reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 2: PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM; SERVICES › 34-B §5204. Services for juveniles committed to the Maine Youth Center (REPEALED)

§5204. Services for juveniles committed to the Maine Youth Center
(REPEALED)
SECTION HISTORY
PL 1983, c. 581, §56 (NEW). PL 1993, c. 410, §CCC31 (AMD). PL 1993, c. 738, §E2 (RP). PL 1993, c. 738, §E6 (AFF).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 2: PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM; SERVICES › 34-B §5205. Payment of burial expenses for state wards

§5205. Payment of burial expenses for state wards
The department shall pay burial expenses for persons who died while wards of the department as defined in section 5001, subsection 7, and who have no known survivors. The department may first apply to the cost of burial any funds that are available as part of a mortuary trust or any other funds of the ward remaining at the time of the ward's death that are available for this purpose.   [PL 1995, c. 560, Pt. K, §51 (AMD).]
SECTION HISTORY
PL 1989, c. 117 (NEW). PL 1993, c. 410, §CCC32 (AMD). PL 1995, c. 560, §K51 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 1: STATE-OPERATED FACILITIES FOR MENTALLY RETARDED PERSONS › 34-B §5401. Maintenance of facilities (REPEALED)

§5401. Maintenance of facilities
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1985, c. 503, §6 (AMD). PL 1995, c. 395, §G14 (AMD). PL 1995, c. 395, §G20 (AFF). PL 1995, c. 550, §3 (AMD). PL 2005, c. 457, §NN5 (RP). PL 2005, c. 457, §NN8 (AFF).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 1: STATE-OPERATED FACILITIES FOR MENTALLY RETARDED PERSONS › 34-B §5402. Pineland Center (REPEALED)

§5402. Pineland Center
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1985, c. 776 (AMD). PL 1993, c. 410, §CCC33 (AMD). PL 1993, c. 667, §§3-5 (AMD). PL 1995, c. 395, §G15 (RP). PL 1995, c. 395, §G20 (AFF).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 1: STATE-OPERATED FACILITIES FOR MENTALLY RETARDED PERSONS › 34-B §5403. Aroostook Residential Center (REPEALED)

§5403. Aroostook Residential Center
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1993, c. 410, §CCC34 (AMD). PL 1993, c. 667, §6 (AMD). PL 1995, c. 395, §G16 (AMD). PL 1995, c. 395, §G20 (AFF). PL 1995, c. 560, §K52 (AMD). PL 2003, c. 20, §G1 (RP). PL 2003, c. 20, §G3 (AFF).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 1: STATE-OPERATED FACILITIES FOR MENTALLY RETARDED PERSONS › 34-B §5404. Elizabeth Levinson Center (REPEALED)

§5404. Elizabeth Levinson Center
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1985, c. 503, §7 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 1: STATE-OPERATED FACILITIES FOR MENTALLY RETARDED PERSONS › 34-B §5405. Freeport Towne Square (REPEALED)

§5405. Freeport Towne Square
(REPEALED)
SECTION HISTORY
PL 1995, c. 550, §4 (NEW). PL 2005, c. 457, §NN5 (RP). PL 2005, c. 457, §NN8 (AFF).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 2: COMMUNITY-BASED SERVICES › 34-B §5431. Purpose

§5431. Purpose
The purpose of this Article is to assist in the establishment and expansion of community-based adult developmental services and programs for persons with intellectual disabilities or autism residing in the community and residing in privately operated residential care facilities.   [PL 2011, c. 542, Pt. A, §94 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2011, c. 542, Pt. A, §94 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 2: COMMUNITY-BASED SERVICES › 34-B §5432. Commissioner's duties

§5432. Commissioner's duties
The commissioner shall:   [PL 1983, c. 459, §7 (NEW).]
1.  Community participation.
Encourage persons in local communities to participate in the provision of supportive services for persons with intellectual disabilities or autism, so that persons in the community may have a better understanding of the need for those services;
[PL 2011, c. 542, Pt. A, §95 (AMD).]
2.  Financial assistance.
When offering assistance to community-based programs, follow the procedures set forth in this Article; and
[PL 1983, c. 459, §7 (NEW).]
3.  Rules.
Adopt rules, according to the Maine Administrative Procedure Act, Title 5, chapter 375, relating to the administration of the services authorized by this article and adopt major substantive rules, according to Title 5, chapter 375, subchapter 2‑A, relating to rate setting pursuant to Public Law 2005, chapter 12, Part BBBB and Public Law 2005, chapter 519, Part CCC.
[PL 2007, c. 237, §1 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1993, c. 410, §CCC35 (AMD). PL 2007, c. 237, §1 (AMD). PL 2011, c. 542, Pt. A, §95 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 2: COMMUNITY-BASED SERVICES › 34-B §5433. Commissioner's powers

