reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 10 - RULES FOR SHORT-TERM EMERGENCY CARE › Section 148-10-7 - Consent of Parent(s)

Current through 2024-29, July 17, 2024
A. Consent may be
				accepted by the Department from one parent having legal custody of the child,
				unless there is reason to believe that the other parent having custody would
				object.
B. Written consent will be
				obtained whenever practical.
C.
				Verbal consent may be accepted, if confirmed by at least 1 other reliable
				adult, other than the other parent.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 10 - RULES FOR SHORT-TERM EMERGENCY CARE › Section 148-10-8 - Consent for Medical Treatment

Current through 2024-29, July 17, 2024
A. If a child
				receiving short-term emergency services appears to need emergency medical
				treatment, such treatment can be authorized by the Department if no parent is
				available to consent.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 10 - RULES FOR SHORT-TERM EMERGENCY CARE › Section 148-10-9 - Financial Responsibility for Services Provided

Current through 2024-29, July 17, 2024
A. Parents will be asked if they can assume
				costs of short-term emergency care at the time they are contacted.
1. Partial payment or waiver-of payment may
				be accepted when parents have financial hardship.
2. Parents able but unwilling to pay for care
				may be referred to Support Enforcement and location unit for consideration of
				possible court action, if appropriate to the case plan.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 10 - RULES FOR SHORT-TERM EMERGENCY CARE › Section 148-10-10 - Limitations on Emergency Services

Current through 2024-29, July 17, 2024
A. Services per
				incident may not extend beyond 72 hours from the time of the onset of
				departmental services for the child.
B. Services will terminate immediately.
1. If parent(s), when contacted, do not
				consent to continuing emergency services.-
2. If the child clearly indicates he no
				longer desires emergency services.
3. If services appropriate to the child's
				needs are provided under another program, such as voluntary or court-ordered
				care.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 11 - RULES FOR ADVOCACY SERVICES FOR CLIENTS OF THE DEPARTMENT OF HUMAN SERVICES › Section 148-11-I - Definitions

Current through 2024-29, July 17, 2024
A. Agency, Agency shall mean the Protection
				and Advocacy Agency for Developmentally Disabled in Maine as specified in 22
				MRSA Chapter 961.
B. Department:
				Department shall mean Department of Human Services.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 11 - RULES FOR ADVOCACY SERVICES FOR CLIENTS OF THE DEPARTMENT OF HUMAN SERVICES › Section 148-11-II - Notice

Current through 2024-29, July 17, 2024
When the Agency receives a complaint which gives reason to
				  believe that the rights of a developmentally disabled person in the care or
				  custody of the Department have been or are being violated, it shall notify the
				  Regional Program Manager in the Region where the developmentally disabled
				  person in the care or custody of the Department resides and shall
				  include:
A. Identification of the
				developmentally disabled person;
B.
				The specific rights which it believes have been or are being
				violated;
C. The manner in which it
				believes the rights have been or are being violated or the reason for that
				belief;
D. Specification of whether
				the advocacy agency is requesting to be appointed as advocate to represent the
				developmentally disabled person;
E.
				Specification whether the advocacy agency wishes to communicate directly with
				the developmentally disabled person, unless the developmentally disabled person
				is the complaining party;
F. A
				request for those records relevant to the rights believed to be violated of the
				developmentally disabled persons;
G. A request for a meeting to discuss the
				complaint;
H. A request for desired
				corrective action, if any.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 11 - RULES FOR ADVOCACY SERVICES FOR CLIENTS OF THE DEPARTMENT OF HUMAN SERVICES › Section 148-11-III - Response to Notification

Current through 2024-29, July 17, 2024
Within five work days of receipt of notification, the
				  Regional Program Manager shall respond in writing to the agency specifying the
				  following:
A. Which of the requested
				records will be made available to the agency, and a time and place where those
				records may be reviewed;
B. If any
				requested records are refused, the specific reasons for the refusal. Reasons
				for refusal may include:
1. That the requested
				material is not relevant to the complaint;
2. That the requested material is
				confidential and pertains to persons other than the developmentally disabled
				client, and is not relevant to the complaint;
3. That release of the information is in
				violation of state and federal law;
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 11 - RULES FOR ADVOCACY SERVICES FOR CLIENTS OF THE DEPARTMENT OF HUMAN SERVICES › Section 148-11-IV - Use of-Records

