130th MAINE LEGISLATURE
FIRST REGULAR SESSION-2021
Legislative Document No. 632
S.P. 246 In Senate, March 3, 2021
An Act To Facilitate the Conversion of Children's Private
Nonmedical Institutions to Qualified Residential Treatment
Programs as Required by Federal Law
Received by the Secretary of the Senate on March 1, 2021. Referred to the Committee on
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator CLAXTON of Androscoggin.
Printed on recycled paper
 1 Be it enacted by the People of the State of Maine as follows:
2 Sec. 1. 22 MRSA §4002, sub-§6-B is enacted to read:
3 6-B. Qualified professional. "Qualified professional" means a qualified individual
4 as defined in the federal Bipartisan Budget Act of 2018, Public Law 115-123, Division E,
5 Title VII (2018), known as the Family First Prevention Services Act.
6 Sec. 2. 22 MRSA §4002, sub-§6-C is enacted to read:
7 6-C. Qualified residential treatment program. "Qualified residential treatment
8 program" means a program within a licensed children's residential care facility as defined
9 in section 8101, subsection 4 that provides continuous 24-hour care and supportive services
10 to children in a residential nonfamily home setting that:
11 A. Uses a trauma-informed treatment model that is designed to address the clinical and
12 other needs of children with serious emotional and behavioral disorders or
13 disturbances;
14 B. Implements a specific treatment recommended in a needs assessment completed by
15 a qualified professional;
16 C. Employs registered or licensed nursing staff and other licensed clinical staff who
17 are:
18 (1) On site according to the treatment model used pursuant to paragraph A and
19 during business hours; and
20 (2) Available 7 days a week on a 24-hour basis;
21 D. Appropriately facilitates outreach to family members and integrates those family
22 members into the treatment of children;
23 E. Provides discharge planning for children;
24 F. Is licensed by the department in accordance with the United States Social Security
25 Act, Section 471(a)(10); and
26 G. Is accredited by an independent nonprofit organization approved by the department.
27 Sec. 3. 22 MRSA §4061, sub-§1, as amended by PL 1983, c. 354, §6, is further
28 amended to read:
29 1. Department. The department shall care for a child ordered into its custody in
30 licensed or approved family foster homes, in other residential child care facilities, including
31 a qualified residential treatment program, or in other living arrangements as appropriate to
32 meet the child's individual needs.
33 Sec. 4. 22 MRSA §4066, sub-§6, as enacted by PL 1997, c. 322, §1, is amended to
34 read:
35 6. Out-of-state placement. The number of children in the care and custody of the
36 department placed out-of-state for hospitalization and residential care and the costs for
37 each; and
38 Sec. 5. 22 MRSA §4066, sub-§6-A is enacted to read:
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 1 6-A. Compliance with federal law. An assessment of the State's compliance with
2 the federal Bipartisan Budget Act of 2018, Public Law 115-123, Division E, Title VII
3 (2018), known as the Family First Prevention Services Act; and
4 Sec. 6. Department of Health and Human Services to develop a plan for
5 compliance with federal law. The Department of Health and Human Services shall
6 develop a plan for conversion of children's private nonmedical institutions to qualified
7 residential treatment programs so that the State complies with the requirements of the
8 federal Bipartisan Budget Act of 2018, Public Law 115-123, Division E, Title VII (2018),
9 known as the Family First Prevention Services Act. The department shall establish the
10 requirements, timelines and estimated costs for children's private nonmedical institutions
11 licensed on the effective date of this Act to convert to qualified residential treatment
12 programs. The department shall establish a method of providing financial resources to
13 children's private nonmedical institutions to pay for the costs of conversion. The plan must
14 include how those resources will be acquired, including, but not limited to, requests to the
15 Legislature for appropriation, grant funding and reallocating resources within the
16 department.
17 Sec. 7. Waiver authorization. If the Department of Health and Human Services
18 is unable to meet the deadlines required by the federal Bipartisan Budget Act of 2018,
19 Public Law 115-123, Division E, Title VII (2018), known as the Family First Prevention
20 Services Act, the department is authorized to apply for any waivers or extensions necessary
21 from the United States Department of Health and Human Services.
22 SUMMARY
23 This bill requires the Department of Health and Human Services to develop a plan for
24 converting children's private nonmedical institutions to qualified residential treatment
25 programs as required by the federal Family First Prevention Services Act. The department
26 must establish requirements, timelines and costs for the children's private nonmedical
27 institutions for converting to qualified residential treatment programs. It also requires the
28 department to establish a method of providing financial resources to those institutions for
29 converting. The bill also adds definitions for "qualified professional" and "qualified
30 residential treatment program" in the Child and Family Services and Child Protection Act
31 and requires the annual report to the Legislature submitted pursuant to that Act to include
32 an assessment of compliance with the federal Family First Prevention Services Act.
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Statutes affected:
Bill Text LD 632, SP 246: 22.4061, 22.4066