§5433. Commissioner's powers
The commissioner may:   [PL 1983, c. 459, §7 (NEW).]
1.  Financial aid.
Allocate money for the development of group homes, capital construction, purchase of buildings, supportive services and for other activities, but only those applicants for funds whose programs provide for adequate standards of professional service qualify for funds from the department;
[PL 1983, c. 459, §7 (NEW).]
2.  Services and programs.
Provide and help finance adult developmental services and programs throughout the State for persons with intellectual disabilities or autism spectrum disorder or related conditions residing in the community and residing in privately owned residential care facilities;
[PL 2023, c. 89, §9 (AMD).]
3.  Cooperation.
Cooperate with other state agencies, municipalities, other governmental units, unincorporated associations and nonstock corporations in order to provide and help finance services and programs for persons with intellectual disabilities or autism;
[PL 2011, c. 542, Pt. A, §97 (AMD).]
4.  Available funds.
Receive and use for the purpose of this article money appropriated by the State, grants by the Federal Government, gifts from individuals and money from any other sources; and
[PL 1985, c. 768, §6 (AMD).]
5.  Transitional services coordination.
Participate with school administrative units in transition planning for each student with developmental disabilities who will be eligible for services under chapter 5 or 6 who is receiving special education services and who is 16 years of age or older, or 14 years of age if determined appropriate by the student's individualized education program team, and shall assign appropriate staff as a transition contact person and as a member of the transition planning team for each student.
[PL 2011, c. 348, §10 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1985, c. 768, §§6,7 (AMD). PL 2009, c. 147, §13 (AMD). PL 2011, c. 348, §10 (AMD). PL 2011, c. 542, Pt. A, §§96, 97 (AMD). PL 2023, c. 89, §9 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 2: COMMUNITY-BASED SERVICES › 34-B §5434. Municipalities and other governmental units

§5434. Municipalities and other governmental units
1.  Authorization.
A municipality or other governmental unit, such as a county, school district or health district, through its local board of health or other town or governmental agency approved by the commissioner, may adopt and carry out a program of adult developmental services established or approved by the commissioner and appropriate money for that purpose.
[PL 2011, c. 542, Pt. A, §98 (AMD).]
2.  Joint ventures.
A municipality or other governmental unit may join with another municipality or governmental unit to carry out such a program.
[PL 1983, c. 459, §7 (NEW).]
3.  Grants.
Upon application to the department by a municipality or other governmental unit, the commissioner may grant to the applicant money to be used for carrying out its adult developmental services, including any necessary capital expenditures or purchase of buildings.
[PL 2011, c. 542, Pt. A, §98 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2011, c. 542, Pt. A, §98 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 2: COMMUNITY-BASED SERVICES › 34-B §5435. Nongovernmental units

§5435. Nongovernmental units
1.  Department grants.
Upon application to the department by an unincorporated association or nonstock corporation organized for the improvement of community health and welfare, the commissioner may grant to the applicant money to be used for carrying out its adult developmental services, including any necessary capital expenditures or purchase of buildings.
[PL 2011, c. 542, Pt. A, §99 (AMD).]
2.  Department grants.
The department may make grants to nonprofit corporations for amounts that are reasonable, relative to the quantity and quality of services to be provided by the grantee.
A. The department may request a display of effort on the part of the grantee that appropriate local governmental and other funding sources have been sought to assist in the financing of the services for which the department is making the grant.   [PL 1995, c. 560, Pt. K, §53 (AMD).]
B. The department shall give consideration to the ability of the municipality or governmental unit to support the adult developmental services, as reflected by the State's evaluation of the component communities.   [PL 2011, c. 542, Pt. A, §100 (AMD).]
C. In making grants to unincorporated associations or nonstock corporations, the department shall take into account all income and resources.   [PL 1995, c. 560, Pt. K, §53 (AMD).]
[PL 2011, c. 542, Pt. A, §100 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1993, c. 410, §CCC36 (AMD). PL 1995, c. 560, §K53 (AMD). PL 2011, c. 542, Pt. A, §§99, 100 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 2: COMMUNITY-BASED SERVICES › 34-B §5436. Fees

§5436. Fees
1.  Authority.
Fees may be charged for services provided directly to individuals by any program authorized by the department, if the individual is financially able to pay.
[PL 1983, c. 459, §7 (NEW).]
2.  Use.
Fees received by a municipality, governmental unit, unincorporated association or nonstock corporation shall be used by each entity in carrying out its programs approved under this Article.
[PL 1983, c. 459, §7 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 2: COMMUNITY-BASED SERVICES › 34-B §5437. Contingency fund

