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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 22. HEALTH AND WELFARE
Chapter : Chapter 1661. GENERAL PROVISIONS
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Title 22 - §7701. Definitions
Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1661: GENERAL PROVISIONS
§7701. Definitions
1. Children. As used in this subtitle, the word "children" means persons who are not related by blood or marriage to, or who have not
been legally adopted by, the licensee or administrator of any facility, defined in section 8101, 8201 or 8301-A, that provides
services to these children.
[1997, c. 494, §4 (amd); §15 (aff).]
2. Facility. As used in this subtitle, the word "facility" means any of the places defined in section 8001, 8101, 8201 or 8301-A, subsection
1-A, paragraph B.
[2001, c. 645, §2 (amd).]
3. Abuse or neglect. For purposes of section 7703, "abuse or neglect," in the case of children refers to the definition found in section 4002,
subsection 1. In the case of adults, "abuse" and "neglect" refers to the definitions found in section 3472, subsections 1
and 11, and also incorporates exploitation, as defined in section 3472, subsection 9.
[1985, c. 437, §3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §7702-A. Violations; penalties
Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1661: GENERAL PROVISIONS
§7702-A. Violations; penalties
1. Criminal penalties. Except as otherwise provided by law, a person who violates any provision of this subtitle commits a Class E crime.
[1999, c. 363, §3 (new).]
2. Civil penalties. The following penalties apply to the following violations:
A. A person who violates section 7703 or 8603 or rules adopted pursuant to those sections commits a civil violation for which
a fine of not more than $500 may be adjudged.
[2003, c. 452, Pt. K, §27 (new); Pt. X, §2 (aff).]
B. A person who violates rules governing child-to-staff ratios adopted under section 8302-A, subsection 1, paragraph A or subsection
2, paragraph G commits a civil violation for which a fine of not more than $500 per incident or $500 per number of children
above the limitation set by rule, or both, may be adjudged.
[2003, c. 452, Pt. K, §27 (new); Pt. X, §2 (aff).]
[2003, c. 452, Pt. K, §27 (rpr); Pt. X, §2 (aff).]
3. Licensure provisions. A person who violates the following sections or rules adopted pursuant to those sections is subject to the sanctions provided
for under the rules of licensure applicable to the facility, day care center or home day care provider:
A. Section 7801, subsection 1, paragraph A;
[1999, c. 363, §3 (new).]
B. Section 8301-A; or
[1999, c. 363, §3 (new).]
C. Section 8302-A, subsection 1, paragraphs B to I and subsection 2, paragraphs A to F and H to J.
[1999, c. 363, §3 (new).]
[1999, c. 363, §3 (new).]
4. Dedicated funds. Fines and forfeitures adjudged under this section are payable to the Purchased Social Services Other Special Revenue account.
[1999, c. 363, §3 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §7702. Violation; penalty (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1661: GENERAL PROVISIONS
§7702. Violation; penalty (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §7703. Records; disclosure
Title 22: HEALTH AND WELFARE
Subtitle 6: FACILITIES FOR CHILDREN AND ADULTS
Chapter 1661: GENERAL PROVISIONS
§7703. Records; disclosure
1. Records. Except as otherwise provided by law and this section, any records that are made, acquired or retained by the department
in connection with its responsibilities under this subtitle shall be available to the public.
[1983, c. 691, §2 (new).]
2. Confidential information. Except as provided in subsections 3 and 4, confidential information may not be released without a court order or a written
release from the person about whom the confidential information has been requested. The following information is confidential:
A. Any information which identifies, directly or indirectly, a recipient of services of the facility, a client of the facility
or his family or custodian, except where the family member or custodian is an owner or operator of the facility;
[1983, c. 691, §2 (new).]
B. Notwithstanding sections 3474 and 4008, any information gathered in the course of an investigation of neglect or abuse,
except a statement indicating whether or not a report of abuse or neglect has been received, the nature of the alleged abuse
or neglect and the conclusion reached by the department, if any;
[1983, c. 691, §2 (new).]
C. Any information that identifies, directly or indirectly, a reference, complainant or reporter of suspected abuse or neglect;
[1983, c. 691, §2 (new).]
D. Any information pertaining to the adoption of an individual;
[1983, c. 691, §2 (new).]
E. Any information about the private life of any person, other than an owner, operator or employee of a facility, in which
there is no legitimate public interest and which would be offensive to a reasonable person, if disclosed, except as provided
in paragraph F; and
[1983, c. 691, §2 (new).]
