Connect with us

Maine

Gap in Maine’s mandated reporter law raises questions about accountability for missed reports • Maine Morning Star

Published

on

Gap in Maine’s mandated reporter law raises questions about accountability for missed reports • Maine Morning Star


Every year, the Maine Child Death and Serious Injury Review Panel sees multiple instances where unusual injuries in infants go unreported or appropriately acted upon. 

While a 2021 report from the panel explored the problem in-depth, it continues to be an issue, as was discussed at the most recent child welfare quarterly update with the Legislature’s Health and Human Services Committee. 

Maine has a mandated reporter law for situations like this. It requires professionals who are likely to come in contact with infants and other children to alert the appropriate authorities of potential abuse or neglect. However, there are gaps in the law that leave little to be done when those reports aren’t made — whether or not it’s intentional. 

Mark Moran, a licensed clinical social worker who chairs the panel, said he suspects cases go unreported because of a lack of awareness that Maine law requires those sorts of injuries to be reported even if abuse isn’t suspected. Often, the missed reports come to light because someone else makes a report later on. For example, an emergency room provider may fail to report an injury that a primary care doctor notices later during a follow up visit. 

Advertisement

As the panel’s most recent annual report notes, not every injured infant will end up a victim of abuse, but “every young child with a sentinel injury should receive a careful, multidisciplinary evaluation.”

While Moran said the intention behind the mandated reporter law is not to jump to conclusions and sever parental rights, research shows that children with certain injuries are at risk of more serious injuries or even worse outcomes. So, the goal is to identify those children early enough to prevent potential future harm. 

“We’re looking to identify what the problem is, fix the problem and put the family back together,” Moran said.

Maine’s mandated reporter law

Maine’s mandated reporter statute dates back to 1965. As it currently reads, certain professionals — doctors, dentists, teachers, social workers, law enforcement — are required to immediately report known or suspected abuse, neglect or suspicious deaths of children. 

When it was first adopted, the law outlined a $100 fine, up to six months in prison or both for failing to report. By 1977, the potential penalty increased to a $500 fine and was changed from a misdemeanor to a civil violation without the chance of prison time, according to a review of the law’s history. 

Advertisement

The potential penalty for failing to make a mandated report in today’s law is still a civil violation of up to $500. It reads: “A person who knowingly violates a provision of this chapter commits a civil violation for which a forfeiture of not more than $500 may be adjudged.”

GET THE MORNING HEADLINES.

Advertisement

It is not clear how much underreporting is occurring in the state because “if nobody reports it, we don’t know about it,” said state Sen. Tim Nangle (D-Cumberland). The law gives reporters discretion, which may lead one person to report a scenario that another may not. Experts have said that Maine’s definition of neglect is also easily conflated with poverty.

Despite those nuances, there is one aspect of the law that does not leave room for discretion: Mandated reporters are required to report babies with fractures, burns, multiple bruises, poisoning and other severe injuries regardless of whether abuse or neglect is suspected. 

This stemmed from a 2013 bill introduced on behalf of then-Gov. Paul LePage that required reporting of such injuries to children under 6 months old or otherwise unable to walk on their own. 

The original text of the bill also proposed that any failure to make this sort of report be a Class E crime, which is a misdemeanor. However, that language was removed before the bill was adopted into law. An exception was also added a couple years later for injuries sustained during the delivery of the child. 

Advertisement

The gap in the reporter statute 

During a recent meeting with the Legislature’s Health and Human Services Committee, Moran said he wasn’t aware of the penalty for failing to make a mandated report ever being enforced. 

“I wonder why we have the civil penalty if no one’s ever going to be held accountable,” Nangle said during that discussion. 

The part of the statute that relies on individual discretion is harder to prosecute, Moran said, because it becomes a question of whether someone intentionally failed to report. Whereas he noted that the section about babies with specific injuries has more opportunities to hold people accountable because there’s no question of discretion.

Moran also pointed out that there isn’t a clear enforcement mechanism. The statute doesn’t say who is responsible for assessing the fine or investigating missed reports. 

Had he known about this confusion earlier, Nangle told Maine Morning Star he probably would have introduced legislation this session to direct the Office of the Maine Attorney General to investigate these instances and decide an appropriate recourse. 

Advertisement

Moran also said that enforcing the penalty could logically fall to the Attorney General, since that is the prosecutorial entity normally responsible for civil violations. 

To punish or to educate? Both.

However, the ambiguity raises a bigger question of how to balance punishment with education. Moran said the panel is more interested in changing people’s behavior than handing out punishments, but it doesn’t have to be one or the other; it could be both.