Current through 2024-29, July 17, 2024
A. If the
				disclosure to the agency of contents of certain records are detrimental to the
				best interests of the developmentally disabled person, such records will not be
				disclosed.
B. Records which contain
				personally identifying information can be used only when:
1. It is essential to assure the rights of
				the developmentally disabled person;
2. Release of personally identifying
				information will not be detrimental to the best interests of the
				developmentally disabled person.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 11 - RULES FOR ADVOCACY SERVICES FOR CLIENTS OF THE DEPARTMENT OF HUMAN SERVICES › Section 148-11-V - Administrative Review

Current through 2024-29, July 17, 2024
If the agency is dissatisfied with the response received from
				  the Regional Program Manager it ray request an Administrative Review in writing
				  to the Deputy Commissioner, Social and Rehabilitation Services. Such request
				  shall include:
A. Copy of letter of
				notification to Regional Program Manager;
B. Copy of response from Regional Program
				Manager;
C. The response to the
				Department's reason for denying their request.
Within five work days the Deputy Commissioner, Social and
				  Rehabilitation Services or his designee shall arrange a meeting between
				  himself, representatives of the agency, and representatives of the Regional
				  Office to review the request and reasons for denial, and he shall inform the
				  agency in writing of his decision within five work days of the
				  meeting.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 11 - RULES FOR ADVOCACY SERVICES FOR CLIENTS OF THE DEPARTMENT OF HUMAN SERVICES › Section 148-11-VI - Fair Hearing

Current through 2024-29, July 17, 2024
If the agency wishes to appeal the results of the
				  Administrative Review it may request a Fair Hearing in accordance with the
				  Maine Administrative Procedure Act, Title 5, Chapter 375.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 11 - RULES FOR ADVOCACY SERVICES FOR CLIENTS OF THE DEPARTMENT OF HUMAN SERVICES › Section 148-11-VII - Confidentiality

Current through 2024-29, July 17, 2024
A. Records made available to the advocacy
				agency in accordance with Section IV are to be made available only to
				professional staff of the advocacy agency not to volunteers.
B. The advocacy agency will be bound by the
				same principles and laws of confidentiality and rules regarding Use and
				Disclosure of Information to which Department staff are bound.
C. Except as provided in this agreement, by
				22 MRSA, c. 961, or by Federal law, access to records shall not be further
				limited by Department policies.
D.
				A minor who is competent to understand the purposes, significance, and results
				of giving access to his records may refuse to give consent to an investigation
				or to copying use or disclosure of his records by the advocacy
				agency,
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 11 - RULES FOR ADVOCACY SERVICES FOR CLIENTS OF THE DEPARTMENT OF HUMAN SERVICES › Section 148-11-VIII - Surrogate Parent

Current through 2024-29, July 17, 2024
When the agency is appointed surrogate parent by the
				  Commissioner of the Department of Educational and Cultural Services, the agency
				  in its capacity of surrogate parent has the rights and responsibilities of a
				  surrogate parent as specified in federal and state law and
				  rules.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 12 - RULES FOR PERMANENCY GUARDIANSHIP › Section 148-12-1 - GENERAL STATEMENT OF POLICY

Current through 2024-29, July 17, 2024
Permanency Guardianship provides a permanency option to
				  children who might otherwise remain in foster care until the age of majority.
				  The State has developed a comprehensive program to provide relatives and other
				  individuals the opportunity to become the permanency guardians of children in
				  the custody of the State or of Tribal authorities in the State of Maine.
				  Through the provision of a financial subsidy, the state seeks to promote the
				  utilization of guardianship and improved permanency outcomes for children in
				  out-of-home placement.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 12 - RULES FOR PERMANENCY GUARDIANSHIP › Section 148-12-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
As used in these rules, the following definitions shall
				  apply:
a. The term "Department" refers
				to the Department of Heath and Human Services.
b. For guardianship subsidy purposes, the
				term "child" refers to a special needs child in the custody of the Department
				or of Tribal authorities in the State of Maine.
c. The term "family" refers to any person or
				persons who wishes to apply for guardianship subsidy.
d. The term "special needs" refers to a child
				with one or more of the following characteristics:
1 Has a physical, mental or emotional
				handicap that makes placement difficult;
2 Has a medical condition that makes
				placement difficult;
3 Is a member
				of a sibling group that includes at least one member who is difficult to
				place.
4 Is age 5 or
				older;
5 Is difficult to place
				because of race;
6 Has been a
				victim of physical, emotional or sexual abuse or neglect that places the child
				at risk for future emotional difficulties; or
7 Has factors in the child's background such
				as severe mental illness, substance abuse, genetic or medical conditions or
				illnesses that place the child at risk for future problems. For purposes of
				this definition "at risk" is meant to have some significance in a statistical,
				mental health or medical sense, i.e., some probability of occurrence that is
				not merely speculative or statistically insignificant.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 12 - RULES FOR PERMANENCY GUARDIANSHIP › Section 148-12-3 - ELIGIBILITY CRITERIA

