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![handle is hein.sag/sagme2022 and id is 1 raw text is: REGIONAL OFFICES
84 1.ARIow Si. 2ND FLOOR
BANGOR, MAINE 04401
TEL: (207) 941-3070
FAx: (207) 941-3075
AARON M. FREY
ATTORNEY GENERAL 125 PRESUMPSCOT ST., SUITE 26
PORTLAND, MAINE 04103
TEL: (207) 822-0260
FAX: (207) 822-0259
STATL of MAINE
OFFICE OF TH E A]TORNEY GENERAL 14 ACCESS HIGHWAY, STE, 1
TEL: (207) 626-8800 6 STATE HCAR , MAINE 04736
TTY USERS CALL MAINE RELAY 711 TUGSTA, HAINE 04333-O T 6L: (207) 496-3792
AUG~USTA, MAIE 04333-0006 FAx: (207) 496-3291
June 15, 2022
Director Todd Landry
Office of Child and Family Services
Department of Health and Human Services
Dear Director Landry:
You have requested my advice on whether confidential records and information relating to the
Department of Health and Human Services' (DHHS) child welfare services may be directly
released to the Government Oversight Committee (GOC). My view is that the law allows release
to GOC's investigative arm, the Office of Program Evaluation and Government Accountability
(OPEGA), but not to GOC directly. While GOC directs OPEGA, the two entities are discrete.'
Federal law permits states to pass laws enabling entities or classes of individuals authorized by
the State to receive confidential child protective information. 2 Maine enacted Title 22, Section
4008, which lists circumstances where discretionary and mandatory disclosures may be made by
DHHS. As Chief Deputy Attorney General Chris Taub said before the GOC on May 18, 2022, the
closest that statutory authority comes to empowering legislators to receive confidential child
protective information is 22 M.R.S. §4008(3)(D). It is my view that Title 22, Section 4008(3)(D),
in concert with 42 U.S.C. §671(a)(8)(D), should be read to allow the disclosure of confidential
records and information by DHHS, under appropriate limitations and measures, for an audit or
similar activity. Those provisions should then be construed with OPEGA's enabling statutes under
Title 3.
The statutory framework for OPEGA allows DHHS to disclose confidential information for
purposes of program evaluation. Title 3, Section 997(4), states: Upon request of the office3 and
consistent with conditions and procedures set forth in this section, state agencies and other entities
subject to program evaluation must provide the office access to information that is privileged or
confidential as defined by Title 1, chapter 13, which governs public records or proceedings. To
the extent that information is confidential pursuant to state statute, Title 3, Section 997(4) is a clear
expression of legislative intent that OPEGA staff are to be given access to that information,
13 M.R.S. §991 et seq.
2 The Child Abuse Prevention and Treatment Act (CAPTA), 42 U.S.C. §5106a (b)(2)(B)(viii)(VI).
3 This is defined as the OPEGA office at 22 M.R.S. §992(3).](ViewImageLocal?handle=hein.sag/sagme2022&div=1&collection=&method=preview&ext=.png&size=3)