Maine Child Abuse Laws

In Maine, the Department of Health and Human Services (DHHS) handles reports of child abuse and neglect. The aim of Child Welfare Services is to take all reports of abuse seriously and act in the best interests of the child when conducting evaluations. Under Maine law, this sometimes means removing a child from their home and placing them in foster care. In other instances, getting the parents needed support services, such as substance abuse treatment or anger management classes, can improve the situation. Not every report of abuse is substantiated by the state. Some reports may lead to other types of intervention for families needing assistance.

Child abuse or neglect in Maine includes any threat to a child's health or welfare due to physical or mental injury. Maine's definition also covers sexual abuse and trafficking. Maine's Child Protective Services (CPS) conducts a Child Protection Assessment after every report. This article examines Maine’s child abuse and neglect laws, including reporting procedures and penalties for violations.

Maine Child Abuse and Neglect Laws

Maine's Child & Family Services and Child Protection Act (Chapter 1071) contains all statutes on child abuse, reporting, and termination of parental rights. Abuse or neglect is a threat of serious harm to a child from any caregiver, parent, foster parent, legal guardian, or other family member.

Child abuse or neglect is any threat to a child's health and welfare. Abuse or neglect can mean:

• Physical, mental, or emotional injury or impairment
• Sexual abuse or exploitation, such as sexual trafficking
• Deprivation of essential needs such as food, clothing, or shelter
• Abandonment, meaning conduct suggesting an intent to relinquish parental rights
• Deprivation of health care when such deprivation places the child in danger of serious harm
• Truancy, when such truancy is due to neglect or abandonment by a caregiver

Medical care by means of "spiritual treatment" when given by an accredited practitioner of a recognized religious organization is not considered child abuse or neglect. If the activity continues to endanger the child, the state can intervene.

Prenatal Exposure

Doctors and hospitals must notify DHHS if they suspect an infant is born with fetal alcohol spectrum disorder (FASD) or withdrawal symptoms from prenatal exposure to legal or illegal drugs. DHHS must investigate to determine if the parents abused the infant and develop a plan for the infant's safe care after discharge.

Penalties for Child Abuse Under Maine Law

Maine law contains specific penalties for child endangerment and child sexual assault.

Endangering the welfare of a child (Maine Criminal Code § 554) includes:

• Permitting a minor to enter a house of prostitution
• Knowingly giving a child alcohol or tobacco
• Permitting a child to possess a firearm or ammunition
• Failing to prevent serious injury after knowing a child has suffered such injury
• Depriving a child of health care

Failing to prevent injury is a Class C crime, punishable by up to five years' imprisonment. The other crimes are Class D, punishable by less than one year in jail. Judges may consider aggravating or mitigating factors when determining sentences.

Domestic violence, sexual abuse of a minor, and use of a deadly weapon are aggravating factors that can increase the sentence.

Abandonment of a child (Maine Criminal Code § 553) depends on the age of the child:

• Leaving a child under six years of age with the intent to abandon the child is a Class C crime
• Leaving a child under six years of age with a nonrelative without a court order, with the intent to avoid parental responsibility, is a Class C crime
• Leaving a child under 14 years of age with the intent to abandon the child is a Class D crime
• Leaving a child under the age of 18 with a nonrelative without a court order, with the intent to avoid parental responsibility, is a Class D crime

Penalties for leaving a child do not apply to infants voluntarily surrendered to a safe haven box, emergency room personnel, or law enforcement officers.

Sexual abuse of a minor is a Class C crime if the offender is at least 10 years older than the victim. It is a Class D crime if the victim is 14 or 15 years of age and the offender is at least five years older than the victim.

Mandatory Reporting

A mandatory reporter is someone whose job causes them to experience more contact with children and young people than the average person does. By law, a mandatory reporter must let DHHS know of any suspected child abuse immediately.

In Maine, mandatory reporters include but are not limited to:

• Doctors, nurses, dentists, EMS workers, medical examiners, and staff members
• Psychologists and mental health professionals
• Teachers, child care workers, school administrators, and staff
• Judges, family court attorneys, guardians ad litem, social workers and court staff
• Law enforcement, firefighters, code enforcement
• Clergy and church staff

Employers may not prevent or discourage employees from reporting known or suspected child abuse.

Any individual should report known or suspected child abuse if they have a reasonable suspicion that such abuse is occurring. The Office of Child and Family Services staffs the hotline (1-800-452-1999) 24/7, including holidays and weekends.

Reporting Child Abuse or Neglect

To make a report of abuse or neglect, a reporter must have reasonable cause to know or suspect a child is being or is likely suffering from abuse. It isn't always easy to know what child abuse entails or what it looks like.

Kids get banged up and bruised during their day. Embarrassing news stories of busybody neighbors who reported parents for daring to leave their child unattended in the front yard are fairly common. Still, it's important to be vigilant. In some cases, children may not feel safe enough to tell adults about genuine abuse or neglect.

Some signs that both mandatory reporters and average people should look for include:

• Injuries beyond the normal range for active children, such as bruises on the stomach or back
• Broken bones or damaged teeth
• Unusual withdrawal from peers, or unusually aggressive behavior, especially if the behavior begins abruptly
• Hoarding or stealing food
• Unusually sexualized behavior for the child's age

Neighbors should not worry if a child is alone for an hour or two, particularly if they know the parents work. Possible neglect situations arise if:

• The child is very young or has special needs
• A young child is caring for other young children
• The parents leave the child on more than one occasion
• The child seems to be hungry or frightened

In general, it is better to err on the side of the child. Reports made in good faith, where the reporter acts in the best interest of the child, protect the reporter from civil and criminal liability, even if the report is unfounded. Deliberately false or malicious reports made in bad faith do not fall under this protection.

Penalties for Not Reporting Suspected Child Abuse

Maine does not have a "requirement to report" known or suspected child abuse for those who aren't mandated reporters. There are no criminal penalties for failing to report child abuse.

Failure to report for mandated reporters is a civil violation with a fine of not more than $500. The Maine legislature has made several efforts to modify the statute, but to date, nothing has changed.

Dealing With Child Abuse? Get Legal Advice From a Maine Family Law Attorney

Facing child abuse charges is a frightening experience. Maine family courts treat child abuse seriously. If you're facing these charges, having a Maine criminal defense lawyer explain your options and show you how to protect your parental rights is a tremendous boon.

For other family court matters surrounding abuse and neglect cases, speaking with a Maine family law attorney can help you better understand what's happening.

Research the Law

• Maine Law
• Official State Codes

Related Resources

• Child Abuse Overview
• Where To Get Help for Child Abuse
• False Allegations of Child Abuse Do's and Don'ts