Maine
22 M.R.S. § 4011-A(1)(A)(27) — Maine mandatory-reporter statute (clergy named, confidential-communications carveout)
- Clergy named as mandatory reporter?
- Yes
- Confessional exemption?
- Yes
- Statute
- 22 M.R.S. § 4011-A(1)(A)(27)
- Clergy named
- Expressly
- Pending
- —
Maine's mandatory-reporter statute names clergy directly. Section 4011-A(1)(A)(27) lists 'a clergy member acquiring the information as a result of clerical professional work' as a mandated reporter, and then qualifies it: 'except for information received during confidential communications.' The duty and its built-in exit are written into the same clause. A second tier of coverage reaches further. Section 4011-A(1)(C) sweeps in any person affiliated with a church or religious institution who serves in an administrative capacity or has otherwise assumed a position of trust or responsibility, regardless of compensation. The 2026 enactment of LD 2105 (Public Law Chapter 667) updated § 4011-A's timing and procedures while retaining both the clergy enumeration and the administrative-role backstop. The boundary of the carveout is set not by the reporting statute itself, but by Maine Rule of Evidence 505. Rule 505(b) grants a person the privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made to a member of the clergy acting as a spiritual adviser. The rule defines 'member of the clergy' broadly and defines 'confidential' as a communication made privately and not intended for further disclosure. The combined effect is that a clergy member who learns of abuse in a setting that qualifies as confidential under Rule 505 is not required to report under § 4011-A(1)(A)(27). Maine's penalty for knowing non-compliance is a civil forfeiture of not more than $500 under § 4009, a modest enforcement mechanism relative to the scope of the carveout. The statute names clergy, the evidence rules protect the most sensitive disclosures, and the penalty is light. That combination is part of what UCO's work exists to address, state by state, until every child's voice is heard.