PROPOSAL BY REP. DAVID TRAHAN, WALDOBORO, TO CREATE A COMMISSION
ON THE STUDY AND PREVENTION OF CHILD ABUSE
ORDERED, The Senate concurring, that the Commission on the Study and Prevention
of Child Abuse is established as follows.
1. Commission established. The Commission on the Study and Prevention
of Child Abuse, referred to in this order as the "commission," is established
to investigate the mistreatment of children in its various manifestations,
focusing on, but not limited to, sexual abuse and to report on the occurrence
and causes of this mistreatment and recommend feasible measures by which the
State may substantially intervene to the benefit of the children with whose
welfare and development it is charged.
2. Membership. The commission consists of the following 15 members,
each of whom must possess a strong interest or experience in the problem of
child abuse.
A. Four members of the Senate, appointed by the President of the Senate,
one of whom serves on the Joint Standing Committee on Criminal Justice
and one of whom serves on the Joint Standing Committee on the Judiciary;
B. Four members of the House of Representatives, appointed by the
Speaker of the House, one of whom serves on the Joint Standing Committee
on Education and Cultural Affairs and one of whom serves on the Joint
Standing Committee on Health and Human Services;
C. A child abuse clinical expert, appointed by the Executive Director
of the Maine Medical Association;
D. A child abuse prevention specialist, appointed by the Commissioner
of Human Services;
E. A teacher, appointed by the Executive Diretor of the Maine Education
Association;
F. A guidance counselor, appointed by the Executive Director of the
Maine Education Association;
G. A legal expert in child abuse prevention and proceedings, appointed
by the Attorney General; and
H. Two members at large, appointed by the Speaker of the House after
seeking advice from both within and outside of government.
3. Appointments; chairs; convening of commission. All appointments
must be made no later than 30 days following passage of this order. The
appointing authorities shall notify the Executive Director of the Legislative
Council once all appointments have been made. The first named Senate member
is the Senate chair and the first named House of Representatives member is
the House chair. The first meeting must be called by the chairs no later
than June 1, 2000.
4. Duties. The commission shall investigate the mistreatment of
children in its various manifestations, focusing on, but not limited to,
sexual abuse and shall report on the occurrence and causes of this
mistreatment and recommend feasible measures by which the State may
substantially intervene to the benefit of the children with whose welfare and
development it is charged.
To this end, the commission shall:
A. Define the scope and nature of the problem of child abuse,
emphasizing but not necessarily limiting its study to sexual abuse of
children;
B. Investigate and recommend solutions and appropriate, effective
levels of support for such solutions in the following areas:
1. Procedures for providing training in recognizing signs of child
abuse to school personel, clergy, law enforcement, health workers
and other professionals;
2. Procedures for providing training to children in recognizing
potential abusive situtations and individuals and in obtaining
immediate assistance and protection;
3. The current state of the Department of Human Services' resources
for child abuse intervention, including recommendations for
appropriate and effective levels of support;
4. Networking among concerned public and private agencies, groups
and individuals;
5. Hiring practices for those who work with children, wherever
appropriate, with an emphasis on determining and providing training
in best practices;
6. The judicial system's response to the problem of child abuse,
including an examination of plea bargaining with and sentencing and
rehabilitation of convicted child abusers, as well as the appropriate
exchange of official information about such convicted abusers; and
7. Any other areas determined by the commission's investigations
to play a critical role in the solution of the problem.
5. Staff assistance. Upon approval of the Legislative Council, the
Office of Policy and Legal Analysis shall provide necessary staffing services
to the commission.
6. Compensation. Members of the commission who are Legislators are
entitled to receive the legislative per diem as defined in the Maine Revised
Statutes, Title 3, section 2 and reimbursement for travel and other necessary
expenses for attendance at meetings of the commission. Public members not
otherwise compensated by their employers or other entities that they
represent are entitled to receive reimbursement of necessary expenses for
their attendance at authorized meetings of the commission.
7. Report. The commission shall submit a report along with any
recommended legislation for the 120th Legislature no later than November 1,
2000. If the commission requires an extension of time to make its report,
it may apply to the Legislative Council, which may grant the extension.
8. Commission budget. The chairs of the commission, with assistance
from the commission staff, shall administer the commission budget. Within
10 days after its first meeting, the comission shall present a work plan and
proposed budget to the Legislative Council for its approval. The commission
may not incur expenses that would result in the commission's exceeding its
approved budget. Upon request from the commission, the Executive Director of
the Legislative Council or the executive director's designee shll provide the
commission chairs and staff with a status report on the commission budget,
expenditures incurred and paid and available funds.
SPONSORED BY: Representative David Trahan, Waldoboro