Current through 2024-29, July 17, 2024
The child and permanency guardian are eligible for the
				  guardianship subsidy only if all of the following criteria are met.
a. The child must be in the legal custody of
				the Department or Tribes;
b.
				Reunification for the child must no longer be a viable permanency
				option;
c. The child must meet the
				definition of a "special needs child";
d. Permanency Guardianship must be considered
				to be in the best interest of the child by the court; and
e. The family must have been studied and
				approved as meeting the Department's/Tribe's standards for permanency
				guardianship either by the Department, Tribes or by a licensed child-placing
				agency prior to placement in Permanency Guardianship status. Appointment by the
				District Court as a permanency guardian does not establish that the permanency
				guardian meets the standards for permanency guardianship for purposes of the
				guardianship subsidy.
f. The
				permanency option of adoption must receive careful consideration prior to
				consideration of permanency guardianship.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 12 - RULES FOR PERMANENCY GUARDIANSHIP › Section 148-12-4 - TYPES OF SUBSIDIES

Current through 2024-29, July 17, 2024
The following types of subsidies are available:
a.
Long Term Assistance
A bi-weekly payment to the eligible family that may continue
				  until the child attains the age of eighteen (or until the child is age 21 where
				  the state determines the child has need for educational benefits or has a
				  physical, mental or emotional handicap that warrants the continuation of
				  assistance).
b.
Limited Period Assistance
1 A bi-weekly
				payment for limited period of time.
2 Payment (on a recurring basis for a
				specified period of time) of medical or mental health costs (such as
				orthodontia, medical treatment, physical and mental health therapy,
				etc.).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 12 - RULES FOR PERMANENCY GUARDIANSHIP › Section 148-12-5 - AMOUNT AND DURATION OF SUBSIDY

Current through 2024-29, July 17, 2024
a. The amount of
				assistance may vary, depending on the circumstances of the permanency guardian
				(including, but not limited to, income, indebtedness, family size, special
				needs, etc.), the special needs of the child, and the availability of other
				resources. The amount of long term, limited period, or one-payment assistance,
				or any combination thereof, may not exceed the cost of caring for the child if
				the child had remained in the custody of the Department in a family foster
				home.
b. The permanency guardian
				may apply for third party benefit payments on behalf of the child. If such
				benefits are available for the child, the guardian shall notify the Department
				of the application for and receipt of the benefits.
c. In no instance shall assistance continue
				past the time when the child attains the age of eighteen (or until the child is
				age 21 where the state determines the child has need of educational benefits or
				has a physical, mental or emotional handicap which warrants the continuation of
				permanency guardianship subsidy).
d. If the permanency guardian and child move
				to another state, payments will continue according to the agreement between the
				permanency guardian and the Department as long as the child continues to be
				eligible based on the annual review.
e. Guardianship payments will terminate if
				the Department determines that the permanency guardian is no longer legally
				responsible for the child or if the Department determines that the child is no
				longer receiving any support from the permanency guardian.
f. The permanency guardian is responsible for
				immediately notifying the Department's Adoption Program Specialist in writing
				of any changes in the needs of the child, the circumstances of the family, or
				other benefits available for the child's support, that may affect his or her
				eligibility for assistance or the amount of assistance required. The permanency
				guardian shall notify the Department's Adoption Program Specialist in writing
				within 10 days of the change.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 12 - RULES FOR PERMANENCY GUARDIANSHIP › Section 148-12-6 - ANNUAL REVIEW

Current through 2024-29, July 17, 2024
The Department will annually review each permanency guardian
				  who receives a subsidy to determine if the permanency guardian remains eligible
				  for the subsidy, and to review the amount of the subsidy. The permanency
				  guardian must provide the Department with any information that the Department
				  requests in order for it to conduct the review.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 12 - RULES FOR PERMANENCY GUARDIANSHIP › Section 148-12-7 - AGREEMENT BETWEEN THE APPROVED PERMANENCY GUARDIAN AND THE DEPARTMENT

Current through 2024-29, July 17, 2024
a. A written agreement between the family
				entering into assisted guardianship and the Department must precede the entry
				of the District Court order creating the permanency guardianship.
b. The Commissioner of the Department or his
				designee will sign the agreement on behalf of the Department.
c. The agreement shall include the following:
1 The amount and type of payments;
2 The duration of the agreement;
3 The process for annual review of
				eligibility and amount;
4 A
				statement that the family must immediately notify in writing the Department's
				Adoption Program Specialist of any changes in address, custody, or living
				arrangements or changes in benefits for the child.
5 A statement providing whether the
				Department will continue to provide subsidy payments if the permanency guardian
				and child move out of state;
6 A
				statement specifying how the permanency guardian shall be notified of any
				changes in the rates of payments and how he or she may request
				changes.
7 A statement that the
				subsidy begins on the date that the District Court or Tribal court enters an
				order establishing the guardianship.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 12 - RULES FOR PERMANENCY GUARDIANSHIP › Section 148-12-8 - PROCEDURES

