Maine
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.
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.
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.”
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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.
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.
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.
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.”
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Maine
Meet 16 obscure Maine Democrats shaping Graham Platner’s replacement
A handful of mostly unknown Democrats, including a retired art teacher, a candidate’s husband and a finance executive, will soon have unprecedented influence over the U.S. Senate race.
Maine Democrats are slated to host a 600-member convention this month, with roughly 500 of those members selected by the party’s 16 county apparatuses. Being a county chair is usually a low-key position. After Graham Platner’s Wednesday announcement that he will leave the race following sexual assault allegations, they are suddenly in a position of power.
Here are the 16 people tasked with creating a delegation to pick who will face off against Republican Sen. Susan Collins.
Joseph Zamboni: Cumberland County
As Maine’s most populous county, Cumberland will have the largest delegation at the coming convention. Its party chair is health policy and law professor and pro-vaccine advocate. He currently serves as the chair of Portland’s zoning board and previously worked for the state and the federal Department of Health and Human Services.
Kathie Purdy: York County
York, the southernmost county, is the state’s second most populous. Its delegation will be led by Kathie Purdy, a former candidate for the state Legislature. She is a business owner in Saco and a bar manager in Ogunquit, according to her LinkedIn profile.
Harry Sanborn: Penobscot County
Alton resident Harry Sanborn is involved in local government, serving as a member of both the planning board and budget panel. He also serves as the town’s sexton. His wife, Laura, a former lawmaker and county commissioner, is a school board member for Regional School Unit 34.
Joanne Mason: Kennebec County
Kennebec’s Democratic Party chair is Joanne Mason, a nonprofit leader and the wife of Sheriff Ken Mason. According to her LinkedIn, she is president of the Family Violence Project, an Augusta-based nonprofit.
Carl Wilcox: Androscoggin County
From his social media history, Wilcox appears to be on the left of the party. In response to a white nationalist rally in DC last week, he posted that “billionaires control the media and the government sets the rules to funnel ever greater sums to the billionaire class,” echoing Platner’s anti-billionaire language. He hiked the entire Appalachian Trail in 2016.
Alison Willette: Aroostook County
Willette has relatively little online presence, but the Aroostook County Democrats downplayed the chair’s role in a Thursday Facebook post, writing, “the process is still being hashed out, but I assure you all counties have representation involved and it is NOT a ‘cherry picked by the chair’ process!”
Aroostook’s delegation, likely to be the seventh-largest, could be a source of support for former Senate President Troy Jackson, an Allagash native who is running to replace Platner in his populist mold.
Bruce Bryant: Oxford County
Oxford is one of the only counties with a chair that served in the state Legislature. Bruce Bryant was a Senator between 2002 and 2010. In 2024 he ran for state senate again, but lost to Republican Joseph Martin. On social media he voiced support for Troy Jackson when he was running for Governor.
Marcia Myers: Hancock County
Myers is a former news editor who now lives in Deer Isle. Her social media history shows posts invoking independent socialist Sen. Bernie Sanders and attending “No Kings” protests. She told MS NOW in June that Democrats in Hancock were “laser-focused on issues like healthcare and cost of living.”
Lise Ragan: Somerset County
Ragan is an Anson resident and former teacher who describes herself on Facebook as a “patriotic, very concerned American.” She told the Bangor Daily News she is “confident” the party can move forward with a new candidate for U.S. Senate.
Greg Marley: Knox County
Rockland resident Greg Marley is married to the city’s former mayor and current state Rep. Valli Geiger, a Platner ally running to replace him. In response to a post by The Midcoast Villager about Valli’s interest, Marley posted that he “stand[s] beside this extraordinary woman every step of the way.” Geiger had been a close ally of Platner, who she says encouraged her to run.
Marley is a clinical director of suicide prevention at Maine’s chapter of the nonprofit National Alliance on Mental Illness.
Stanley Paige Zeigler: Waldo County
Zeigler is a former merchant mariner and state representative. He represented part of Waldo County between 2016 and 2024. He has been involved with environmental organizations like the Sierra Club and the Maine Bike Coalition.
Keith Mestrich: Lincoln County
Lincoln County’s chair is set for one of the smallest delegations, but he may have something that other party leaders lack and that many party voters have shunned over the course of Platner’s campaign — money and connections.