During the committee meeting, Nangle said he has “no stomach” for people not reporting, but he also told Maine Morning Star that educating mandated reporters is important to achieve the ultimate goal of keeping children safe. 

Rather than paying a fine, he said there could be other penalties that require additional education. State law currently requires mandated reporters to complete training every four years. 

Moran also said there have been discussions about filing complaints with licensing boards for people who fail to report, but that sort of disciplinary approach doesn’t provide broader education and awareness unless it is publicized. 

Advertisement

The Maine Child Death and Serious Injury Review Panel recommended a different approach in its 2023-24 annual report. The panel suggests the Office of Child and Family Services works with the Attorney General’s office to compose a letter that could be sent to mandated reporters as well as their supervisors or legal counsel when the reporter fails to meet the statutory requirements.

As Moran described it, involving legal counsel or someone’s superior could be more effective than a $500 fine. Not only could the person in violation receive more education about what’s expected of them, but leadership could also take the opportunity to refresh other mandated reporters in the organization.

“We have a responsibility to keep our kids safe,” Moran said. “That’s the bottom line. That’s the baseline that we start from as a society.”

YOU MAKE OUR WORK POSSIBLE.

Advertisement



Source link

Advertisement

Maine

Rangeley Heritage Trust creates Friends of Western Maine Dark Sky

Published

on

Rangeley Heritage Trust creates Friends of Western Maine Dark Sky


The ‘Friends of Western Maine Dark Sky’ group meets March 3 at the Rangeley Lakes Heritage Trust office in Rangeley. They discussed the formation of the group as well as the process for designating the town as a dark sky community. (Quentin Blais/Staff Writer)

Looking up at the night sky in northern and rural Maine, it is a sight to behold, almost unique in today’s lit-up world. The Rangeley region is one of the last areas in the Northeast largely untouched by light pollution.

It is also a draw for many tourists and stargazers who come to the region for the clear view of the night sky.

A new group called Friends of the Western Maine Dark Sky hopes that by limiting the amount of light pollution, those views will be preserved for generations to come.

Advertisement

The group gathered at the Rangeley Lakes Heritage Trust on March 3 to talk about ways to educate the community on the importance of dark skies to the region.

One of their primary efforts is to try to designate Rangeley as an official Dark Sky community.

The designation will require a few steps. First, an application will be submitted to DarkSky International expressing an interest. Then, the town of Rangeley will need to adopt a new lighting ordinance at the June town meeting.

A new state law taking effect in October will require publicly funded outdoor lighting across the state to be dimmed at night to protect wildlife and dark skies. This includes using warm, yellow-toned bulbs, dimming or turning off nonessential lights and shielding lights so they don’t shine upward into the sky.

The town ordinance would create guidelines similar to the state laws on the kinds of lights used in town, as well as restrict some signs, such as LED message boards. Existing boards would be allowed to remain in place.

Advertisement

“The fact that the existing signage is grandfathered in perhaps bodes well for getting an approval of the town meeting,” said Linda Dexter, Dark Sky community certification coordinator at the Rangeley Lakes Heritage Trust, who is leading the effort. “It’s going to impact businesses in the town … right out of the gate, folks will tend to not vote for it.”

Even if an ordinance passes, change would likely be slow. Most of the group’s efforts will be on community education, such as informing seasonal residents to turn off the lights at their camps while they are gone for the winter. Also, the application may not be approved for up to six months after it is submitted, Dexter said.



Source link

Advertisement
Continue Reading

Maine

This Classic New England-Style Cottage in Maine Has 200 Feet of Atlantic Ocean Frontage

Published

on

This Classic New England-Style Cottage in Maine Has 200 Feet of Atlantic Ocean Frontage


A waterfront home with open ocean views on the coast of Maine came to market Tuesday asking $4 million. 

Built in 1978, the three-bedroom cottage is at the southern point of Cape Elizabeth, less than 10 miles from downtown Portland. The 1.1-acre property on Sunny Bank Road features 200 feet of south-facing water frontage on the wide open Atlantic. 

It is bordered by a rocky sea wall that’s about 28 feet high, according to listing agent Sam Michaud Legacy Properties Sotheby’s International Realty

“The views are like a Monet painting,” he said via email. “The water sparkles and the waves are endless.”

Advertisement

MORE: Laid-Back Costa Rica Is Getting a $7 Million Mega-Penthouse

The 3,364-square-foot home was built in classic New England style, with shingle siding, a single sloped roofline and large windows—complemented by white-washed walls, exposed-beam ceilings and wide-plank flooring on the interiors. 

Advertisement – Scroll to Continue

The main common area features cathedral ceilings with a step-down between the living and dining room, and a partial wall divides the dining room from the kitchen. There is also a wood-paneled family room off the kitchen, a gym and a covered porch. 