Current through 2024-29, July 17, 2024
The following procedure applies to each type of subsidy
				  listed in section
				  4 above:
(1) The Department, a licensed child-placing
				agency approved by the Department, or the Tribe will study the family to
				determine whether the family meets the Department's or Tribes standards for
				permanency guardianship.
(2) A
				family who desires a guardianship subsidy must make application to the
				Department on the Department's forms for that purpose. The form will notify the
				applicant of the right to an administrative hearing if the application is
				denied.
(3) The application and
				written agreement, signed by the permanency guardian, shall be sent to the
				Office of Child and Family Services of the Department for presentation to the
				Commissioner or his designee. The agreement is not effective until signed by
				the Commissioner or his designee.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 12 - RULES FOR PERMANENCY GUARDIANSHIP › Section 148-12-9 - TRANSFERRAL TO LEGAL GUARDIAN

Current through 2024-29, July 17, 2024
Upon the death of a permanency guardian, the department may
				  enter into a new assistance agreement with a new permanency
				  guardian.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 12 - RULES FOR PERMANENCY GUARDIANSHIP › Section 148-12-10 - APPEALS

Current through 2024-29, July 17, 2024
Any permanency guardian who is receiving guardianship
				  subsidies is entitled to appeal any decision made by the Department concerning
				  his or her specific subsidy. To appeal a decision, a written request for an
				  Administrative Hearing must be made to the Commissioner or his designee within
				  10 days of the decision.
No appeal is available to an adjustment made to a subsidy as
				  the result of a system-wide, across-the-board change in the guardianship
				  subsidy program, including but not limited to a change in eligibility criteria
				  or payment rates or systems.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 13 - RULES FOR THE ADOPTION ASSISTANCE PROGRAM › Section 148-13-1 - GENERAL STATEMENT OF POLICY

Current through 2024-29, July 17, 2024
Adoption assistance is an ongoing program within the
				  Department of Human Services to make adoption possible for children who
				  otherwise may not be adopted. Its purpose is to enable the child to become a
				  permanent member of a family and to provide the benefits of family security,
				  love, and nurture for children in special circumstances presently in the
				  custody of the Department of Human Services or a non-profit private adoption
				  agency, licensed to operate in Maine. Adoption assistance may be authorized to
				  supplement the resources of approved adoptive families in order to meet a
				  portion of the basic needs of the eligible child without lowering the standard
				  of living of the family. In all instances the primary consideration in whether
				  to place the child for adoption is the best interests of the child. Funds for
				  the adoption assistance program will be taken from those appropriated for child
				  welfare services and from funds under Title IV-E and Title IV-B of the United
				  States Social Security Act. The adoption assistance program will be limited to
				  the availability of funds.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 13 - RULES FOR THE ADOPTION ASSISTANCE PROGRAM › Section 148-13-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
As used in these rules, the following definitions shall
				  apply:
a. The term "Department" refers
				to the Department of Human Services.
b. For adoption assistance purposes, the term
				"child" refers to a special needs child in the custody of the Department or in
				the custody of a non-profit, private, licensed child placing agency in this
				State who is legally available for adoption, or who has been approved for legal
				risk placement according to Section VIII, Subsection B, of the Department of
				Human Services' Child and Family Services Policy Manual.
For reimbursement of non-recurring adoption expenses
				  purposes, the term "child" refers to any special needs child who is otherwise
				  eligible for the reimbursement program in Maine.
c. The term "family" refers to any single
				person or married couple who wishes to apply for adoption assistance.
d. The term "special needs" refers to a child
				who has one or more of the following characteristics:
1 Has a physical, mental or emotional
				handicap that makes placement difficult;
2 Has a medical condition that makes
				placement difficult;
3 Is a member
				of a sibling group to be placed together that includes at least one member who
				is difficult to place and who meets one or more of criteria 1, 2, 4, 5 or
				6;
4 Is age 5 or older;
5 Is difficult to place because of
				race;
6 Has been a victim of
				physical, emotional or sexual abuse or neglect that places the child at risk
				for future emotional difficulties; or
7 Has factors in the child's background such
				as severe mental illness, substance abuse, prostitution, genetic or medical
				conditions or illnesses that place the child at risk for future problems. For
				purposes of this definition "at risk" is meant to have some significance in a
				statistical or medical sense, i.e., some probability of occurrence that is not
				merely speculative or statistically insignificant.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 13 - RULES FOR THE ADOPTION ASSISTANCE PROGRAM › Section 148-13-3 - ELIGIBILITY CRITERIA