§5437. Contingency fund
The department shall establish a contingency fund for use by persons with intellectual disabilities or autism who qualify for services under this chapter. This fund must be used in accordance with the following provisions.   [PL 2021, c. 187, §1 (AMD).]
1.  Approval of disbursements.
Disbursements must be approved by the commissioner or the commissioner's designee.
[PL 1993, c. 410, Pt. CCC, §38 (AMD).]
2.  List of approved usages.
The commissioner or the commissioner's designee and representatives of community-based facilities shall develop a list of approved usages of contingency funds.
[PL 1993, c. 410, Pt. CCC, §38 (AMD).]
3.  Approved usages; including.
Approved usages of contingency funds include, but are not limited to, the following:
A. Payment for special client assessment and treatment services not reimbursed through the principles of reimbursement for intermediate care facilities for persons with intellectual disabilities or autism;   [PL 2011, c. 542, Pt. A, §102 (AMD).]
B. Payment for special client needs, such as eyeglasses and wheelchairs and nonreimbursable medications; or   [PL 1985, c. 486, §2 (NEW).]
C. Payment for special staff needs to ensure appropriate client treatment.   [PL 1985, c. 486, §2 (NEW).]
[PL 2011, c. 542, Pt. A, §102 (AMD).]
4.  Disbursement not to be approved.
A disbursement for client needs may not be approved for any service or activity not recommended by a planning team or necessary to comply with regulations. A disbursement may not be made unless evidence is provided that the expense is not reimbursable by the Medicaid Program. It is the intent of the Legislature that the contingency fund established in this section be the funding source of last resort.
[PL 2003, c. 389, §1 (AMD).]
SECTION HISTORY
PL 1985, c. 486, §2 (NEW). PL 1987, c. 349, §H22 (AMD). PL 1987, c. 769, §A127 (AMD). PL 1989, c. 502, §A122 (AMD). PL 1993, c. 410, §§CCC37,38 (AMD). PL 1995, c. 560, §K54 (AMD). PL 2003, c. 389, §1 (AMD). PL 2011, c. 542, Pt. A, §§101, 102 (AMD). PL 2021, c. 187, §1 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 2: COMMUNITY-BASED SERVICES › 34-B §5438. Services for adults with diagnoses of intellectual disabilities or other developmental disabilities

§5438. Services for adults with diagnoses of intellectual disabilities or other developmental disabilities
To the extent possible using available resources, the department shall provide adults with diagnoses of intellectual disabilities and other developmental disabilities choices from among an array of supports and services, including but not limited to: employment supports, personal supports, day programs and residential services. The department shall pursue appropriate resources for the supports and services needed by adults covered under this chapter.   [PL 2011, c. 542, Pt. A, §103 (AMD).]
Revisor's Note: §5438. Program of state-funded consumer-directed personal care assistance services (As enacted by PL 2007, c. 240, Pt. OO, §2 is REALLOCATED TO TITLE 34-B, SECTION 5439)
SECTION HISTORY
PL 2007, c. 152, §1 (NEW). PL 2007, c. 240, Pt. OO, §2 (NEW). PL 2007, c. 695, Pt. A, §41 (RAL). PL 2011, c. 542, Pt. A, §103 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5462. Procedure policies

§5462. Procedure policies
1.  Steps.
It is the policy of the State that, in order to ensure that persons with intellectual disabilities or autism receive needed services, to the extent possible, the following steps must be taken for each person found by the department to have an intellectual disability or autism and be in need of services:
A. An assessment of the person's needs;   [PL 1983, c. 459, §7 (NEW).]
B. The development of a personal plan or service plan for the delivery and coordination of services to the person through a personal planning process; and   [PL 2013, c. 21, §6 (AMD).]
C. [PL 2013, c. 21, §7 (RP).]
D. Insofar as possible, obtaining high quality and suitable services for the person.   [PL 1983, c. 459, §7 (NEW).]
[PL 2013, c. 21, §§6, 7 (AMD).]
2.  Persons involved with procedures.
It is the policy of the State that:
A. To the extent possible, the person with an intellectual disability or autism and the person's guardian or next of kin be involved with the steps specified in subsection 1; and   [PL 2011, c. 542, Pt. A, §108 (AMD).]
B. An advocate be available to the person with an intellectual disability or autism throughout the steps specified in subsection 1.   [PL 2011, c. 542, Pt. A, §108 (AMD).]
[PL 2011, c. 542, Pt. A, §108 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1983, c. 580, §15 (AMD). PL 2003, c. 389, §6 (AMD). PL 2011, c. 542, Pt. A, §108 (AMD). PL 2013, c. 21, §§6, 7 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5463. Notice

