Sen. Claxton bill to reform and strengthen Maine’s child welfare system receives unanimous approval from Senate

LD 1960 includes provisions from LD 1755, sponsored by Sen. Curry

AUGUSTA — On Thursday, the Maine Senate gave unanimous, bipartisan support to a bill from Sen. Ned Claxton, D-Auburn, to improve Maine’s child welfare system. LD 1960, “An Act To Make Changes to the Laws Governing the Child Welfare Services Ombudsman Program,” also included a key provision and many other elements from a bill sponsored by Sen. Chip Curry, D-Belfast, LD 1755, “An Act To Enhance the Child Welfare Ombudsman Program.”

“In news headlines, in testimony shared with legislators, and in stories from our neighbors, it’s very evident that Maine needs to be doing much more to protect our children from abuse. This bill is an important part of what we’re doing in the Legislature to address that challenge,” said Sen. Caxton. “I’m gratified to see it receive such strong support.”

“For too long now, we’ve known that Maine’s child welfare system needs an overhaul. A big part of that overhaul must be increased oversight and accountability. Maine kids and families are counting on us to make real change,” said Sen. Curry. “This bill is the product of great collaboration from members of the Health and Human Services Committee, and I’m grateful to my colleagues in the Senate for advancing it.”

LD 1960 would make a variety of changes to strengthen the Child Welfare Services Ombudsman’s Program, including improved staffing, funding and employment benefits; ensuring the program can provide input and recommendations to the Department of Health and Human Services as well as the Legislature; and allowing the program to provide direct support to people and families involved with the state’s child welfare services. The bill also would require DHHS to give advance notice to the ombudsman of any policy changes affecting child welfare services, and to notify the ombudsman of child deaths.

The key provision added to LD 1960 from LD 1755 would include the ombudsman as a member of the Child Death and Serious Injury Review Panel, to ensure the program can provide more informed and thorough oversight of child welfare services.

In 2021, 708 inquiries were reported to the Ombudsman Program, which is an increase of 91 from 2020, and 66 percent of those were for children 8 years old or younger. During 2021, the Ombudsman opened 95 cases, and of those 84 were closed by the end of 2021. Out of the 84 cases closed that year, 42 had substantial procedure issues.

Four Maine children, all younger than four years old, died between May 31 and June 20, 2021. This includes three-year-old Maddox Williams of Stockton Springs, who passed away after being brought to the hospital by his mother and grandmother. His mother, Jessica Williams, has been charged with murder. Reporting has described Maddox’s injuries as well as shock by neighbors that he was left in his mother’s care. Whether the Office of Child and Family Services was involved has not been made public. This comes less than three years after the death of Marissa Kennedy, also of Stockton Springs, who died from abuse and neglect in her family home after 25 reports from school employees, neighbors, and medical professionals with concerns for her wellbeing.

In July 2021, two long-serving members of the Board of Directors of the Maine Child Welfare Services Ombudsman resigned their positions. Their resignation letter spelled out the reason for their resignations as a frustration in the lack of needed reform in Maine’s child welfare systems, leaving children at risk of harm and abuse.

In its 2020 annual report, the Ombudsman’s office details how the Office of Child and Family Services (OCFS) continues to struggle to fully protect Maine children in two key areas. The Ombudsman found that OCFS struggles with determining the safety of a child in the home during initial investigations. The Office also struggles to make informed decisions about if it is safe to reunify the children with his or her parents.

LD 1960 faces further votes in the House and Senate.