Current through 2024-29, July 17, 2024
a. The Child
1 For the adoption assistance program:
a The child must be in the legal custody of
				the Department or a non-profit, private, licensed child placing agency in this
				State.
b The child must be legally
				available for adoption or approved for a legal-risk placement.
c The child must meet the definitions of a
				"special needs child" and a child who is difficult to place.
d Adoption must be considered to be in the
				best interest of the child.
e
				Children who are eligible for federally-matched adoption assistance payments
				must be eligible for or a recipient of AFDC-Foster Care payments or
				Supplemental Security Income (SSI) at the time of the adoptive placement, and
				at finalization of the adoption, and must be adopted no sooner than the
				beginning of the fiscal quarter after the date of the approval of the
				Department's Title IV-E plan. These children must also meet criteria a-d
				above.
f To be eligible for
				state-funded adoption assistance, a child must meet criteria 1-4 above, but
				does not need to meet #5 above.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 13 - RULES FOR THE ADOPTION ASSISTANCE PROGRAM › Section 148-13-4 - TYPES OF ASSISTANCE

Current through 2024-29, July 17, 2024
a. Long Term
				Assistance
A monthly payment which may continue to the eligible family
				  until the child attains the age of eighteen (or, until the child is age 21
				  where the state determines the child has need for educational benefits or has a
				  physical, mental or emotional handicap which warrants the continuation of
				  adoption assistance).
b.
				Limited Period Assistance
1 A monthly payment
				for limited period of time.
2
				Payment (on a recurring basis for a specified period of time) of medical or
				mental health costs (such as orthodonture, medical treatment, physical and
				mental health therapy, etc.) or, if the child is between 18 and 21 years of
				age, educational benefits in accordance with the Department's Education Beyond
				High School Program.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 13 - RULES FOR THE ADOPTION ASSISTANCE PROGRAM › Section 148-13-6 - AGREEMENT BETWEEN THE APPROVED ADOPTIVE FAMILY AND THE DEPARTMENT

Current through 2024-29, July 17, 2024
a. A written agreement between the family
				entering into assisted adoption and the Department must precede the adoptive
				placement. An exception can be made in accordance with Section 7 of these rules
				in the case of a request for retroactive adoption assistance approved in
				accordance with 3.b.3. of these rules.
b. The Commissioner of the Department or his
				designee will sign the agreement on behalf of the Department.
c. The agreement shall include the following:
1 The amount and type of adoption assistance
				payments;
2 A statement concerning
				eligibility for Title XIX benefits and Title XX services for children receiving
				federally-matched adoption assistance payments;
3 Designation of any Title XX benefits or
				additional services or assistance to be provided by the Department and how the
				costs for these items are to be met;
4 The duration of the agreement;
5 The process for annual redetermination of
				need and a statement that failure to reapply or failure to meet the standards
				for adoption assistance will result in the termination of the
				agreement;
6 A statement that the
				adoptive family is responsible for immediately notifying in writing the
				Department's Adoption Program Specialist of any changes in address, custody, or
				living arrangements or changes in benefits for the child;
7 A statement specifying how adoptive parents
				shall notify the Department in writing of changes in the needs of the child or
				the circumstances of the family that would affect their eligibility for, or the
				amount of, assistance required;
8 A
				statement concerning interstate continuance of the agreement, specifying
				payments and services for which Maine will remain responsible if the family
				moves out of state;
9 A statement
				specifying how adoptive parents shall be notified of any changes in the rates
				of adoption assistance payments and how they may request changes in the
				adoption assistance agreement;
10 A statement
				of the terms of continued eligibility for adoption assistance;
11 A statement regarding the right of the
				family to appeal decisions concerning adoption assistance and the procedure for
				doing so;
12 The effective date for
				beginning adoption assistance payments will be the date the child is placed in
				the adoptive home with an approved adoption placement agreement
				(BCFSAC-034).
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 13 - RULES FOR THE ADOPTION ASSISTANCE PROGRAM › Section 148-13-8 - ANNUAL REDETERMINATION OF NEED