§5463. Notice
The commissioner shall provide the client, if the client is competent; the client's next of kin or guardian, if any exists; and the client's advocate with timely written notice in advance of procedures and actions to be taken with respect to the development, implementation and assessment of personal plans and service plans.   [PL 2003, c. 389, §7 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2003, c. 389, §7 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5464. Correspondence and reports

§5464. Correspondence and reports
The commissioner shall provide the client, if the client is competent, the client's next of kin or legal guardian, if any exists, and the client's advocate with access to copies of correspondence and reports concerning the client, in accordance with section 1207.   [PL 1987, c. 769, Pt. A, §128 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1987, c. 769, §A128 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5465. Rules

§5465. Rules
1.  Duty.
The commissioner shall promulgate rules for the effective implementation of this Article.
[PL 1983, c. 459, §7 (NEW).]
2.  Requirements.
The rules shall include, but need not be limited to, information on:
A. The membership, functions and procedures of the planning teams;   [PL 2003, c. 389, §8 (AMD).]
B. The procedures to be used in developing personal plans and service plans and service agreements;   [PL 2003, c. 389, §8 (AMD).]
C. The rights of clients while in departmental programs; and   [PL 2013, c. 21, §8 (AMD).]
D. The rights and procedures for administrative review if there is dissatisfaction with any step of the process of receiving services specified in this Article, including provisions for the development of regional committees to review any dissatisfaction.   [PL 2013, c. 21, §8 (AMD).]
[PL 2013, c. 21, §8 (AMD).]
3.  Review.
The joint standing committee of the Legislature having jurisdiction over health and institutional services shall review all rules promulgated by the department pursuant to this Article by no later than March of each year.
[PL 1983, c. 459, §7 (NEW).]
4.  Public hearing and notice.
The commissioner shall hold at least one public hearing before promulgating these rules and notice of any public hearing shall be given pursuant to the Maine Administrative Procedure Act, Title 5, section 8053.
[PL 1983, c. 459, §7 (NEW).]
5.  Amendment or repeal.
The commissioner may amend or repeal rules at any time after giving notice and holding a hearing, as prescribed in subsection 4, with respect to the rules amended or repealed.
[PL 1983, c. 459, §7 (NEW).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2003, c. 389, §8 (AMD). PL 2013, c. 21, §8 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5466. Advocate

§5466. Advocate
1.  Entitlement.
Each client who receives services under sections 5467 to 5471 is entitled to have access to an advocate.
[PL 2013, c. 21, §9 (AMD).]
2.  List.
The commissioner shall develop a list of advocates for each region.
[PL 1995, c. 560, Pt. K, §55 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1983, c. 580, §16 (AMD). PL 1993, c. 410, §CCC39 (AMD). PL 1995, c. 560, §K55 (AMD). PL 2013, c. 21, §9 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5467. Application and preliminary procedures

§5467. Application and preliminary procedures
1.  Application.
An application for adult developmental services, on a form provided by the commissioner, must be initiated at or referred to a regional office of the department. Except for referrals identifying a possible need for adult protective services, the department shall accept only those referrals to which the client or client's guardian has consented.
[PL 2011, c. 542, Pt. A, §109 (AMD).]
2.  Preliminary procedures.
Within 10 work days from the day of the department's receipt of the application and a permission for service form signed by the client or the client's guardian, the department shall:
A. Determine when a visit to observe the client in the client's current environment or other setting familiar and comfortable to the client will be appropriate and useful;   [PL 2003, c. 389, §9 (AMD).]
B. Obtain a brief family survey;   [PL 1983, c. 459, §7 (NEW).]
C. Make a preliminary identification of the client's abilities and needs and of the relevant services presently available to the client;   [PL 2003, c. 389, §9 (AMD).]
D. Ensure the client's access to an advocate throughout the process of adult developmental services under sections 5467 to 5471;   [PL 2013, c. 21, §10 (AMD).]
E. Determine what information is needed to establish eligibility;   [PL 2003, c. 389, §9 (NEW).]
F. Provide services or referral for services to meet singular immediate needs for the client's health and safety; and   [PL 2003, c. 389, §9 (NEW).]
G. Begin to gather information for a service plan or a personal plan.   [PL 2003, c. 389, §9 (NEW).]
[PL 2013, c. 21, §10 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1983, c. 580, §17 (AMD). PL 1993, c. 410, §CCC40 (AMD). PL 1995, c. 560, §K56 (AMD). PL 2003, c. 389, §9 (AMD). PL 2011, c. 542, Pt. A, §§109, 110 (AMD). PL 2013, c. 21, §10 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5468. Evaluation