Keith Mestrich got his start in labor organizing and eventually became CEO of Amalgamated Bank, a union-owned financial institution. He is now a founding partner of Percapita, a financial tech firm providing an employee benefit platform for low-income workers. He also serves as the chair of the National Trust for Local News, whose Maine arm owns The Portland Press Herald and sister papers.
Lisa Marin: Washington County
Washington County Democrats are led by a retired art teacher who worked at the Moosabec Community School District in Jonesport. The Downeast resident’s Facebook history shows that she has attended “No Kings” protests. She recently wrote a Press Herald op-ed condemning Republican gubernatorial nominee Bobby Charles.
Wayne Kinney: Franklin County
Kinney represents Farmington on the RSU 9 school board. His online presence is limited.
Deb Dagnan: Piscataquis County
Dagnan will lead the smallest county delegation. She had expressed skepticism about Platner after The New York Times published a story in June detailing claims of abuse by his ex-girlfriends. She told PBS ahead of the primary election that people were “waiting for the other shoe to drop after he gets the nomination.”
“Then what do we do?” she asked.
Daniel O’Connor is a Report for America corps member who covers rural government as part of the partnership between The Maine Monitor and the Bangor Daily News, with additional support from BDN and Monitor readers.
Maine
Is prison in play for Graham Platner?
The allegations against Platner could constitute gross sexual assault, a felony crime in Maine law used to prosecute rape, according to a Maine criminal defense lawyer.
Graham Platner drops Maine Senate bid after sexual assault allegation
Facing a slew of controversies including a sexual assault allegation, Graham Platner dropped out of the closely watched Maine Senate race.
The recent sexual assault allegations against Graham Platner aren’t just the political flashpoint that forced a rising populist Democrat to suspend a major Senate campaign. They also potentially amount to criminal conduct.
Jenny Racicot, 41, had been casually dating Platner for about two years when he came to the home where she was staying in 2021 and sexually assaulted her, while she repeatedly told him to stop, according to allegations she made in interviews with Politico and CNN.
Those allegations could constitute gross sexual assault, a felony crime in Maine law used to prosecute rape, according to William T. Bly, a Maine criminal defense lawyer. However, he said Racicot, who didn’t report the incident to law enforcement in 2021, would need to decide now that she wants to report it.
“If you take a look at the statutes, you can see all the different ways it could be charged, but it is gross sexual assault,” Bly said.
“A lot of it’s going to come down to victim credibility and what, if any, corroborating evidence can they get?” Bly added.
Racicot said the assault took place in the village of Marlboro, which is in Maine’s Hancock County.
In a lengthy email to USA TODAY, Hancock County District Attorney Bob Granger said his office cannot comment on whether any criminal investigation exists, noting that Maine law criminalizes unlawfully disseminating information from an investigative record.
Granger added that his office wouldn’t ordinarily open an investigation unless a victim makes a formal sexual assault complaint to law enforcement for the area where the crime happened, and that victims of sexual assaults may be reluctant to move forward criminally for “a number of valid reasons,” including “horrendous emotional and psychological pain.”
However, Granger said his office takes formal complaints seriously.
“If a victim exercises the courage to come forward to law enforcement with credible allegations, we owe it to both them and the general public to carefully examine those claims,” he said.
Shannon Moss, a spokesperson for Maine’s Department of Public Safety, told USA TODAY in an email that the Maine State Police haven’t received or investigated any criminal complaints involving Platner. USA TODAY also left a voice message at the Hancock County Sheriff’s Office seeking information on any complaints.
USA TODAY was unable to reach Racicot for comment.
Ryan Barto, the communications director for Platner’s campaign, didn’t respond to a request for comment, but Platner has previously denied that he sexually assaulted anyone.
“This is all false. The things that have been claimed did not happen. It’s not real,” Platner said in a video posted to Instagram July 8, in which he didn’t address the specifics of Racicot’s account, but said her allegations were surfacing in the media in an effort to get his name off the ballot.
“Accusations are supposed to be the beginning of things, not the end,” he said.
