Maine High Court Rules Lawmakers Can’t Access Child Protective Records
Maine’s Supreme Judicial Court decided that lawmakers cannot access confidential child protective records related to recent child deaths
Maine, Child Protective Services, Government Oversight Committee, Child Welfare, Legislation
Augusta: So, the Maine Supreme Judicial Court just made a big call. They said lawmakers can’t get their hands on certain child protective records. This is all tied to the tragic deaths of four kids back in 2021. The court ruled these records are confidential, which is a bummer for lawmakers trying to figure out what went wrong in the child protective system.
The court backed a previous ruling from a lower court, saying the Department of Health and Human Services doesn’t have to share these records. Lawmakers from the Government Oversight Committee had even sued to get them, but the court wasn’t having it.
The Department of Health and Human Services said they’re glad for the clarity from the court. They want to keep working with the Legislature to make the child welfare system better for kids and families in Maine.
But lawmakers are feeling a bit stuck. They think the court got it wrong and should be able to see these confidential records. They argue that without this info, it’s tough to do their job properly.
The court did say that while the professional staff can access the records, the elected lawmakers can’t. The staff does investigations and shares findings, but they often leave out the sensitive details.
Sen. Craig Hickman, who’s been leading the committee, mentioned he hasn’t had a chance to chat with his team about the ruling yet. He’s concerned that not being able to see these records really limits their ability to do their work, especially in such serious cases.
They were looking into the deaths of kids who had been in the state’s child protection system. Some of these cases are heartbreaking, like a baby who was shaken to death and another who died from fentanyl exposure.
Hickman is thinking about pushing for new legislation to allow the committee access to these records. He had tried this before, but it didn’t go anywhere in the last session.
All six justices agreed on this decision, but one justice felt the ruling might be too strict. He thinks there could still be a way for the committee to get these records in the future if they really need them.
This ruling comes at a time when there are serious concerns about how child protective services are running in Maine. A recent federal audit showed that a huge percentage of abuse investigations weren’t completed properly.
There’s also been some unrest among staff in the Office of Child and Family Services, with some expressing a lack of confidence in the director. The state is trying to improve things, including offering bonuses to attract and keep workers.
In the past few months, the state has also approved funds to support kids in custody and improve conditions for caseworkers. It’s a tough situation, and everyone’s hoping for some positive changes soon.