§5468. Evaluation
After completing the tasks specified in section 5467, subsection 2, the commissioner shall cause a comprehensive evaluation of the client, including a consideration of physical, emotional, social and cognitive factors, to be conducted if a recent comprehensive and informative evaluation is not already available to the department.   [PL 2003, c. 389, §10 (AMD).]
1.  Location.
The comprehensive evaluation shall be conducted locally, except where resources required to carry out the evaluation are not available.
[PL 1983, c. 459, §7 (NEW).]
2.  Comprehensive evaluation.
The comprehensive evaluation must be conducted by a person who is a licensed physician, licensed clinical psychologist or licensed psychological examiner and who has had training and experience in the diagnosis and treatment of persons with intellectual disabilities or autism.
[PL 2011, c. 542, Pt. A, §111 (AMD).]
3.  Evaluation of child.
[PL 1985, c. 503, §8 (RP).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1983, c. 580, §§18,19 (AMD). PL 1985, c. 503, §8 (AMD). PL 2003, c. 389, §10 (AMD). PL 2011, c. 542, Pt. A, §111 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5469. Report

§5469. Report
Within 90 days of the day of the application made under section 5467, the department shall obtain a report of the comprehensive evaluation made under section 5468, which must state specifically whether or not the client has an intellectual disability or autism.   [PL 2011, c. 542, Pt. A, §112 (AMD).]
1.  Client without an intellectual disability or autism.
If the comprehensive evaluation concludes that the client does not have an intellectual disability or autism, the department shall deny the application for services, care and treatment, but shall make appropriate referrals in cases where clear needs of the client exist.
[PL 2011, c. 542, Pt. A, §112 (AMD).]
2.  Client with an intellectual disability or autism.
If the comprehensive evaluation concludes that the client has an intellectual disability or autism and is in need of services:
A. The department, through the regional office, shall determine the client's case management status and develop a personal plan or service plan; and   [PL 2003, c. 389, §11 (AMD).]
B. The department, through the planning team, shall develop a personal plan or service plan for the client within 45 days of the date of the determination of eligibility. Implementation of the plan is governed by section 5471, subsection 4.   [PL 2003, c. 389, §11 (AMD).]
[PL 2011, c. 542, Pt. A, §112 (AMD).]
3.  Preschool child.
If the report of the comprehensive evaluation concludes that a child, aged 0 to 5 years, is developmentally delayed and is in need of infant development services or other early intervention services:
A. The department, through the regional office, shall develop a personal plan or service plan, or both; and   [PL 2003, c. 389, §12 (AMD).]
B. If a personal plan is to be developed, the department, through the planning team, shall develop and begin to implement a personal plan for the client within 60 days of the application made under section 5467.   [PL 2003, c. 389, §12 (AMD).]
[PL 2003, c. 389, §12 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1983, c. 580, §20 (RPR). PL 1995, c. 560, §K57 (AMD). PL 2003, c. 388, §1 (AMD). PL 2003, c. 389, §§11,12 (AMD). PL 2011, c. 542, Pt. A, §112 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5470. Prescriptive program plan (REPEALED)

§5470. Prescriptive program plan
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1983, c. 580, §21 (AMD). PL 2003, c. 389, §13 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5470-A. Personal planning process (REPEALED)

§5470-A. Personal planning process
(REPEALED)
SECTION HISTORY
PL 2003, c. 389, §14 (NEW). PL 2007, c. 356, §20 (RP). PL 2007, c. 356, §31 (AFF).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5471. Service agreements