F. Any information about the private life of any person who has applied for a license or approval or is or has been licensed
or approved as an adult foster home, licensed pursuant to chapter 1663, and family foster home as defined in section 8101,
subsection 3, in which there is no legitimate public interest and which would be offensive to a reasonable person, if disclosed.
[2001, c. 596, Pt. B, §11 (amd); §25 (aff).]
Within the department, confidential information shall be available to and used by appropriate departmental personnel and legal
counsel in carrying out their various functions. Nothing in this section may prevent the release of statistical information
regarding the population of the facility by diagnosis or other classification, provided that it does not directly or indirectly
identify the clients or recipients of services of the facility.
[2001, c. 596, Pt. B, §11 (amd); §25 (aff).]
3. Optional disclosure of confidential information. Relevant information made confidential by subsection 2 may be released to the following:
A. An agency investigating a report of child or adult abuse or neglect when the investigation is authorized by law or by an
agreement with the department;
[1983, c. 691, §2 (new).]
B. A physician treating a child or adult whom he reasonably suspects may be abused or neglected;
[1983, c. 691, §2 (new).]
C. A person, the parent or guardian of a minor, or the guardian of an incapacitated adult named in a record, provided that
the identity of any reference, complainant, reporter of suspected abuse or neglect or other person is protected when appropriate;
[1983, c. 691, §2 (new).]
D. A person having the legal responsibility or authorization to educate, care for, evaluate, treat or supervise a client or
recipient of services of the facility. This shall include a member of a treatment team or group convened to plan for or treat
a person named in a record, provided that the identity of any reference, complainant, reporter of suspected abuse or neglect
or other person is protected, when appropriate;
[1983, c. 691, §2 (new).]
E. Any person engaged in bona fide research, provided that no personally identifying information is made available, unless
it is essential to the research and the commissioner or his designee gives prior approval. If the researcher desires to contact
a subject of a record, the subject's consent shall be obtained by the department prior to the contact;
[1983, c. 691, §2 (new).]
F. Any agency involved in approving homes for the placement of children, provided that the identity of any reference, complainant,
reporter of suspected abuse or neglect or other person is protected, when appropriate;
[1983, c. 691, §2 (new).]
G. An individual seeking to place a child or adult in a particular facility with protection for the identity of any reference,
complainant, reporter of suspected abuse or neglect or other person, when appropriate;
[1987, c. 714, §8 (amd).]
H. An owner or operator of a facility which is the subject of a record, provided that the identity of any reference, complainant,
reporter of suspected abuse or neglect or other person is protected, when appropriate; or
[1987, c. 714, §8 (amd).]
I. Persons and organizations pursuant to Title 5, section 9057, subsection 6, and pursuant to chapter 857.
[1987, c. 714, §9 (new).]
[1987, c. 714, §§8, 9 (amd).]
4. Mandatory disclosure of confidential information. The department shall disclose relevant information in the records made confidential by subsection 2 to the following persons:
A. The guardian ad litem of a child or adult named in a record who is reported to be abused or neglected;
[1983, c. 691, §2 (new).]
B. A law enforcement agency investigating a report of child or adult abuse or neglect or the commission of a crime by an owner,
operator or employee of a facility against a client or recipient of services of the facility;
[1985, c. 437, §4 (amd).]
C. A court on its finding that access to those records may be necessary for the determination of any issue before the court.
Access shall be limited to in camera inspection, unless the court determines that public disclosure of the information is
necessary for the resolution of an issue pending before it;
[1983, c. 691, §2 (new).]
D. A grand jury on its determination that access to those records is necessary in the conduct of its official business;
[1983, c. 691, §2 (new).]
E. An appropriate state executive or legislative official with responsibility for adult or child protection services in carrying
out his official functions, provided that no personally identifying information may be made available unless necessary to
his functions;
[1983, c. 691, §2 (new).]
F. The Protection and Advocacy Agency for the Developmentally Disabled in Maine in connection with investigations conducted
in accordance with chapter 961. The determination of what information and records are relevant to the investigation shall
be made by agreement between the department and the agency; and
[1983, c. 691, §2 (new).]
G. The Commissioner of Education, when the information concerns teachers and other professional personnel issued certificates
under Title 20-A.
[1989, c. 700, Pt. A, §94 (amd).]
[1989, c. 700, Pt. A, §94 (amd).]
5. Dissemination of confidential information. Information released pursuant to subsections 3 and 4 shall be used solely for the purpose for which it was provided and
shall not be further disseminated.
[1983, c. 691, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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