Current through 2024-29, July 17, 2024
a. Prior to the
				yearly anniversary of the assisted adoption placement, the Department shall
				send an application for continuation of assistance to the adopting family. The
				application must contain notice of the right to appeal a denial or reduction of
				assistance through the fair hearing process.
b. Within thirty days of the receipt of the
				yearly renewal application for the assisted adoption placement, the adopting
				family must return the completed application for continuation of assistance to
				the Department. Failure to do so will mean the loss of all future assistance
				after legally sufficient second notice.
c. If the Department finds that the family
				continues to be eligible for adoption assistance for another year, the
				Department shall inform the adopting family in writing. The amount of
				assistance each year will be determined in accordance with Part 5.
d. If the Department finds that the family
				does not continue to be eligible for assistance based on the annual
				redetermination, or at any time, the Department shall inform the family in
				writing that they have been found to be ineligible for any further assistance
				and the reasons therefore. The department shall notify the family of their
				right and the process to appeal.
e.
				Adoption assistance will not be terminated without legally sufficient second
				notice to the adoptive parents.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 13 - RULES FOR THE ADOPTION ASSISTANCE PROGRAM › Section 148-13-9 - TRANSFERAL TO LEGAL GUARDIAN

Current through 2024-29, July 17, 2024
Upon the death of both adoptive parents, adoption assistance
				  may be transferred to the legal guardian as long as the child continues to be
				  eligible for adoption assistance pursuant to the terms of the most recent
				  adoption assistance agreement with the adoptive parents. The department shall
				  enter into a new assistance agreement with the legal
				  guardian.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 13 - RULES FOR THE ADOPTION ASSISTANCE PROGRAM › Section 148-13-10 - APPEALS

Current through 2024-29, July 17, 2024
Any individual who has applied for or is receiving adoption
				  assistance, (or whose application for assistance is not acted upon with
				  reasonable promptness), is entitled to appeal any decision made by the
				  Department concerning adoption assistance. To appeal a decision, a written
				  request for a fair hearing must be made to the Commissioner or his designee
				  within 10 days of the decision.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 13 - RULES FOR THE ADOPTION ASSISTANCE PROGRAM › Section 148-13-11 - CONFIDENTIALITY

Current through 2024-29, July 17, 2024
Release of information concerning individuals assisted under
				  the adoption assistance program shall be restricted to those instances set out
				  in
				  42 USC
				  671(a)(8). [ PL 96-272
				  471(a)(8)]
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 13 - RULES FOR THE ADOPTION ASSISTANCE PROGRAM › Section 148-13-13 - AUTHORITY

Current through 2024-29, July 17, 2024
19
				  MRSA, Sections1141,
				  1142,
				  1143
				  and
				  1144,
				  which applies when adoption petitions were filed prior to 8/1/94 and 18-A MRSA
				  Part 4 Sections 9-401, 9-402, 9-403 and 9-404, which applies when adoption
				  petitions were filed 8/1/94 and after.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 14 - RULES FOR LEVELS OF CARE FOR FOSTER HOMES › Section 148-14-3 - Levels of Care (LOC) Process

Current through 2024-29, July 17, 2024
A. When a child
				comes into state custody, a preliminary determination is made by the Caseworker
				of this child's needs. Based upon this preliminary determination, the child
				will be placed in either a Family Foster Home or a Specialized Foster Home. If
				the child is placed in a Family Foster Home, the entry reimbursement rate will
				be LOC A - Basic Care. If a child is placed in a Specialized Foster Home, the
				entry reimbursement rate will be Level C - Treatment Care. Within 90 days of
				placement in a Family Foster Home or a Specialized Foster Home, an initial
				Child Assessment will be done by LOC Reviewers to determine the child's level
				of need.
B. The result of the Child
				Assessment will indicate the child's Level of Care.
C. Children in Basic Care will be reassessed
				annually to determine if their Level of Care continues to meet their
				needs.
D. Children in Treatment
				Care will be reassessed by the Contracted Entity every six months to determine
				if their Level of Care continues to meet their needs.
E. A determination may be made by the
				Department at the time of the initial Child Assessment that an annual
				reassessment is not needed for children in Basic Care. An annual assessment may
				not be needed for: 
				
										Children with chronic medical conditions that will
					 continue to require the same LOC.
										Children with cognitive limitations that will continue
					 to require services at the same LOC.
										Children with an authorized LOC of Level A.
F.
				Foster parents for children in Treatment Care may request one Special Review of
				the Level of Care prior to the scheduled reassessment. The Department may grant
				the Foster Parent's request if it finds substantial changes in the child's
				needs were demonstrated or that pertinent information was not available at the
				time of the previous review.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 14 - RULES FOR LEVELS OF CARE FOR FOSTER HOMES › Section 148-14-4 - Reimbursement Rates