§5471. Service agreements
1.  Service agreement required.
Each personal plan or service plan must be carried out pursuant to a written service agreement.
[PL 2003, c. 389, §15 (AMD).]
2.  Signatures.
Each service agreement must be signed and dated by at least:
A. The client, if the client is able;   [PL 2003, c. 389, §15 (AMD).]
B. The client's guardian or next of kin, if that person exists and is available;   [PL 1983, c. 459, §7 (NEW).]
C. A client advocate, if the client has no guardian;   [PL 1983, c. 459, §7 (NEW).]
D. The individual support coordinator of the planning team that developed the personal plan or service plan for the client; and   [PL 2013, c. 21, §11 (AMD).]
E. [PL 2013, c. 21, §12 (RP).]
F. [PL 2013, c. 21, §13 (RP).]
G. The chief administrative officer, or the chief administrative officer's agent, of other public or private agencies or groups that agree to provide services to the client.   [PL 2003, c. 389, §15 (AMD).]
[PL 2013, c. 21, §§11-13 (AMD).]
3.  Contents.
Each service agreement must include at least the following information.
A. It must specify the respective responsibilities, where applicable, of the client, the family or guardian of the client, the regional office and each public and private agency that intends to provide services to the client.   [PL 2013, c. 21, §14 (AMD).]
B. It must identify by job classification or other description each individual who is responsible for carrying out each part of the service plan or personal plan.   [PL 2003, c. 389, §15 (AMD).]
C.   [PL 2003, c. 389, §15 (RP).]
[PL 2013, c. 21, §14 (AMD).]
4.  Implementation of service plan or personal plan.
Implementation of a service plan or personal plan is governed as follows.
A. No part of a service plan or personal plan may be implemented until each person required to sign the service agreement under subsection 2 has signed it.   [PL 2013, c. 21, §15 (AMD).]
B. Any existing service plan or personal plan is considered to be in effect until all persons required to sign under subsection 2 have signed the new service agreement.   [PL 2003, c. 389, §15 (AMD).]
C. A service plan or personal plan may not be in effect longer than one year and 2 weeks from the day on which the last person signed the service agreement for the plan.   [PL 2003, c. 389, §15 (AMD).]
[PL 2013, c. 21, §15 (AMD).]
5.  Review.
[PL 2003, c. 389, §15 (RP).]
6.  Amendment.
Any major changes in a client's service plan or personal plan may occur only after the service agreement has been amended and signed by the persons specified in subsection 2.
[PL 2003, c. 389, §15 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1995, c. 560, §K58 (AMD). PL 2003, c. 389, §15 (AMD). PL 2013, c. 21, §§11-15 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5472. Preadmission visit (REPEALED)

§5472. Preadmission visit
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2013, c. 21, §16 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5473. Voluntary admissions (REPEALED)

§5473. Voluntary admissions
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1993, c. 410, §CCC41 (AMD). PL 1995, c. 395, §G17 (AMD). PL 1995, c. 395, §G20 (AFF). PL 1995, c. 560, §K59 (AMD). PL 2003, c. 389, §§16,17 (AMD). PL 2013, c. 21, §17 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5474. Involuntary admissions (REPEALED)

§5474. Involuntary admissions
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1985, c. 503, §9 (AMD). PL 2011, c. 542, Pt. A, §115 (AMD). PL 2013, c. 21, §18 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5475. Judicial certification procedures (REPEALED)

§5475. Judicial certification procedures
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1983, c. 580, §22 (AMD). PL 1985, c. 397, §§1-2 (AMD). PL 1985, c. 503, §10 (AMD). RR 1995, c. 2, §88 (COR). PL 2001, c. 354, §3 (AMD). PL 2003, c. 389, §18 (AMD). PL 2003, c. 689, §B7 (REV). PL 2007, c. 539, Pt. N, §§68, 69 (AMD). PL 2011, c. 542, Pt. A, §116 (AMD). PL 2013, c. 21, §19 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5476. Judicial commitment (REPEALED)

§5476. Judicial commitment
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1983, c. 580, §23 (RPR). PL 1983, c. 763 (AMD). PL 2003, c. 389, §19 (AMD). PL 2011, c. 542, Pt. A, §117 (AMD). PL 2013, c. 21, §20 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5477. Emergency procedures (REPEALED)

§5477. Emergency procedures
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1983, c. 580, §§24,25 (AMD). PL 1987, c. 736, §55 (AMD). PL 2011, c. 542, Pt. A, §§118, 119 (AMD). PL 2013, c. 21, §21 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5478. Continuation of treatment in a facility (REPEALED)

§5478. Continuation of treatment in a facility
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1983, c. 580, §26 (RPR). PL 2003, c. 389, §20 (AMD). PL 2011, c. 542, Pt. A, §120 (AMD). PL 2013, c. 21, §22 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5479. Post-admission responsibilities of the department (REPEALED)

§5479. Post-admission responsibilities of the department
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 2003, c. 389, §21 (AMD). PL 2013, c. 21, §23 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5480. Client's right to leave facility (REPEALED)

§5480. Client's right to leave facility
(REPEALED)
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1983, c. 580, §27 (AMD). PL 2003, c. 389, §22 (AMD). PL 2013, c. 21, §24 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 3: SERVICES FOR PERSONS WITH INTELLECTUAL DISABILITIES OR AUTISM › Article 3: PROCEDURES › 34-B §5481. Rates for fee-for-service programs (REPEALED)

