Department of Health and Human Services Delivers Child Protective Case Files to OPEGA

October 7, 2022

AUGUSTA— The Maine Department of Health and Human Services announced today that it is delivering to the Office of Program Evaluation and Government Accountability (OPEGA) child protective services case files for four children who died last year. Immediately following the Government Oversight Committee’s vote on September 21, 2022, the Department worked with OPEGA, the independent investigatory arm of the Legislature, and the Office of the Attorney General to fulfill the Committee’s directive while ensuring confidentiality of the records as required by state and federal laws. The Department started delivering the case files to OPEGA within days of the vote and will complete delivery today. It will be supplementing its production of Department records in the coming days.

Additionally, the Office of the Attorney General has notified the Government Oversight Committee of the Department’s objection to the Committee’s subpoena for direct access to these records by its members. As the Department has stated consistently, the Office of the Attorney General advised in a June letter that it is a violation of the law to release these confidential records to Government Oversight Committee members directly.

“The Department and the Office of the Attorney General rapidly processed and are securely delivering the four requested case files to the office created by the Legislature for review of such sensitive records,” said Health and Human Services Commissioner Jeanne Lambrew. “We look forward to OPEGA’s thorough and expert evaluation, as well as to resolution of any remaining questions regarding access to these confidential records. There is no higher priority for the Department than advancing the vital work of protecting Maine children from abuse and neglect and ensuring they can live safe, stable and healthy lives.”

In recognition of this priority, the Department has partnered with families, communities, service providers, other agencies, and the Legislature to improve Maine’s child protective services. Since 2018, the Department has increased staff by 29 percent, increased the number of resource or foster families by 31 percent, and overhauled an outdated information system, among other improvements.

The tragic child fatalities last year intensified this work. The Department accelerated planned improvements to address the COVID-19 pandemic and its secondary effects, which resulted in more children at risk of abuse and neglect, more substance use disorders among parents, and strained systems of care to support them – in Maine and nationwide. In 2022, with bipartisan support from the Health and Human Services Committee, the Department made historic investments in expanded services and supports to prevent abuse and neglect as well as protect children. On a bipartisan basis, the Legislature also passed a Governor’s bill and budget initiatives that strengthens the Child Welfare Ombudsman Program. This Program investigates complaints from families and communities and identifies ways to improve the child welfare system. The Department has also expanded channels for engagement with families, communities, teachers, health care providers, and law enforcement who are on the front lines of detecting abuse or neglect.

Additionally, the Department has taken every step possible to be transparent about these child fatalities and to learn from them. The Department engaged national experts who in October 2021 completed an independent investigation of the child deaths (PDF) from last summer. In 2022, the Department has provided regular reports to the Health and Human Services Committee on its progress on acting on these and other recommendations (June report and September report available here). And, the Department has fully participated in the ongoing review of last year’s child fatalities conducted by OPEGA at the direction of the Government Oversight Committee.