Current through 2024-29, July 17, 2024
LOC A - Basic Care - Minimal Needs. The daily
				  reimbursement rate is $16.50.
LOC B - Basic Care -Mild Needs. The daily reimbursement
				  rate is $26.25.
LOC C - Treatment Care - Moderate Needs. The daily
				  reimbursement rate is $39.38.
LOC D - Treatment Care - High Needs. The daily
				  reimbursement rate is $52.50.
LOC D - Basic or Treatment Care - Exceptional Medical
				  Care. The daily reimbursement rate is $52.50.
LOC E - Treatment Care - Severe Needs. The daily
				  reimbursement rate is $65.62.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 14 - RULES FOR LEVELS OF CARE FOR FOSTER HOMES › Section 148-14-5 - Review Process

Current through 2024-29, July 17, 2024
A. The Foster
				Parent and Child Placing Agency will be notified in writing of the result of
				the Child Assessment.
B. If the
				Foster Parent of a child in Basic Care disagrees with the Child Assessment
				result, the Foster Parent must submit a request for a review, in writing,
				within 10 business days of the date of the notice. The Foster Parent must
				include documentation with the request for a review which supports the Foster
				Parent's dispute of the Level of Care established by the Child Assessment.
				Requests for review without documentation may be returned to the Foster Parent
				by the Department.
C. If the Foster
				Parent of a child in Treatment Care disagrees with the Child Assessment result,
				the Foster Parent must submit a request for a review by the Contracted Entity
				through the Child Placing Agency, in writing, within 10 business days of the
				date of the notice. The request must include documentation with the request for
				a review which supports the dispute of the Level of Care established by the
				Child Assessment. Requests for review without documentation may be returned to
				the Child Placing Agency by Contracted Entity.
D. The Foster Parent's written documentation
				for children in Basic Care will be submitted to the Levels of Care Program
				Manager for review of the Child Assessment. Written documentation for children
				in Treatment Care will be submitted via the Child Placing Agency to the
				Contracted Entity.
E. For children
				in Basic Care, the Department will notify the Foster Parent of the result of
				the LOC review in writing.
F. For
				children in Treatment Care, the Contracted Entity will notify the Child Placing
				Agency of the result of the review in writing.
G. The result of the review is the end of the
				internal review process.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 14 - RULES FOR LEVELS OF CARE FOR FOSTER HOMES › Section 148-14-6 - Appeal Process

Current through 2024-29, July 17, 2024
A Foster Parent or Caseworker with supervisory approval
				  aggrieved by the results of the review for a child, in either Basic Care or
				  Treatment Care, may request an administrative hearing, in accordance with the
				  Maine Administrative Procedure Act, Title 5, chapter 375.
A written request for an administrative hearing must be
				  received by the Department within 10 working days of receipt of notice of the
				  result of the review. Any request for a hearing must state in detail the
				  reasons for believing the Department's or the Contracted Entity's action to be
				  incorrect. If the Department does not receive a hearing request within the time
				  allowed, the review decision will become final at the end of that period. A
				  hearing request should be mailed to: Levels of Care Program Manager, Department
				  of Health & Human Services, 2 Anthony Avenue, SHS # 11, Augusta, ME
				  04333-0011.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 14 - RULES FOR LEVELS OF CARE FOR FOSTER HOMES › Section 148-14-7 - Statutory Authority

Current through 2024-29, July 17, 2024
Title
				   5 M.R.S.A. §8052
Title
				   22 M.R.S.A.
				  §42
Title
				   22 M.R.S.A.
				  §4062
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 16 and 15 - RULES PROVIDING FOR THE LICENSING OF SPECIALIZED CHILDREN'S FOSTER HOMES › Section 148-16 and 15-3 - TYPES OF LICENSES

Current through 2024-29, July 17, 2024
The Department shall issue the following types of
				  licenses:
A. The Department shall
				issue a full license to an applicant who complies with all applicable laws and
				rules.
B. A conditional license may
				be issued by the Department when the individual or agency fails to comply with
				applicable laws and rules and, in the judgment of the Commissioner, the best
				interest of the public would be so served by issuing a conditional license. The
				Department shall specify in writing when and what corrections must be made
				during the term of the conditional license.
C. A temporary license may be issued when a
				preliminary evaluation of the home has determined that the applicants are
				capable of providing foster care, in accordance with applicable laws and rules
				relating to minimum standards of health, safety and well-being, except that it
				is not possible to obtain a fire safety inspection in accordance with 22
				M.R.S.A. §8103 prior to temporary licensure and there are no obvious fire
				safety violations and, in the judgment of the Commissioner, the best interest
				of the public will be so served by issuing a temporary license. When a foster
				family affiliated with a Child Placing Agency moves a new application must be
				submitted. The existing license will become void 30 days after the move unless
				the licensing staff completes an evaluation of the new foster home to ensure
				compliance with licensing rules. This allows the continuation of services to
				the child(ren) currently placed with the family.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 16 and 15 - RULES PROVIDING FOR THE LICENSING OF SPECIALIZED CHILDREN'S FOSTER HOMES › Section 148-16 and 15-4 - TERM OF LICENSE

