine
Juvenile Code.
3. Exception to archive laws. Notwithstanding section 95-C, subsection 1, paragraph
C, any records held by or created by the Child Advocate must remain confidential until the
relevant records have been in existence for 100 years.
§26207. Notification of child death
The Department of Health and Human Services shall notify the Child Advocate of a
death of a child if:
1. Child welfare involvement. The child was involved with child welfare services at
any time; or
2. Abuse or neglect. The fatality is suspected of being the result of abuse or neglect
as defined in Title 22, section 4002, subsection 1.
Notification under this section must occur within 48 hours of a determination by the
department that this section applies to the child death. The notification may be provided
by oral or electronic communication.
§26208. Reporting and oversight
1. Annual report. Beginning in 2028, the Child Advocate shall report annually by
January 15th to the Governor, the joint standing committee of the Legislature having
jurisdiction over health and human services matters, the joint standing committee of the
Legislature having jurisdiction over juvenile justice matters and the advisory committee on
the activities of the office. The report must include an account of complaints received,
case-specific reviews conducted, systems-wide recommendations, information and referral
services, outreach and advocacy and any obstacles to carrying out the requirements of the
office. The report is a public record.
2. Oversight. The joint standing committee of the Legislature having jurisdiction over
health and human services matters shall review the operations of the office and may make
recommendations to the Governor regarding the operations and administration of the
office. The joint standing committee may report out legislation related to the annual report
under subsection 1.
§26209. Advisory Committee to the Child Advocate
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1. Membership. The Advisory Committee to the Child Advocate, as established in
section 12004-G, subsection 5-B, consists of the following members:
A. A member of the Senate appointed by the President of the Senate;
B. A member of the House of Representatives appointed by the Speaker of the House;
C. Two members with lived experience with children's services administered by a state
agency, including child protection, juvenile justice and developmental or educational
services, as a child or family member, one of whom is appointed by the President of
the Senate and one of whom is appointed by the Speaker of the House;
D. One member with expertise in special education appointed by the President of the
Senate;
E. One member with expertise in mental health and substance use disorder treatment
appointed by the Speaker of the House;
F. One member with expertise in juvenile justice systems and restorative justice
appointed by the President of the Senate;
G. One member with policy expertise in children's behavioral health services or child
welfare appointed by the Speaker of the House;
H. One member representing the Maine Chapter of the American Academy of
Pediatrics or a successor organization appointed by the Governor;
I. One member with expertise in standards that apply in juvenile correctional facilities
appointed by the Governor; and
J. A member of the public appointed by the Governor.
The advisory committee members shall elect a chair at the beginning of each calendar year.
The chair may be reelected by the advisory committee.
2. Designees. A member of the advisory committee may appoint a designee to
represent the member on the advisory committee. A designee, once appointed, qualifies as
a full voting member of the advisory committee with all the rights and privileges of full
membership on the advisory committee.
3. Terms of members. Legislative members of the advisory committee serve a term
coterminous with their term in office. All other members serve 3-year terms. Members
may be reappointed. Any vacancy on the advisory committee must be filled in the same
manner as the original appointment, but for the unexpired term.
4. Duties. The advisory committee shall:
A. Recommend at least 3 qualified candidates to the Governor, ranked in order by
qualifications, for appointment to the position of Child Advocate, except that, at the
conclusion of the Child Advocate's 5-year term and upon receipt of a request from the
Child Advocate to be considered for reappointment, the advisory committee shall
determine whether to recommend reappointment;
B. Evaluate the Child Advocate's performance as determined necessary based on
feedback received related to the Child Advocate;
C. Annually recommend whether the Child Advocate should receive a cost-of-living
increase, salary increase or both in accordance with performance evaluations and
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request that the Governor include the necessary appropriation in the next biennial or
supplemental budget;
D. Advise the Child Advocate on the strategic direction of the office and its mission
and help promote the use of, engagement in and access to the office;
E. Work cooperatively with the Child Advocate to provide fiscal oversight of the
general operating budget of the office and ensure that the office operates in compliance
with the provisions of this chapter and state and federal laws relating to children's
services; and
F. Provide consultation to the office in its effort to promote an effective,
comprehensive and coordinated system of services and programs for children and
families.
5. Quorum; meetings. Six members of the advisory committee constitute a quorum
for a meeting. The advisory committee may meet as often as necessary but no less than 3
times a year.
§26210. Rules
The office shall adopt rules to carry out this chapter. The rules must include, but are
not limited to, procedures and processes related to the complaint system, case-specific
reviews and coordination with other entities with overlapping jurisdiction and during co-
occurring investigations or reviews, including state agencies; child advocacy centers
established pursuant to Title 22, section 4019; the child death and serious injury review
panel established pursuant to Title 22, section 4004, subsection 1, paragraph E; and
criminal justice agencies as defined in Title 16, section 803, subsection 4 with
responsibility for juvenile justice records collected pursuant to Title 15, sections 3308-A
and 3308-B. Rules adopted pursuant to this section are routine technical rules as defined
in chapter 375, subchapter 2-A.
Sec. 4. 18-C MRSA §5-127, sub-§4, as enacted by PL 2017, c. 402, Pt. A, §2 and
affected by PL 2019, c. 417, Pt. B, §14, is amended by amending the first blocked paragraph
to read:
The organization shall maintain records on the training and background checks of agents,
including the content and dates of training and full transcripts of background checks, for a
period of not less than 5 years after the minor attains 18 years of age. The organization
