Maine Revised Statutes Title 22 Sec. 3474 – Records; confidentiality, disclosure
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1. Confidentiality of adult protective records. All department records which contain personally identifying information and are created or obtained in connection with the department’s adult protective activities and activities related to an adult while under the jurisdiction of the department are confidential and subject to release only under the conditions of subsections 2 and 3. Within the department, the records shall be available only to and used by authorized departmental personnel and legal counsel for the department in carrying out their functions.
[PL 1981, c. 527, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 3474
- Abuse: includes acts and omissions. See Maine Revised Statutes Title 22 Sec. 3472
- Adult: means any person who has attained 18 years of age or who is a legally emancipated minor. See Maine Revised Statutes Title 22 Sec. 3472
- Caretaker: means any individual or institution who has or assumes the responsibility for the care of an adult. See Maine Revised Statutes Title 22 Sec. 3472
- Commissioner: means the Commissioner of Health and Human Services or a designated representative in the geographical area in which the person resides or is present. See Maine Revised Statutes Title 22 Sec. 3472
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Dependent: A person dependent for support upon another.
- Dependent adult: includes , but is not limited to, any of the following:
A. See Maine Revised Statutes Title 22 Sec. 3472Exploitation: means the illegal or improper use of an incapacitated or dependent adult or that adult's resources for another's profit or advantage. See Maine Revised Statutes Title 22 Sec. 3472 Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Neglect: means a threat to an adult's health or welfare by physical or mental injury or impairment, deprivation of essential needs or lack of protection from these. See Maine Revised Statutes Title 22 Sec. 3472 Oversight: Committee review of the activities of a Federal agency or program. Probable cause: A reasonable ground for belief that the offender violated a specific law. Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Statute: A law passed by a legislature. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Optional disclosure of records. The department may disclose relevant information in the records to the following persons, with protection for the identity of reporters and other persons when appropriate:
A. An agency responsible for investigating a report of adult abuse, neglect or exploitation when the investigation is authorized by statute or by an agreement with the department; [PL 2003, c. 653, §6 (AMD).]
B. An advocacy agency conducting an investigation under chapter 961, United States Public Law 88-164, Title I, Part C or United States Public Law 99-319, except as provided in subsection 3, paragraph D; [PL 1989, c. 7, Pt. N, §1 (AMD).]
C. A physician treating an incapacitated or dependent adult who the physician reasonably suspects may be abused, neglected or exploited; [PL 2003, c. 653, §6 (AMD).]
D. The caretaker, guardian or conservator of an incapacitated or dependent adult named in a record who is reported to be abused, neglected or exploited; [PL 2023, c. 151, §2 (AMD).]
E. A person having the legal responsibility or authorization to care for, evaluate, treat or supervise an incapacitated or dependent adult; [PL 1987, c. 714, §3 (AMD).]
F. 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 the commissioner’s designee gives prior approval. If the researcher desires to contact a subject of a record, the subject’s consent must be obtained by the department prior to the contact; [PL 1989, c. 858, §6 (AMD).]
G. Persons and organizations pursuant to Title 5, section 9057, subsection 6, and pursuant to chapter 857; [PL 2003, c. 653, §6 (AMD).]
H. A relative by blood, marriage or adoption of an incapacitated or dependent adult named in a record; [PL 2007, c. 140, §1 (AMD).]
I. A member of a panel appointed by the department or the Office of the Attorney General to review the death or serious injury of an incapacitated or dependent adult or a child; [PL 2017, c. 55, §1 (AMD).]
J. The local animal control officer or the animal welfare program of the Department of Agriculture, Conservation and Forestry established pursuant to Title 7, section 3902 when there is a reasonable suspicion of animal cruelty, abuse or neglect. For purposes of this paragraph, “cruelty, abuse or neglect” has the same meaning as provided in Title 34?B, section 1901, subsection 1, paragraph B; and [PL 2017, c. 55, §2 (AMD).]
K. The personal representative of the estate of an incapacitated or dependent adult who dies while under public guardianship or public conservatorship. [PL 2017, c. 55, §3 (NEW).]
[PL 2023, c. 151, §2 (AMD).]
3. Mandatory disclosure of records. The department shall disclose relevant information in the records to the following persons:
A. The guardian ad litem of an incapacitated or dependent adult named in a record who is reported to be abused, neglected or exploited; [PL 1981, c. 527, §2 (NEW).]
B. A court on its finding that access to those records may be necessary for the determination of any issue before the court. Access must be limited to in camera inspection unless the court determines that disclosure of the information is necessary for the resolution of an issue pending before it; [PL 2003, c. 653, §7 (AMD).]
C. A grand jury on its determination that access to those records is necessary in the conduct of its official business; [PL 2021, c. 686, §1 (AMD).]
D. An advocacy agency conducting an investigation under chapter 961, United States Public Law 88-164, Title I, Part C or United States Public Law 99-319, regarding a developmentally disabled person or mentally ill person who is or who, within the last 90 days, was residing in a facility rendering care or treatment, when a complaint has been received by the agency or there is probable cause to believe that that individual has been subject to abuse or neglect, and that person does not have a legal guardian or the person is under public guardianship. The determination of which information and records are relevant to the investigation is made by agreement between the department and the agency; [PL 2023, c. 151, §3 (AMD).]
E. The Maine Developmental Services Oversight and Advisory Board established in Title 5, section 12004?J, subsection 15. Access is limited to aggregate data regarding investigations under this chapter relating to persons receiving adult developmental services as defined in Title 34?B, section 1001, subsection 1?A. Data must be provided at least quarterly. The determination of aggregate data to be provided is made by agreement between the department and the Maine Developmental Services Oversight and Advisory Board; and [PL 2023, c. 151, §4 (AMD).]
F. The adult who is the subject of the record and the adult’s attorney, with protection for identity of reporters and other persons when appropriate. Nothing in this paragraph requires the department to disclose information to a guardian or conservator of the adult who is the subject of the record. [PL 2023, c. 151, §5 (NEW).]
[PL 2023, c. 151, §§3-5 (AMD).]
SECTION HISTORY
PL 1981, c. 527, §2 (NEW). PL 1985, c. 644, §§1-3 (AMD). PL 1987, c. 714, §§3,4 (AMD). PL 1989, c. 7, §§N1,N2 (AMD). PL 1989, c. 858, §§6-10 (AMD). RR 1991, c. 2, §§80,81 (COR). PL 2003, c. 653, §§6,7 (AMD). PL 2007, c. 140, §§1-3 (AMD). PL 2011, c. 657, Pt. W, §5 (REV). PL 2017, c. 55, §§1-3 (AMD). PL 2021, c. 686, §§1-3 (AMD). PL 2023, c. 151, §§2-5 (AMD).