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132nd MAINE LEGISLATURE
FIRST SPECIAL SESSION-2025
Legislative Document No. 1922
H.P. 1283 House of Representatives, May 6, 2025
An Act to Support Workforce Development for Families That Were
Involved in Child Protective Activities by Requiring the Sealing of
Certain Records
(EMERGENCY)
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MEYER of Eliot.
Page 1 - 132LR1124(01)
1Emergency preamble. Whereas, acts and resolves of the Legislature do not
2 become effective until 90 days after adjournment unless enacted as emergencies; and
3Whereas, this legislation needs to take effect before the expiration of the 90-day
4 period in order to alleviate barriers to employment as soon as possible by requiring the
5 sealing of certain records; and
6Whereas, in the judgment of the Legislature, these facts create an emergency within
7 the meaning of the Constitution of Maine and require the following legislation as
8 immediately necessary for the preservation of the public peace, health and safety; now,
9 therefore,
10Be it enacted by the People of the State of Maine as follows:
11Sec. 1. 22 MRSA §4008-B is enacted to read:
12§4008-B. Sealing reports
131. Definitions. As used in this section, unless the context otherwise indicates, the
14 following terms have the following meanings.
15 A. "Sealing records" means sealing records so that the records are rendered
16 inaccessible to the public but are retained by the department for internal use, such as
17 compliance with legal obligations, future child protective investigations or other
18 legitimate governmental purposes.
19 B. "Serious physical injury" includes, but is not limited to:
20 (1) Broken bones or fractures;
21 (2) Adult-sized human bites;
22 (3) Cases involving children who have been tortured, tied or confined;
23 (4) Suspicious burns or head injuries or significant injuries with an implausible
24 explanation; or
25 (5) A physical injury that:
26 (a) Creates a substantial risk of death;
27 (b) Causes serious and protracted impairment of health; or
28 (c) Causes protracted loss or impairment of the function of a bodily organ and
29 requires surgical procedures.
302. Sealing of child protection records. The following provisions govern the sealing
31 of child protection records.
32 A. The department shall seal the records of an unsubstantiated or indicated report
33 immediately upon such classification by the department. The records of an
34 unsubstantiated or indicated report remain sealed unless a subsequent substantiated or
35 indicated report involving the individual identified as responsible or possibly
36 responsible for the alleged abuse or neglect is recorded during the one-year period after
37 the records were sealed.
38 B. The department shall seal the records of a substantiated report:
Page 2 - 132LR1124(01)
1 (1) If the child was not removed from the child's home by the department, 3 years
2 after the date the report was entered, as long as a subsequent substantiated or
3 indicated report involving the individual identified as responsible for the abuse or
4 neglect has not been recorded during that 3-year period; or
5 (2) If the child was removed from the child's home by the department, 3 years
6 from the date the child was removed in a case in which a court made a finding that
7 the child was abused or neglected or 5 years from the date the substantiated report
8 was entered, whichever occurs first, as long as a subsequent substantiated or
9 indicated report involving the individual identified as responsible for the abuse or
10 neglect has not been recorded.
11 C. If, during the time a prior substantiated or indicated report is recorded, a subsequent
12 substantiated or indicated report involving the same individual is entered, the records
13 of the prior report may not be sealed until the records of the subsequent report are
14 eligible for sealing under this section.
15 D. Notwithstanding any other provision of this section or any other provision of law
16 to the contrary, the records of a substantiated report involving the following may not
17 be sealed:
18 (1) A child fatality;
19 (2) Sexual abuse;
20 (3) Sex trafficking; or
21 (4) Serious physical injury.
22Emergency clause. In view of the emergency cited in the preamble, this legislation
23 takes effect when approved.
24SUMMARY
25 This bill requires the Department of Health and Human Services to seal certain child
26 protection records, subject to certain exceptions. Sealing means the records are rendered
27 inaccessible to the public but are retained by the department for internal use, such as
28 compliance with legal obligations, future child protective investigations or other legitimate
29 governmental purposes.
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