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MaineLD 1893132nd Maine Legislature (2025-2026)House

An Act to Establish an Independent Office of the Child Advocate

Sponsored By: Lori Gramlich (Democratic)

Signed by Governor

CHILDREN AND FAMILIESCHILDREN AND FAMILIES - SOCIAL SERVICES

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Bill Overview

Analyzed Economic Effects

10 provisions identified: 10 benefits, 0 costs, 0 mixed.

Free service referrals for Maine families

Beginning October 1, 2026, the Child Advocate's office provides free information and referrals for children's state services. Families can get this help even when they already have a lawyer. The office must maintain a toll-free phone number and public website and conduct outreach with advocacy groups. This help is not legal representation. Failure to provide it does not create a right to sue or change a child-protection case.

More access to children's caregiver records

Beginning October 1, 2026, organizations must keep training and background-check records for agents acting under a parent's or guardian's power of attorney. This applies when the power of attorney concerns a minor. Records must be kept for at least five years after the child turns 18. The organization must make them available to the parent or guardian, Child Advocate, and authorities conducting relevant investigations.

Ombudsman workers gain state employee status

On October 1, 2026, three workers employed under the ombudsman program contract transfer to the Child Advocate's office. They keep their existing budgeted pay until the Legislature confirms the Child Advocate. Office personnel are state employees with state-employee rights and privileges. The confirmed advocate can hire transferred workers as part of the office's staff.

Faster notice for child death oversight

Beginning October 1, 2026, the health department must notify the Child Advocate about qualifying child deaths. Notice is due within 48 hours after the department determines that the requirement applies. It applies when the child had any child welfare involvement or abuse or neglect is suspected as the cause. Notice can be oral or electronic. The Child Advocate or a designee replaces the ombudsman on the child death and serious injury review panel. The panel must issue quarterly reports with observations and recommendations that do not identify children and coordinate with related panels.

Independent leadership for Maine's child advocacy

The Governor must appoint an interim Child Advocate by October 1, 2026, giving preference to the existing contracted ombudsman. The interim advocate serves until the regular appointment and must submit a detailed resource assessment by February 15, 2027. The permanent appointment is due by July 15, 2027, with legislative confirmation and a renewable five-year term. The advocate must be nonpartisan and hold a relevant professional graduate degree. Required knowledge includes safety science and juvenile correctional practices, with required training available to meet those requirements. Removal for cause requires the Governor's action, approval from two-thirds of the Senate, and a public explanation of the cause. The advocate must hire an equally qualified Associate, who leads during vacancies with the advocate's powers, pay, and privileges. Additional staff depend on available funding.

Independent oversight for children in state services

Beginning October 1, 2026, Maine creates an independent Office of the Child Advocate, replacing the child welfare ombudsman program. It covers children under 18 in state custody or receiving or qualifying for state services. It also covers children served or held in custody within the past three years, including children in juvenile facilities. Covered services include child welfare and children's behavioral health; standard juvenile correctional security practices are excluded. The office sits within the Department of Administrative and Financial Services for administrative purposes only. The former program's funds, assets, liabilities, and other available resources move to the new office on October 1, 2026.

Long privacy protection for children's records

Beginning October 1, 2026, Child Advocate records generally remain private until they have existed for 100 years. The office can disclose findings only as needed to address an identified risk to a child's health, safety, or welfare. Public releases must leave out protected identifying information. During pending child-protection, criminal, or juvenile proceedings, release generally requires agreement from the health department, corrections department, and Attorney General. Unlawful sharing is subject to applicable legal penalties.

New reviews of children's state services

Beginning October 1, 2026, the office must review complaints and decide whether to investigate or recommend action. It can review individual cases on its own and recommend changes after broader reviews of children's services. For investigations and case reviews, it gets free access to health department records and staff and can enter sites without notice. It can also access juvenile corrections information and enter corrections sites without notice, subject to record limits and safety concerns. Juvenile investigative records and personnel records remain subject to separate legal limits. Health department child interviews require consultation with the Attorney General. Corrections child interviews require agreement from the prosecutor, the child's defense lawyer, and the Attorney General. Interviews must account for trauma, and corrections interviews must also fit the child's stage of development. The office must coordinate reviews to reduce disruption and trauma and adopt rules for complaints, case reviews, and joint investigations. Consultation about a pending criminal case does not halt or delay a child welfare review.