Here’s a look at what kinds of charges could be in play if a complaint were lodged and prosecutors chose to move forward, what penalties they could involve, and what a defense might look like:
Prosecuting rape in Maine
Gross sexual assault, Maine’s central felony rape statute, can be prosecuted in many different forms, depending on the nature of the allegations. For instance, if a defendant compelled another person to engage in a sex act, the person could face a “Class A” assault felony charge, Maine’s most serious class of gross sexual assault.
Other forms of sexual assault in Maine, such as getting someone to engage in a sex act by threat or being criminally negligent about whether the other person consented, amount to lower-class felonies.
Racicot alleged that Platner was heavily intoxicated when he entered her home uninvited and ignored her repeated pleas for him to stop. She told Politico she cut off contact after telling him the incident was not consensual.
If prosecutors were considering gross sexual assault charges against Platner, the time that has passed since the alleged assault wouldn’t prohibit them from moving forward. Maine allows prosecutors to bring gross sexual assault felony charges anytime within 20 years of the offense.
What kind of penalties could Platner face if charged and convicted?
Defendants convicted of the most serious form of gross sexual assault – Class A felonies – can be imprisoned for up to 30 years. Class B and Class C gross sexual felonies allow judges to sentence a defendant to up to 10 years and five years in prison, respectively.
Maximum penalties often don’t reflect the actual penalties defendants receive from a judge. In Maine, judges take various factors into account when determining the appropriate sentence, such as defendants’ age, the nature of the underlying crime, their criminal history, and evidence that reflects on their character.
“It’s not just the classification of the crime, but what are the details that come out,” Bly said. “There’s so many different things to look at.”
What kinds of defenses could Platner raise?
Bly said Platner’s potential defense, if he were to face charges, would be driven by details in the case that may currently be largely unknown.
Still, one potential line of defense is already clear: Platner has suggested that the timing of Racicot’s account is intentional. The allegations emerging just days before a July 13 deadline to remove him as Maine’s Democratic Senate nominee, Platner said, indicate they were politically motivated.
“This was the last week to try to get me off of the ballot. And that’s why this is occurring,” Platner said in his July 8 Instagram video message.
“I’m sure a defense would be that this was politically motivated, the person had a personal issue and an ax to grind,” Bly said.
Racicot told Politico she didn’t go public earlier in part because she believes in Platner’s platform.
“One of the reasons I didn’t come forward sooner was the huge moral conflict that I had between supporting his politics, but not supporting him as a person,” she said.
With all the years gone by, there might also be a lack of physical evidence for prosecutors to present in court, and questions from the defense not just about an accuser’s motive, but her memory.
“The longer in time someone waits to bring allegations, especially when they’re already adults when they occurred, tends to weigh against, I think, the credibility potentially of the alleged victim,” Bly said.
Still, corroboration could persuade prosecutors they have a strong enough case, Bly said. They may be able to point to accounts from people Racicot spoke with after the alleged crime occurred.
CNN spoke with two people who said that Racicot previously disclosed that Platner sexually assaulted her. She spoke with a then-boyfriend in 2023 and a close friend in late August of 2025, around the time Platner launched his campaign. The former boyfriend said Racicot disclosed Platner’s identity to him after Platner launched his campaign. The friend said Racicot initially referred to her assailant as an “oysterman,” but later shared that it was Platner.
According to Platner’s campaign website, he started working on his friend’s small oyster farm in 2018 and eventually took over the oyster farm.
Maine
Live updates: U.S. and Iran escalate attacks; jockeying starts in Maine after Graham Platner drops Senate bid
Troy Jackson, a former state senator, officially launched his bid to take over the Democratic nomination in the Maine Senate race, less than an hour after Platner announced he was suspending his campaign.
“There is a powerful movement of working class people in the state of Maine, and millions more across America who are ready to send a progressive fighter to the Senate,” Jackson wrote last night on X.
“I’ve been fighting for that movement my whole life — and I’m sure as hell not backing down now, when this fight is needed most,” he continued. “I’m in. And we’re going to defeat Susan Collins.”
Jackson, who ran unsuccessfully in the Democratic primary for governor, filed paperwork yesterday to begin the process of replacing Platner. The state Democratic Party voted today to hold a nominating convention later.
While Jackson is a former ally of Platner, he said this afternoon that he did not want an endorsement from him.
“When it came down to a credible allegation of somebody that was sexually assaulted, that was the end. That was the bright-red line,” Jackson said on NBC News’ Meet the Press NOW.
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