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Maine

Who is mandated to report?

Are all health clinicians mandated to report?

  • Yes.

Who else is a mandated reporter?

  • An allopathic or osteopathic physician, resident or intern
  • An emergency medical services person
  • A medical examiner
  • A physician’s assistant
  • A dentist
  • A dental hygienist
  • A dental assistant
  • A podiatrist
  • A registered or licensed practical nurse

For more information, refer to Mandatory Reporters of Child Abuse and Neglect at the Child Welfare Information Gateway.

When is the reporting duty triggered?

What is the standard?

  • A report is required when:
    • The person knows or has reasonable cause to suspect that a child is or is likely to be abused or neglected or that a suspicious death has occurred
    • When a child who is under 6 months of age or otherwise non-ambulatory exhibits evidence of the following:
      • Fracture of a bone
      • Substantial bruising or multiple bruises
      • Subdural hematoma
      • Burns
      • Poisoning
      • Injury resulting in substantial bleeding, soft tissue swelling, or impairment of an organ
    • A health-care provider involved in the delivery or care of an infant knows or has reasonable cause to suspect that the infant has been born affected by illegal substance abuse or is demonstrating withdrawal symptoms that have resulted from or have likely resulted from prenatal drug exposure that require medical monitoring or care beyond standard newborn care, whether the prenatal exposure was to legal or illegal drugs, or has fetal alcohol spectrum disorders.

For more information, refer to Mandatory Reporters of Child Abuse and Neglect at the Child Welfare Information Gateway.

What must be reported?

How does state law define child abuse and neglect for reporting purposes?

  • Mandated reporters must report abuse or neglect as defined by Maine statute 4002, Title 22 and legal guidance interpreting the statute.
    • "Abuse or neglect" means a threat to a child's health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation including under Title 17-A, sections 282, 852, 853 and 855, deprivation of essential needs or lack of protection from these or failure to ensure compliance with school attendance requirements under Title 20-A, section 3272, subsection 2, paragraph B or section 5051-A, subsection 1, paragraph C, by a person responsible for the child.

Are child molestation, sexual abuse, rape, statutory rape, incest, intimate partner violence, sexual exploitation and/or trafficking of a minor reportable as child abuse or neglect and if so, how are they defined and what is reportable?

Refer to Justia Law for the most current and complete definitions and for more information on what is reportable.

How to report:

What is the method of reporting?

  • A mandated reporter shall immediately report or cause a report to be made to the Department of Human Services when he or she knows or has reasonable cause to suspect that a child has been or is likely to be abused or neglected.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

What is the timeline in which to report?

  • Reports regarding abuse or neglect must be made immediately by telephone to the department and must be followed by a written report within 48 hours if requested by the department.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

To whom are reports made?

  • Mandated reporters must submit reports to the Department of Human Services. When, while acting in a professional capacity, a mandated reporter knows or has reasonable cause to suspect that a child has been abused or neglected by a person not responsible for the child, he or she immediately shall report or cause a report to be made to the appropriate district attorney's office.

For more information, refer to Making and Screening Reports of Child Abuse and Neglect at the Child Welfare Information Gateway.

State/County Hotline?

State of Maine Child and Family Services Child Abuse Hotline (staffed 24 hours a day)

  • 1-800-452-1999 (Voice)
  • 711 (TTY)

Confidentiality:

What federal confidentiality laws apply to health information collected during a Title X visit?

  • Title X regulations 42 CFR 59.11
  • HIPAA 45 CFR 164.502

Is there an exception in federal confidentiality law that allows a clinician to comply with mandatory child abuse reporting laws?

  • Yes.