An Act to Exclude Poverty as a Factor When Determining Instances of Willful Neglect or Abuse of a Child

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132nd MAINE LEGISLATURE
FIRST REGULAR SESSION-2025
Legislative Document No. 891
S.P. 379 In Senate, March 4, 2025
An Act to Exclude Poverty as a Factor When Determining Instances
of Willful Neglect or Abuse of a Child
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator HICKMAN of Kennebec.
Cosponsored by Representative JAVNER of Chester and
Senators: BAILEY of York, DUSON of Cumberland, MOORE of Washington,
Representatives: DRINKWATER of Milford, ROEDER of Bangor.

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1Be it enacted by the People of the State of Maine as follows:
2Sec. 1. 22 MRSA §4002, sub-§1, as amended by PL 2021, c. 176, §1, is further
3 amended to read:
41. Abuse or neglect. "Abuse or neglect" means a direct and identifiable threat to a
5 child's health or welfare by physical, mental or emotional injury or impairment, sexual
6 abuse or exploitation including under Title 17‑A, sections 282, 852, 853 and 855 or willful
7 deprivation of essential needs, or lack of protection from these, by a person responsible for
8 the child, for reasons other than poverty. "Abuse or neglect" also means truancy under
9 Title 20‑A, section 3272, subsection 2, paragraph C or section 5051‑A, subsection 1,
10 paragraph C or D when truancy is the result of neglect by a person responsible for the child.
11 "Abuse or neglect" also means a threat to a child's health or welfare caused by child sex
12 trafficking by any person, regardless of whether or not the person is responsible for the
13 child.
14Sec. 2. 22 MRSA §4002, sub-§1-B, ¶A-1, as enacted by PL 2001, c. 696, §11, is
15 amended to read:
16 A-1. The parent refused for 6 months to comply with treatment required in a
17 reunification plan with regard to the child for reasons other than poverty.
18Sec. 3. 22 MRSA §4002, sub-§6, as corrected by RR 2021, c. 2, Pt. B, §178, is
19 amended to read:
206. Jeopardy to health or welfare or jeopardy. "Jeopardy to health or welfare" or
21 "jeopardy" means serious abuse or neglect, for reasons other than poverty, as evidenced
22 by:
23 A. Serious harm or threat of serious harm;
24 B. Deprivation Willful deprivation of adequate food, clothing, shelter, supervision or
25 care for reasons other than poverty;
26 B-1. Deprivation Willful deprivation of necessary health care when the deprivation
27 places the child in danger of serious harm for reasons other than poverty;
28 B-2. Truancy under Title 20‑A, section 3272, subsection 2, paragraph C or section
295051‑A, subsection 1, paragraph C or D;
30 C. Abandonment of the child or absence of any person responsible for the child, which
31 creates a threat of serious harm; or
32 D. The end of voluntary placement, when the imminent return of the child to the child's
33 custodian causes a threat of serious harm.
34Sec. 4. 22 MRSA §4002, sub-§10, as amended by PL 1985, c. 739, §3, is further
35 amended to read:
3610. Serious harm. "Serious harm" means:
37 A. Serious, nonaccidental injury;
38 B. Serious mental or emotional injury or impairment which now or in the future that
39 is likely to be evidenced by serious mental, behavioral or personality disorder,
40 including severe anxiety, depression or withdrawal, untoward aggressive behavior,
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41 seriously delayed development or similar serious dysfunctional behavior, as diagnosed
42 by a qualified medical provider, and that is the direct result of abuse or willful neglect
43 for reasons other than poverty; or
4 C. Sexual abuse or exploitation.
5Sec. 5. 22 MRSA §4034, sub-§1, as amended by PL 2015, c. 501, §9, is further
6 amended to read:
71. Request. A petitioner may add to a child protection petition a request for a
8 preliminary protection order or may request a preliminary protection order separately from
9 the child protection petition. A request for a preliminary protection order must include a
10 sworn summary of facts to support the request and identify the specific services offered
11 and provided under section 4036‑B, subsection 3 to prevent the removal of the child from
12 the home, including the specific efforts made, the duration of those efforts and the outcome
13 of those efforts.
14Sec. 6. 22 MRSA §4036-B, sub-§3, ¶A, as enacted by PL 2003, c. 408, §1, is
15 amended to read:
16 A. Whether or not the department has made reasonable efforts to prevent the removal
17 of the child from home, including the specific efforts made, the duration of those efforts
18 and the outcome of those efforts; and
19SUMMARY
20 This bill amends certain definitions under the Child and Family Services and Child
21 Protection Act and excludes poverty as a factor in a determination of willful neglect or
22 abuse of a child. The bill also amends the laws governing preliminary protection order
23 requests and reasonable efforts to prevent the removal of a child from a home to require
24 the consideration of specific efforts made, the duration of those efforts and the outcome of
25 those efforts.
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