§5481. Rates for fee-for-service programs
(REPEALED)
SECTION HISTORY
PL 1995, c. 685, §1 (NEW). PL 2001, c. 354, §3 (AMD). PL 2003, c. 689, §B6 (REV). PL 2007, c. 539, Pt. Y, §1 (RP).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 4: RIGHTS OF PERSONS WITH INTELLECTUAL DISABILITIES, AUTISM OR ACQUIRED BRAIN INJURY › 34-B §5602. Purpose

§5602. Purpose
It is the intent of the Legislature to guarantee individual dignity, liberty, pursuit of happiness and the protection of the civil and legal rights of persons with intellectual disabilities, autism or acquired brain injuries and to articulate rights of persons with intellectual disabilities, autism or acquired brain injuries, so that these rights may be exercised and protected.   [PL 2021, c. 284, Pt. A, §5 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1993, c. 326, §8 (AMD). PL 2011, c. 542, Pt. A, §125 (AMD). PL 2021, c. 284, Pt. A, §5 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 4: RIGHTS OF PERSONS WITH INTELLECTUAL DISABILITIES, AUTISM OR ACQUIRED BRAIN INJURY › 34-B §5603. Entitlement

§5603. Entitlement
Each person with an intellectual disability, autism or an acquired brain injury is entitled to the rights enjoyed by citizens of the State and of the United States, unless some of these rights have been limited or suspended by a court of competent jurisdiction.   [PL 2021, c. 284, Pt. A, §6 (AMD).]
1.  Person committed to the commissioner.
The rights and basic protections set out in section 5605 of a person with an intellectual disability, autism or an acquired brain injury who is committed to the commissioner as not criminally responsible pursuant to Title 15, section 103 or as incompetent to stand trial pursuant to Title 15, section 101‑D may be limited or suspended only if the commissioner submits to the applicable court a written treatment plan that specifies each limitation of a right or basic protection and the treatment plan has been approved by the court.
[PL 2021, c. 284, Pt. A, §6 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1993, c. 326, §8 (AMD). PL 2011, c. 186, Pt. A, §14 (AMD). PL 2011, c. 542, Pt. A, §126 (AMD). PL 2021, c. 284, Pt. A, §6 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 4: RIGHTS OF PERSONS WITH INTELLECTUAL DISABILITIES, AUTISM OR ACQUIRED BRAIN INJURY › 34-B §5604-A. Duty to report incidents; Adult Protective Services Act and rights violations

§5604-A. Duty to report incidents; Adult Protective Services Act and rights violations
1.  Report incident.
A person with knowledge about an incident related to client care, including client-to-client assault, staff-to-client assault, use of seclusion or excessive use of mechanical or chemical restraint, incidents stemming from questionable psychiatric and medical practice or any other alleged abuse or neglect, shall immediately report the details of that incident pursuant to policies and procedures established by the department in rules.
[PL 2007, c. 356, §24 (NEW); PL 2007, c. 356, §31 (AFF).]
2.  Maintain reporting system.
The department shall maintain a reportable event and adult protective services system that provides for receiving reports of alleged incidents, prioritizing such reports, assigning reports for investigation by qualified investigators, reviewing the adequacy of the investigations, making recommendations for preventive and corrective actions as appropriate and substantiating allegations of abuse, neglect or exploitation in accordance with Title 22, chapter 958‑A. The department shall fully establish the reportable event and adult protective services system through rulemaking.
[PL 2019, c. 661, §4 (AMD).]
3.  Violation.
All persons with knowledge of an alleged violation of the rights of an individual with an intellectual disability or autism as set out in section 5605 shall promptly report the details of the alleged violation to the advocacy agency designated pursuant to Title 5, section 19502 as set forth in department rules.
[PL 2011, c. 657, Pt. EE, §8 (AMD).]
4.  Rules.
Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2007, c. 356, §24 (NEW); PL 2007, c. 356, §31 (AFF).]
SECTION HISTORY
PL 2007, c. 356, §24 (NEW). PL 2007, c. 356, §31 (AFF). PL 2011, c. 542, Pt. A, §128 (AMD). PL 2011, c. 657, Pt. EE, §8 (AMD). PL 2019, c. 661, §4 (AMD). PL 2021, c. 284, Pt. A, §3 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 4: RIGHTS OF PERSONS WITH INTELLECTUAL DISABILITIES, AUTISM OR ACQUIRED BRAIN INJURY › 34-B §5606. Violations