The sellers purchased the property in 2010 for $1.562 million, according to property records accessed through PropertyShark. They could not immediately be reached for comment. 

Advertisement

“I have received quite a few inquiries since hitting the market two days ago,” Michaud said. “Buyers understand that this is a golden opportunity to own over an acre with 200 feet of bold oceanfront in Cape Elizabeth.”

MORE: Iranian Strikes on Dubai Put the City’s Roaring Real Estate Market to the Test

There are currently just seven three-bedroom homes available for sale in Cape Elizabeth and fewer than five waterfront properties, according to Sotheby’s and Zillow data. It is also the most expensive listing in the town, with another waterfront property on a tiny lot just south of Portland coming in a close second, according to Zillow. 

Michaud sold the former Cape Elizabeth home of Bette Davis this past summer for $13.4 million, the priciest sale on the cape in at least a decade—and even those views can’t compare. They’re “just magical,” he said. 



Source link

Advertisement
Continue Reading

Maine

NECEC conservation plan will not protect Maine’s mature forests | Opinion

Published

on

NECEC conservation plan will not protect Maine’s mature forests | Opinion


Robert Bryan is a licensed forester from Harpswell and author or co-author of numerous publications on managing forests for wildlife. Paul Larrivee is a licensed forester from New Gloucester who manages both private and public lands, and a former Maine Forest Service forester.

In November 2025, the Department of Environmental Protection (DEP) approved a conservation plan and forest management plan as mitigation for impacts from the NECEC transmission corridor that runs from the Quebec border 53 miles to central Maine.

As professional foresters, we were astonished by the lack of scientific credibility in the definition of “mature forest habitat” that was approved by DEP, and the business-as-usual commercial forestry proposed for over 80% of the conservation area.

The DEP’s approval requires NECEC to establish and protect 50,000 acres to be managed for mature-forest wildlife species and wildlife travel corridors along riparian areas and between mature forest habitats. The conservation plan will establish an area adjacent to the new transmission corridor to be protected under a conservation easement held by the state. Under this plan, 50% of the area will be managed as mature forest habitat.

Advertisement

Under the forest management plan, a typical even-aged stand will qualify as “mature forest habitat” once 50 feet tall, which is only about 50 years old. These stands will lack large trees that provide wildlife denning and nesting sites, multiple vegetation layers that mature-forest birds use for nesting and feeding habitats and large decaying trees and downed logs that provide habitat for insects, fungi and small mammals, which in turn benefit larger predators.

Another major concern is that contrary to the earlier DEP order, the final approval allows standard sustainable forestry operations on the 84% of the forest located outside the stream buffers and special habitats. These stands may be harvested as soon as they achieve the “mature forest habitat” definition, as long as 50% of the conserved land is maintained as “mature.”

After the mature forest goal is reached, clearcutting or other heavy harvesting could occur on thousands of acres every 10 years. Because the landowner — Weyerhaeuser — owns several hundred thousand acres in the vicinity, any reductions in harvesting within the conservation area can simply be offset by cutting more heavily nearby. As a result, the net
mature-forest benefit of the conservation area will be close to zero.

Third, because some mature stands will be cut before the 50% mature forest goal is reached, it will take 40 years — longer than necessary — to reach the goal.

In the near future the Board of Environmental Protection (BEP) will consider an appeal from environmental organizations of the plan approval. To ensure that ecologically mature forest develops in a manner that meets the intent of the DEP/BEP orders, several things need to change.

Advertisement

First and most important, to ensure that characteristics of mature forest habitat have time to develop it is critical that the definition include clear requirements for the minimum number of large-diameter (hence more mature) trees, adjusted by forest type. At least half the stocking of an area of mature forest habitat should be in trees at least 10 inches in diameter, and at least 20% of stands beyond the riparian buffers should have half the stocking in trees greater than or equal to 16 inches in diameter.

Current research as well as guidelines for defining ecologically mature forests, such as those in Maine Audubon’s Forestry for Maine Birds, should be followed.

Second, limits should be placed on the size and distribution of clearcut or “shelterwood” harvest patches so that even-aged harvests are similar in size to those created by typical natural forest disturbance patterns. These changes will help ensure that the mature-forest block and connectivity requirements of the orders are met.

Third, because the forest impacts have already occurred, no cutting should be allowed in the few stands that meet or exceed the DEP-approved definition — which needs to be revised as described above — until the 50% or greater mature-forest goal is reached.

If allowed to stand, the definitions and management described in the forest management plan would set a terrible precedent for conserving mature forests in Maine. The BEP should uphold the appeal and establish standards for truly mature forest habitat.

Advertisement



Source link

Continue Reading

Trending