shall make the records available to a parent or guardian executing a power of attorney under
this section and to the ombudsman Office of the Child Advocate under Title 22 5, section
4087‑A chapter 641 and any local, state or federal authority conducting an investigation
involving the agent, the parent or guardian or the minor.
Sec. 5. 22 MRSA §4004, sub-§1, ¶E, as amended by PL 2023, c. 261, §1, is further
amended to read:
E. Establishing a child death and serious injury review panel for reviewing deaths and
serious injuries to children. The panel consists of the following members: the Chief
Medical Examiner, a pediatrician, a public health nurse, forensic and community
mental health clinicians, law enforcement officers, departmental child welfare staff,
district attorneys, criminal or civil assistant attorneys general and the ombudsman
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pursuant to section 4087‑A Child Advocate or a designee of the ombudsman Child
Advocate.
The purpose of the panel is to recommend to state and local agencies methods of
improving the child protection system, including modifications of statutes, rules,
policies and procedures. Beginning January 1, 2023 and every 2 years thereafter, the
department shall submit a report to the joint standing committee of the Legislature
having jurisdiction over health and human services matters.
The panel shall submit a report to the joint standing committee of the Legislature
having jurisdiction over health and human services matters at least every 3 months.
The panel may submit a combined report with the child welfare advisory panel
established in section 4010‑D or any judicial branch task force or panel with a focus
on the child welfare system or child protective proceedings. Any presentation of the
report to the committee must be presented by the citizen members of the panels to the
extent possible. Each quarterly report must contain, at a minimum, the following:
(1) A summary of generalized and anonymized observations in the prior 3-month
period regarding efforts by the Office of Child and Family Services to improve the
child welfare system;
(2) A summary of the collaboration between the child welfare advisory panel and
the child death and serious injury review panel as well as any judicial branch task
force or panel with a focus on the child welfare system or child protective
proceedings; and
(3) Any recommendations on how to further protect the State's children through
department policy and rulemaking and through legislation;
Sec. 6. 22 MRSA c. 1071, sub-c. 10-A, as amended, is repealed.
Sec. 7. Funds transferred. Notwithstanding the Maine Revised Statutes, Title 5,
sections 1585 and 1586, all accrued expenditures, assets, liabilities, balances or allocations,
transfers, revenues or other available funds in any account or subdivision of an account of
the Department of Health and Human Services or the Executive Department and authorized
for use by the child welfare services ombudsman program under Title 22, section 4087-A
must be reallocated to the Department of Administrative and Financial Services, Office of
the Child Advocate under Title 5, chapter 641 on October 1, 2026.
Sec. 8. Personnel transfer. As of October 1, 2026, 3 personnel from the child
welfare services ombudsman program employed under the contract on the effective date of
this Act are transferred to the Office of the Child Advocate at their existing budgeted
compensation until such time as the Legislature has confirmed the Child Advocate. As
authorized by the Maine Revised Statutes, Title 5, section 26204, subsection 6, the Child
Advocate confirmed by the Legislature shall hire an Associate Child Advocate and any
staff necessary for the efficient management of the Office of the Child Advocate. The
Child Advocate may hire any of the staff transferred to the office during the interim period.
All personnel employed by the Office of the Child Advocate are state employees with all
the rights and privileges of state employees.
Sec. 9. Interim Child Advocate. The Governor shall appoint an interim Child
Advocate no later than October 1, 2026 to serve until a Child Advocate is appointed
according to the Maine Revised Statutes, Title 5, chapter 641, giving preference to the child
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welfare services ombudsman contracted under Title 22, section 4087-A. The Governor
shall appoint a Child Advocate no later than July 15, 2027.
Sec. 10. Implementation resource needs assessment. Prior to the Governor's
appointment of the Child Advocate, the interim Child Advocate shall prepare an in-depth
report of resource needs, including but not limited to staffing, equipment, travel,
consultancies, access to records and any other requirements for implementing the
requirements of the Maine Revised Statutes, Title 5, chapter 641. The report must be
submitted to the joint standing committee of the Legislature having jurisdiction over health
and human services matters no later than February 15, 2027. The joint standing committee
may report out legislation to the 133rd Legislature in 2027 to make any necessary
adjustments to the Office of the Child Advocate related to the report.
Sec. 11. Appointments to Advisory Committee to the Child Advocate.
Appointments to the Advisory Committee to the Child Advocate, as established in the
Maine Revised Statutes, Title 5, section 26209, must be made by the relevant appointing
authorities no later than March 15, 2027. Notwithstanding Title 5, section 26209,
subsection 3, the members initially appointed pursuant to Title 5, section 26209, subsection
1, paragraphs D, E and J serve for a one-year term and the members initially appointed
pursuant to Title 5, section 26209, subsection 1, paragraphs C and H serve for a 2-year
term.
Sec. 12. Appropriations and allocations. The following appropriations and
allocations are made.
ADMINISTRATIVE AND FINANCIAL SERVICES, DEPARTMENT OF
Office of the Child Advocate N580
Initiative: Establishes one Public Service Coordinator II position and 2 Public Service
Coordinator I positions in the Office of the Child Advocate, beginning October 1, 2026.
GENERAL FUND 2025-26 2026-27
POSITIONS - LEGISLATIVE COUNT 0.000 3.000
Personal Services $0 $324,220
All Other $0 $16,326
__________ __________
GENERAL FUND TOTAL $0 $340,546
Office of the Child Advocate N580
Initiative: Provides one-time funding for office needs, staffing needs, contracting services
and training during the transition into the Office of the Child Advocate.
GENERAL FUND 2025-26 2026-27
All Other $0 $100,000
__________ __________
GENERAL FUND TOTAL $0 $100,000
Office of the Child Advocate N580
Initiative: Establishes one Public Service Coordinator I position and one Office Associate
II position, beginning April 1, 2027.
GENERAL FUND 2025-26 2026-27
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POSITIONS - LEGISLATIVE COUNT 0.000 2.000
Personal Services $0 $55,204
All Other $0 $3,628
__________ __________
GENERAL FUND TOTAL $0 $58,832