Public oversight of Maine's Child Advocate

Beginning October 1, 2026, an 11-member committee advises and oversees the Child Advocate. It includes lawmakers, two people with lived experience, specialists in children's services, and a public member. Initial appointments are due March 15, 2027; nonlegislative members have staggered terms, normally lasting three years. Lawmakers serve for their legislative terms; the committee elects a chair yearly and meets at least three times annually. Six members are needed to conduct business. The committee recommends at least three advocate candidates and reviews performance, yearly pay recommendations, office plans, and finances. It considers reappointment after five years when the advocate requests it. Starting January 15, 2028, the advocate must issue a yearly public report on complaints, reviews, recommendations, referrals, outreach, and obstacles.

State funding launches child advocacy office

The law creates a dedicated operating fund; unused money carries into the next budget year. For 2026–27, it provides $340,546 for three positions starting October 1, 2026: one Coordinator II and two Coordinator I positions. That includes $324,220 for personnel and $16,326 for other costs. It also provides $100,000 once for office setup, staffing needs, contracts, and training. Two more positions start April 1, 2027: one Coordinator I and one Office Associate II. Their $58,832 funding includes $55,204 for personnel and $3,628 for other costs. Legislative committee participation gets $1,050: $330 for personnel and $720 for other costs. The transition removes $241,539 in General Fund funding and $37,150 in federal funding from the old ombudsman contract for transfer. The office's department receives $499,378 in General Fund appropriations; after the old contract reductions and legislative costs, the law reports a $258,889 net General Fund increase and a $37,150 federal decrease. The reported net total across funds is $221,739; this money funds state operations, not household payments.

Sponsors & Cosponsors

Sponsor

  • Lori Gramlich

    Democratic • House

Cosponsors

  • Adam LEE

    Affiliation unavailable

  • Amy Arata

    Republican • House

  • Cameron D. Reny

    Democratic • Senate

  • Daniel Sayre

    Democratic • House

  • Holly Stover

    Democratic • House

  • Kristi Mathieson

    Democratic • House

  • Michael Brennan

    Democratic • House

  • Nina Milliken

    Democratic • House

  • Richard A. Bennett

    Independent • Senate

Roll Call Votes

All Roll Calls

Yes: 183 • No: 0

Senate vote • 4/8/2026

ACCEPT REPORT

Yes: 35 • No: 0

House vote • 4/8/2026

acc otp-am report

Yes: 148 • No: 0

Actions Timeline

  1. Signed by Governor, ACTPUB Chapter 724

    4/16/2026

  2. On motion by Senator ROTUNDO of Androscoggin taken from the Special Appropriations Table Subsequently, PASSED TO BE ENACTED in concurrence.

    4/14/2026Senate

  3. On motion by Senator ROTUNDO of Androscoggin PLACED ON THE SPECIAL APPROPRIATIONS TABLE pending PASSED TO BE ENACTED, in concurrence.

    4/9/2026Senate

  4. PASSED TO BE ENACTED. Sent for concurrence. ORDERED SENT FORTHWITH.

    4/9/2026House

  5. Report READ and ACCEPTED in concurrence. Roll Call Ordered Roll Call Number 909 Yeas 35 - Nays 0 - Excused 0 - Absent 0 READ ONCE.Committee Amendment "A" (H-993) READ and ADOPTED, in concurrence.Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (H-993), in concurrence.Ordered sent down forthwith.

    4/8/2026Senate

  6. CONSENT CALENDAR - FIRST DAYOn OBJECTION of Representative MEYER of Eliot REMOVED.The Committee Report was READ and ACCEPTED.ROLL CALL NO. 758(Yeas 148 - Nays 0 - Absent 2 - Excused 0 - Vacant 1)The Bill was READ ONCE.Committee Amendment "A" (H-993) was READ and ADOPTED.Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-993) Sent for concurrence. ORDERED SENT FORTHWITH.

    4/8/2026House

  7. Carried over, in the same posture, to any special or regular session of the 132nd Legislature, pursuant to Joint Order SP 800.

    6/25/2025House

  8. Received by the Clerk of the House on May 1, 2025.The Bill was REFERRED to the Committee on HEALTH AND HUMAN SERVICES pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.

    5/1/2025House

Bill Text

  • Amendment C-A (H-993), adopted by House & Senate

    PDF

  • Enacted

    PDF

  • Introduced

    PDF

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