A sign above the main entrance to the Maine State House in Augusta. (Jim Neuger/Maine Morning Star)
At its first meeting of the 132nd Maine Legislature, the Government Oversight Committee discussed how accessing confidential information is paramount to its mission.
Even before the committee laid out its rules and other orientation matters, members went into a closed-door session to discuss the recent court decision denying the committee access to confidential information pertaining to the state’s embattled child welfare system.
During the private discussion, the committee met with its attorney, Joshua Dunlap with Pierce Atwood LLP in Portland, about next steps. The committee said it plans to continue its work looking into the state’s child welfare agency and spent time Friday publicly discussing the importance of finding ways to access confidential records and information in doing that work.
In August 2022, the committee asked the Maine Department of Health and Human Services, which houses the Office of Child and Family Services, to view records relating to the 2021 deaths of four children. The department denied the committee access, citing confidentiality laws.
After that denial, the committee filed an action in the Kennebec County Superior Court urging the department to comply with its subpoena. The court denied the committee’s request, ruling that it did not have the authority to access the confidential records.
The committee appealed the decision to the Maine Supreme Judicial Court, which held a hearing in December 2023 before ruling in line with the lower court decision. The decision, released last month, states that the oversight committee does not have the authority to view the records, nor does the exception that allows a “legislative official with responsibility for child protection services” to view the records apply in this case.
After the meeting with the attorney, Senate chair Craig Hickman (D-Kennebec) said the committee is aware that its litigation has ended and there would need to be statute changes to access such confidential records in the future.
“If this committee, now or in the future, should have access to any privileged records, it needs to be clarified in statute,” Hickman said. “So, by 4 o’clock today, any member of the Legislature is free to file a bill seeking to do or not do just that.”
However, Hickman already filed a bill seeking to make those changes earlier in the week. His proposal, LD 127, seeks to allow the Government Oversight Committee access to “privileged and confidential” records while keeping them exempt from public disclosure. The bill was filed as an emergency measure, meaning it would take effect immediately upon approval, rather than having to wait the typical 90 days after the Legislature adjourns.
Former lawmakers, who helped found and served on the committee, also spoke at the meeting Friday morning about the importance of being able to access information for the committee’s accountability work.
“This committee is built on confidential information that other committees can’t have,” said former Democratic Sen. Bill Diamond, who has long championed child welfare reform and founded a nonprofit dedicated to the issue.
As a bipartisan watchdog, former Republican Sen. David Trahan said it is the committee’s job to fix state programs when they “go bad.”
But having complete information is crucial, he added. “How can you fix a problem if you don’t know the facts that led to that problem?”
Continuing the work on child welfare
For years, the committee has evaluated the Office of Child and Family Services, which is responsible for the more than 2,500 children who are in state custody.
Last session, the committee reviewed the case of Jaden Harding, who died when he was six weeks old after his family was involved with the system for years, and heard from frontline workers who spoke of strenuous work conditions, among other agency issues.
Last May, the committee suggested more than two dozen reforms for the child welfare system.
During the meeting Friday, the committee received an update on the state of Maine’s system through the 2024 annual report from Child Welfare Ombudsman Christine Alberi.
According to her report, the agency has implemented some changes under the new leadership of Director Bobbi Johnson, but it noted that improvement takes time and there continue to be struggles, particularly with initial investigations and the reunification of families.
Last summer and fall, Johnson reported fewer vacancies for caseworkers and case aides, highlighting a number of incentives that she believed are improving retention. There were also reports of improved support for foster families and the agency contracted with a second child abuse pediatrician for increased capacity for consultations.
“The work of improvement is difficult and will not happen overnight, but currently appears to be started on the right path,” Alberi wrote in her report.
But in the meantime, she said, caseworkers and other frontline staff are still working “under enormous pressure” from technology issues, a shortage of defense attorneys and a lack of mental and behavioral health resources.
Alberi also noted that finding a safe place for children who have been removed from their families is a drain on caseworkers. Often, those workers are left supervising those children in hospitals or hotel rooms. This was a key issue 145 caseworkers raised in a letter of no confidence in leadership they signed last month.
In its response to the ombudsman report, OCFS again outlined specific changes it has made and agreed with the assessment that workforce shortages continue to challenge the system.
A federal audit released in November found that most abuse and neglect investigations in 2021 and 2022 in the state failed to comply with best practice. Johnson said if the same review were completed under the changes she’s implemented, it would produce better results.
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