ADMINISTRATIVE AND FINANCIAL
SERVICES, DEPARTMENT OF

DEPARTMENT TOTALS 2025-26 2026-27

GENERAL FUND $0 $499,378
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $0 $499,378
EXECUTIVE DEPARTMENT
Ombudsman Program 0103
Initiative: Deappropriates and deallocates funding from the contract for the child welfare
ombudsman program to be transferred over to the new Office of the Child Advocate,
effective October 1, 2026.
GENERAL FUND 2025-26 2026-27
All Other $0 ($241,539)
__________ __________
GENERAL FUND TOTAL $0 ($241,539)

FEDERAL EXPENDITURES FUND 2025-26 2026-27
All Other $0 ($37,150)
__________ __________
FEDERAL EXPENDITURES FUND TOTAL $0 ($37,150)

EXECUTIVE DEPARTMENT
DEPARTMENT TOTALS 2025-26 2026-27

GENERAL FUND $0 ($241,539)
FEDERAL EXPENDITURES FUND $0 ($37,150)
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $0 ($278,689)
LEGISLATURE
Legislature 0081
Initiative: Appropriates funds for the costs of Legislators participating on the Advisory
Committee to the Child Advocate.
GENERAL FUND 2025-26 2026-27
Personal Services $0 $330
All Other $0 $720
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__________ __________
GENERAL FUND TOTAL $0 $1,050

LEGISLATURE
DEPARTMENT TOTALS 2025-26 2026-27

GENERAL FUND $0 $1,050
__________ __________
DEPARTMENT TOTAL - ALL FUNDS $0 $1,050

SECTION TOTALS 2025-26 2026-27

GENERAL FUND $0 $258,889
FEDERAL EXPENDITURES FUND $0 ($37,150)
__________ __________
SECTION TOTAL - ALL FUNDS $0 $221,739
Sec. 13. Effective date. This Act takes effect October 1, 2026.