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ME LD966

ME LD966
An Act Allowing Access by State Agencies and Hospitals to Certain Confidential Probate Court Records


summary

Introduced
03/07/2025
In Committee
03/07/2025
Crossed Over
04/01/2025
Passed
04/01/2025
Dead
Signed/Enacted/Adopted
04/01/2025

Introduced Session

132nd Legislature

Bill Summary

An Act Allowing Access by State Agencies and Hospitals to Certain Confidential Probate Court Records Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and Whereas, individuals in probate court proceedings involving adult guardianship, conservatorship and special arrangements have acute issues that need addressing; and Whereas, state agencies and hospitals have limited ability to address these issues due to the inability to access confidential information and records involved in the proceedings; and Whereas, the public interest requires prompt attention to these issues or the individuals and public interest may suffer harm or other adverse consequences; and Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

AI Summary

This bill allows certain state agencies and hospitals to access confidential probate court records related to guardianship, conservatorship, and protective arrangements for both minors and adults in the public interest. Specifically, the bill enables authorized employees or legal counsel from the Department of Health and Human Services, the Office of the Attorney General, a state-designated disability protection agency, licensed hospitals, and a nonprofit providing civil legal services to elderly residents to review probate court records. These entities can access the records to carry out official functions, but they must use the information only for its intended purpose and comply with existing confidentiality laws and regulations. The bill also modifies existing access rules for court records in guardianship and conservatorship proceedings, expanding the list of people who can review these records. Additionally, the bill delays the effective date of these changes to January 15, 2026, or when the Supreme Judicial Court amends the Maine Rules of Probate Procedure to incorporate the new requirements, and mandates that the court submit reports on its progress toward implementing these changes.

Committee Categories

Justice

Sponsors (2)

Last Action

Governor's Action: Emergency Signed, Apr 1, 2025 (on 04/01/2025)

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