Code of Maine Rules › 14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 472 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 1 - RIGHTS OF RECIPIENTS OF MENTAL HEALTH SERVICES WHO ARE CHILDREN IN NEED OF TREATMENT › Part A - RULES OF GENERAL APPLICABILITY › Section 472-1-A-VI - ASSISTANCE IN THE PROTECTION OF RIGHTS

Current through 2024-29, July 17, 2024
A.
				  Recipients have the right to assistance in the protection of their
				  rights.
B. Right to Name Recipient
				  Representative. Emancipated minor recipients and legally responsible parents,
				  guardians or custodians of other minor recipients have the right to name a
				  representative, in writing, to uphold the rights of the recipient. Aid may
				  include one or more of the following activities: assistance in the formulation
				  and processing of a grievance, participation in the informal or formal
				  development and revision of, an ISP or hospital treatment and discharge plan,
				  or any other type of representative assistance activity referenced in these
				  rules. The provision of aid by a designated representative shall be governed by
				  this section and by other relevant sections of these rules.
C. Notification. Each agency, facility or
				  program shall inform each recipient and legally responsible parent, guardian or
				  custodian of the recipient's right to assistance. All emancipated minor
				  recipients or legally responsible parents, guardians or custodians shall be
				  notified of their right to name a representative.
(1) Designation in writing. If an emancipated
				  minor recipient or the legally responsible parent, guardian or custodian of any
				  other recipient desires a representative for the recipient, he or she shall
				  designate, in writing, a person to aid the recipient in upholding his or her
				  rights.
(2) Time for designation.
				  The emancipated minor recipient or the legally responsible parent, guardian or
				  custodian may designate a representative at any time.
(3) Change in representative. Provision shall
				  be made for change of representative upon request of the emancipated minor
				  recipient or the recipient's legally responsible parent, guardian or
				  custodian.
(4) Representative's
				  physical access. The representative shall have reasonable access to all living
				  and program areas and to staff involved in the treatment of the recipient in
				  order to assist the recipient in the protection of his or her rights.
(5) Confidentiality. The representative may
				  obtain access to confidential information as defined under 34B MRSA Section
				  1207 concerning the recipient by obtaining the appropriate party's written
				  informed consent to such disclosure under Part B, Section IV or Part C, Section
				  III of these rules.
(6)
				  Communication. An emancipated minor recipient shall have access, at any
				  reasonable time, to a telephone to contact his or her representative pursuant
				  to Section VIII of these rules.
(7)
				  Involvement in ISP and Treatment and Discharge Planning.
a. The recipient's representative shall be
				  given no less than 10 days written notice of ISP meetings unless the
				  emancipated minor recipient or the legally responsible parent, guardian or
				  custodian directs that the representative not be invited. The representative's
				  involvement may include, unless otherwise limited pursuant to these rules,
				  participation in treatment meetings, alternative treatment meetings or
				  discharge planning meetings. When the meeting is being convened to address an
				  emergency, notice reasonable for the circumstances shall be given.
b. The representative shall be notified when
				  the recipient is determined to lack clinical capacity pursuant to Section IV,
				  Part B (Inpatient and Residential Settings) or Section 11, Part C (Outpatient
				  Settings) of these rules.
c. The
				  representative shall receive a copy of prescribed medication, dosage levels,
				  schedules and side-effects and a copy of the aftercare plan upon the discharge
				  of the recipient, if the emancipated recipient or the legally responsible
				  parent, guardian or custodian of the recipient authorizes such a
				  release.