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An Act To Protect a Child from Misuse of Identity
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §42, sub-§10  is enacted to read:
 
10.  Protection of a child from misuse of identity.     The department shall adopt rules to protect a child from the misuse of the identity of the child for household, business or commercial purposes. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A. The rules must provide for the following procedures when a person in a household that includes a minor child applies for or renews an application for cash or medical assistance from the department:
 
A.  Enabling the department to review information about and inquire and ascertain whether a person who applies for or renews an application for cash or medical assistance has misused the identity of the child, including, but not limited to, the social security number and credit history of the child;
 
B.  Requiring that, in applying for or renewing an application for cash or medical assistance, the applicant and the child, if the child is able to sign a release, each sign a release authorizing the department to make the inquiry and to receive and review any information under paragraph A. The rules must require releases with respect to all children in a household; and
 
C.  Referring the matter to the Attorney General for consideration and possible legal action if the department determines that the identity of a child has been misused.
 
The department shall report by April 1st each year to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the results of inquiries, reviews of information and referrals made pursuant to this subsection.
 
SUMMARY
This bill directs the Department of Health and Human Services to adopt rules to protect a child from the misuse of the identity of the child for household, business or commercial purposes. The rules must provide for releases to make an inquiry, to review information and to refer a matter to the Attorney General if the department finds that a child's identity has been misused. The bill requires the department to report by April 1st each year to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the results of child identity inquiries, reviews of information and referrals.