§4021. Investigations §4021. Investigations 1. Subpoenas and

MRS Title 22, §4021. INVESTIGATIONS

Generated

03.11.2024

§4021. Investigations

| 1

§4021. Investigations

1. Subpoenas and obtaining criminal history. The commissioner, the commissioner's delegate

or the legal counsel for the department may:

A. Issue subpoenas requiring persons to disclose or provide to the department information or

records in their possession that are necessary and relevant to an investigation of a report of

suspected abuse or neglect or suspicious child death, to a subsequent child protection proceeding

or to a panel appointed by the department to review child deaths and serious injuries.

(1) The department may apply to the District Court to enforce a subpoena.

(2) A person who complies with a subpoena is immune from civil or criminal liability that

might otherwise result from the act of turning over or providing information or records to the

department; and [PL 2007, c. 586, §14 (AMD).]

B. Obtain confidential criminal history record information and other criminal history record

information under Title 16, chapter 7 that the commissioner, the commissioner's delegate or the

legal counsel for the department considers relevant to an abuse or neglect case or the investigation

of a suspicious child death. [PL 2013, c. 267, Pt. B, §19 (AMD).]

[RR 2021, c. 2, Pt. B, §186 (COR).]

2. Confidentiality. Information or records obtained by subpoena shall be treated in accordance

with section 4008.

[PL 1979, c. 733, §18 (NEW).]

3. Interviewing the child without prior notification. The department may interview a child

without prior notification under the following provisions.

A. The department may interview a child without prior notification to the parent or custodian when

the department has reasonable grounds to believe that prior notice would increase the threat of

serious harm to the child or another person. The department may conduct one initial interview with

a child without prior notification to the parent or custodian of the child when the child contacts the

department or a person providing services puts the child into contact with the department. [PL

1989, c. 270, §7 (AMD).]

B. The interview may take place at a school, hospital, police station or other place where the child

is present. [PL 1981, c. 369, §10 (NEW).]

C. Upon the request of a department employee, school officials shall permit the department to meet

with and interview the child when the child is present at the school.

(1) School officials may require that the department employee requesting to interview the child

provide a written certification that in the department's judgment the interview is necessary to

carry out the department's duties under this chapter.

(2) The department caseworker shall discuss the circumstances of the interview and any

relevant information regarding the alleged abuse or neglect with the child's teacher or guidance

counselor or the school's nurse, social worker or principal, as the caseworker determines is

necessary for the provision of any needed emotional support to the child prior to and following

the interview.

(3) In order for the department to be able to conduct interviews in a manner consistent with

good forensic practice, except as provided in subparagraph (1), school officials may not place

any conditions on the department’s ability to conduct the interview. Without limiting the

generality of this subparagraph, school officials are specifically prohibited from:

(a) Requiring that certain persons be present during the interview;

MRS Title 22, §4021. INVESTIGATIONS

2 |

§4021. Investigations

Generated

03.11.2024

(b) Prohibiting certain persons from being present during the interview; and

(4) School officials shall provide an appropriate, quiet and private place for the interview to

occur.

(5) That the department intends to interview the child is confidential information and may not

be disclosed to any person except those school officials, including an attorney for the school,

who need the information to comply with the provisions of this paragraph.

(6) School personnel who assist the department in making the child available for the interview

or who otherwise comply with this paragraph are "participating in a related child protection

investigation or proceeding" for purposes of section 4014.

Violation of this paragraph subjects any person involved in the violation, including individual

school personnel, to the penalty provided in section 4009. This section does not apply to out-of-

home abuse and neglect allegations as covered under subchapter 18. [PL 2023, c. 248, §3

(AMD).]

[PL 2023, c. 248, §3 (AMD).]

4. Audio recording of planned interviews of children. To the extent possible, the department

shall audio record all planned questioning of and planned interviews with children. No later than

February 1, 2003, the commissioner shall provisionally adopt rules in accordance with Title 5, chapter

375 to establish procedures for the audio recording of planned questioning of and planned interviews

with children. Rules adopted pursuant to this subsection are major substantive rules as defined in Title

5, chapter 375, subchapter II‑A and must be reviewed before final approval by the joint standing

committee of the Legislature having jurisdiction over judiciary matters.

Information collected in an interview that was not audio recorded may not be excluded from use in

court proceedings solely because the interview was not audio recorded.

[PL 2001, c. 696, §23 (NEW).]

5. Right to record. A person being questioned or interviewed under this chapter or the parent of

a child who is the subject of a proceeding under this chapter may not be prohibited from audio recording

the questioning or interview.

[PL 2001, c. 696, §23 (NEW).]

SECTION HISTORY

PL 1979, c. 733, §18 (NEW). PL 1981, c. 369, §10 (AMD). PL 1989, c. 270, §7 (AMD). PL

1993, c. 294, §5 (AMD). PL 2001, c. 696, §23 (AMD). PL 2007, c. 132, §1 (AMD). PL 2007,

c. 586, §§14, 15 (AMD). PL 2013, c. 267, Pt. B, §19 (AMD). PL 2015, c. 283, §1 (AMD). RR

2021, c. 2, Pt. B, §186 (COR). PL 2023, c. 248, §3 (AMD).

The State of Maine claims a copyright in its codified statutes. If you intend to republish this material, we require that you include

the following disclaimer in your publication:

All copyrights and other rights to statutory text are reserved by the State of Maine. The text included in this publication reflects

changes made through the First Regular and First Special Session of the 131st Maine Legislature and is current through November

1, 2023. The text is subject to change without notice. It is a version that has not been officially certified by the Secretary of State.

Refer to the Maine Revised Statutes Annotated and supplements for certified text.

The Office of the Revisor of Statutes also requests that you send us one copy of any statutory publication you may produce. Our

goal is not to restrict publishing activity, but to keep track of who is publishing what, to identify any needless duplication and to

preserve the State's copyright rights.

PLEASE NOTE: The Revisor's Office cannot perform research for or provide legal advice or interpretation of Maine law to the

public. If you need legal assistance, please contact a qualified attorney.