Current through 2024-29, July 17, 2024
A. The terms of full licenses shall be for
				two years.
B. If the Department
				determines that a violation of laws and/or rules exists, a conditional license
				may be issued for a specific period not to exceed one year, or the remaining
				period of the previous full license, whichever the Department determines
				appropriate based on the laws and rules violated.
C. A temporary license shall be for a
				specific period not to exceed 120 days.
D. The Department shall visit the applicant's
				residence in order to determine compliance with applicable laws and rules
				before a temporary license or an initial full license is issued. During the
				period of a full or conditional license, the Department shall visit the foster
				home at least once to monitor for continued compliance with applicable laws and
				rules.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 16 and 15 - RULES PROVIDING FOR THE LICENSING OF SPECIALIZED CHILDREN'S FOSTER HOMES › Section 148-16 and 15-5 - FAILURE TO COMPLY WITH APPLICABLE LAWS AND RULES

Current through 2024-29, July 17, 2024
A. When an
				applicant fails to comply with applicable laws and rules, the Department may
				deny the issuance or renewal of the license. A written notice of denial
				indicating the reasons for denial shall be mailed to the applicant.
B. If, at the expiration of a full license or
				during the term of a full license the home fails to comply with applicable law
				and rules and, in the judgment of the Commissioner, the best interest of the
				public would be served, the Department may issue a conditional license, or
				change a full license to a conditional license. The Department may void the
				conditional license or refuse to issue a full license if the terms of the
				conditional license are not met. The conditional license shall be void when the
				Department has delivered in hand or by certified mail a written notice to the
				licensee. In the case that the licensee cannot be reached for service in hand
				or by certified mail written notice thereof shall be left at the agency or
				facility.
C. Whenever, upon
				investigation, conditions are found which, in the opinion of the Department,
				immediately endanger the health or safety of persons living in or attending a
				facility, the Department may request the District Court for an emergency
				suspension pursuant to Title 4 M.R.S.A. §184 sub-§ 6.
D. A license to operate a Family Foster Home
				for Children may be suspended or revoked for: (1) violating any applicable law
				or rule; (2) committing, permitting, aiding or abetting any illegal practices
				in the operation of the facility; or (3) undertaking or allowing any practice
				detrimental to the welfare of persons living in the foster home.
When the Department believes that a license should be
				  suspended or revoked, it shall file a complaint with the District Court as
				  provided in the Maine Administrative Procedure Act, Title 5, chapter
				  375.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 16 and 15 - RULES PROVIDING FOR THE LICENSING OF SPECIALIZED CHILDREN'S FOSTER HOMES › Section 148-16 and 15-6 - SUBSEQUENT APPLICATION FOR A FULL LICENSE

Current through 2024-29, July 17, 2024
Subsequent to any of the following actions, an application
				  for a full license may be considered by the Department when the deficiencies
				  identified by the Department at the time the action was taken have been
				  corrected:
A. Issuance or voiding of a
				conditional license;
B. Refusal to
				issue or renew a full license;
C.
				Revocation or suspension of a full license; or
D. Expiration of a temporary
				license.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 16 and 15 - RULES PROVIDING FOR THE LICENSING OF SPECIALIZED CHILDREN'S FOSTER HOMES › Section 148-16 and 15-7 - APPEAL PROCEDURE

Current through 2024-29, July 17, 2024
Any person aggrieved by the Department's decision to take any
				  of the following actions, may request an administrative hearing, in accordance
				  with the Maine Administrative Procedure Act, Title 5, chapter 375. These
				  decisions are as follows:
A. Issue a
				conditional license;
B. Amend or
				modify a license;
C. Void a
				conditional license;
D. Refuse to
				issue or renew a full license;
E.
				Refuse to issue a temporary license; or
F. Refuse to grant a waiver of these
				regulations.
A written request for an administrative hearing must be
				  received by the Department within 10 working days of receipt of notice of the
				  Department's action. Any request for a hearing must state in detail the
				  aggrieved person's reasons for believing the Department's action to be
				  incorrect. If the Department does not receive a hearing request within the time
				  allowed, the Department's action will become final at the end of that
				  period.