APPROVED CHAPTER
MARCH 6, 2024 518
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
S.P. 888 - L.D. 2095
An Act to Require Reporting of Child Abuse and Neglect to Military Family
Advocacy Programs
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the State can assist the United States Department of Defense in its mission
to protect children of military families from abuse or neglect by identifying as military
personnel a person alleged to have committed abuse or neglect of a child and reporting the
allegation to a military family advocacy program when an investigation has been initiated;
and
Whereas, this legislation needs to take effect before the expiration of the 90-day
period so the Department of Health and Human Services can immediately begin negotiating
memoranda of understanding with military family advocacy programs at military
installations in the State with respect to child abuse and neglect investigations; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §4004, sub-§2, ¶F, as amended by PL 2007, c. 586, §8, is further
amended to read:
F. File a petition under section 4032 if, after investigation, the department determines
that a child is in immediate risk of serious harm or in jeopardy as defined in this chapter;
and
Sec. 2. 22 MRSA §4004, sub-§2, ¶G, as enacted by PL 2007, c. 586, §9, is
amended by amending subparagraph (2) to read:
(2) The degree of threatened harm to any other child for whom the person or
persons responsible for the deceased child may be responsible now or in the future.;
and
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 Sec. 3. 22 MRSA §4004, sub-§2, ¶H is enacted to read:
H. If an allegation of abuse or neglect against a parent or legal guardian of the child is
investigated, collect information concerning the military status of the parent or legal
guardian who is the subject of the allegation and share information about the allegation
with the appropriate military authorities.
Sec. 4. 22 MRSA §4008-A, sub-§6 is enacted to read:
6. Military family advocacy program. Notwithstanding any provision of law to the
contrary, the department shall negotiate a memorandum of understanding with the military
family advocacy program at a military installation, as defined in Title 20-A, section 20102,
subsection 11, with respect to child abuse and neglect investigations. The memorandum
of understanding must establish procedures and protocols for:
A. Identifying as military personnel a parent or legal guardian alleged to have
committed abuse or neglect of a child;
B. Reporting to a military family advocacy program when a child abuse and neglect
investigation implicating military personnel has been initiated; and
C. Maintaining confidentiality requirements under state and federal law.
For the purposes of this subsection, "military family advocacy program" means the
program established by the United States Department of Defense and provided at a military
installation to address child abuse and neglect in military families.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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Statutes affected:
Bill Text LD 2095, SP 888: 22.4004
Bill Text ACTPUB , Chapter 518: 22.4004