§5606. Violations
1.  Reportable events.
Any alleged violation of the rights of a person receiving services must be reported immediately to the advocacy agency designated pursuant to Title 5, section 19502, referred to in this subsection as "the agency," and to the Attorney General's office.
A. The agency shall investigate each alleged violation pursuant to section 5005‑A.   [PL 2013, c. 310, §8 (AMD).]
B. The agency may independently pursue a complaint or may pursue administrative, legal and other appropriate remedies on behalf of an individual with intellectual disabilities or autism. The agency may refuse to take action on any alleged violation that it considers to be trivial, to be moot or to lack merit or for which there is clearly another remedy available or may refer an individual who is the subject of an alleged violation to another agency or entity and collaborate with that agency or entity for the purpose of advocating for the rights and dignity of that individual.   [PL 2013, c. 310, §8 (AMD).]
[PL 2013, c. 310, §8 (AMD).]
2.  Civil liability.
Any person who violates or abuses any rights or privileges of persons receiving services granted by this subchapter is liable for damages as determined by law.
A. Civil damages may be awarded for negligent or intentional violations of this subchapter.   [PL 1983, c. 459, §7 (NEW).]
B. Good-faith compliance with the provisions of this subchapter in connection with evaluation, admission, habilitation programming, education, treatment or discharge of a person receiving services is a defense to a civil action under this subchapter.   [PL 1993, c. 326, §10 (AMD).]
[PL 1993, c. 326, §10 (AMD).]
3.  Prohibited acts; penalty; defense.
A person is guilty of violation of the rights of a person with an intellectual disability or autism who is receiving services if that person intentionally violates or abuses any rights or privileges of persons receiving services granted by this subchapter.
A. Violation of the rights of a person with an intellectual disability or autism who is receiving services is a Class E crime.   [PL 2011, c. 542, Pt. A, §130 (AMD).]
B. Good-faith compliance with the provisions of this subchapter in connection with evaluation, admission, habilitation programming, education, treatment or discharge of a person receiving services is a defense to prosecution under this subchapter.   [PL 1993, c. 326, §10 (AMD).]
[PL 2011, c. 542, Pt. A, §130 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1993, c. 326, §10 (AMD). PL 2005, c. 457, §OO3 (AMD). PL 2005, c. 457, §OO5 (AFF). PL 2005, c. 519, §RR3 (AMD). PL 2005, c. 519, §RR4 (AFF). PL 2007, c. 356, §26 (AMD). PL 2007, c. 356, §31 (AFF). PL 2011, c. 542, Pt. A, §130 (AMD). PL 2011, c. 657, Pt. EE, §11 (AMD). PL 2013, c. 310, §8 (AMD). PL 2021, c. 284, Pt. A, §3 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 4: RIGHTS OF PERSONS WITH INTELLECTUAL DISABILITIES, AUTISM OR ACQUIRED BRAIN INJURY › 34-B §5607. Notice of rights

§5607. Notice of rights
The commissioner shall provide a written copy of this subchapter and of section 1207 to each person receiving services and, if the person receiving services has been adjudged incompetent, to the parent or guardian of the person receiving services.   [PL 1993, c. 326, §11 (AMD).]
1.  Prompt notification.
Each person receiving services must be promptly informed in clear language of that person's legal rights.
[PL 1993, c. 326, §11 (AMD).]
2.  Posting requirement.
A copy of this subchapter must be posted by each provider.
[PL 2011, c. 186, Pt. A, §35 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1987, c. 769, §A130 (AMD). PL 1993, c. 326, §11 (AMD). PL 2011, c. 186, Pt. A, §35 (AMD). PL 2021, c. 284, Pt. A, §3 (AMD).
2023 Maine Revised Statutes › TITLE 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES › Chapter 5: INTELLECTUAL DISABILITIES AND AUTISM › Subchapter 4: RIGHTS OF PERSONS WITH INTELLECTUAL DISABILITIES, AUTISM OR ACQUIRED BRAIN INJURY › 34-B §5608. Residential council

§5608. Residential council
Upon request of a person receiving services, a residential provider shall offer an opportunity to a person receiving services from the provider to organize a residential council to hear the views and represent the interests of persons receiving services from the provider.   [PL 2011, c. 186, Pt. A, §36 (AMD).]
1.  Composition.
The residential council of the persons receiving services must be composed of residents elected by other residents. The residential council may include allies elected by the residents.
[PL 2011, c. 186, Pt. A, §36 (AMD).]
2.  Duties.
The residential council shall work closely with the department and the advocacy agency designated pursuant to Title 5, section 19502 to promote the interests and welfare of all persons receiving services from the provider.
[PL 2011, c. 657, Pt. EE, §12 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1993, c. 326, §12 (AMD). PL 1993, c. 410, §CCC42 (AMD). PL 2011, c. 186, Pt. A, §36 (AMD). PL 2011, c. 657, Pt. EE, §12 (AMD). PL 2021, c. 284, Pt. A, §3 (AMD).