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-II - DEFINITIONS

Current through 2024-29, July 17, 2024
A. Bureau means the Bureau of Children With
				  Special Needs.
B. Child means an
				  individual who has not reached his or her 18th birthday and who has not been
				  emancipated by a court order.
C.
				  Community Support Worker means an individual who coordinates a recipient's ISP;
				  locates and monitors the services identified in the plan; and performs other
				  duties as specified in the settlement agreement in Bates v Peet , and in agency
				  contracts. Community Support Workers are employed by agencies or programs
				  contracted with the Bureau of Children with Special Needs to perform this
				  function.
D. Complaint means an
				  allegation by a person or agency charged with investigating violations of
				  client rights or with delivering or monitoring mental health services of
				  violation of basic rights of a recipient, including those enumerated in these
				  rules and the Settlement Agreement in Bates v. Peet or any other applicable law
				  or regulation.
E. Custodian means
				  the Department of Human Services or a person, other than a parent, awarded
				  custody pursuant to Title 19 or Title 22 of the Maine Revised
				  Statutes.
F. Department means
				  Department of Behavioral and Developmental Services.
G. Emancipated minor means a minor who has
				  been emancipated by court order. Unless specifically indicated otherwise, an
				  emancipated minor has the same rights, privileges and responsibilities as an
				  adult recipient under the rules Rights of Recipients of Mental Health
				  Services.
H. Emergency means a
				  situation in which, as a result of a recipient's behavior due to mental
				  illness, there exists an imminent danger of bodily injury to the recipient or
				  to others.
I. Facility, Agency, or
				  Program means any facility providing in-patient psychiatric services, and any
				  agency or facility providing in-patient, residential or outpatient mental
				  health services that are licensed, funded or contracted by either the
				  Department of Behavioral and Developmental Services or the Department of Human
				  Services.
J. Grievance means an
				  allegation by a recipient of violation of basic rights, including those
				  enumerated in these rules and the Settlement Agreement in Bates v. Peet or any
				  other applicable law or regulation.
K. Guardian means a person appointed by the
				  Probate Court pursuant to Title 18-A of the Maine Revised Statutes.
L. Individualized Support Plan (hereafter,
				  "ISP") means a written document that is prepared by a team of persons and that
				  includes an assessment of the recipient's strengths and needs, and describes
				  the recipient's goals and objectives and the services the recipient needs to
				  meet those goals and objectives. The team shall include the recipient except as
				  otherwise provided in these rules.
M. Mental Health Institute means a
				  state-operated inpatient facility.
N. Non-state Mental Health Institution means
				  a public institution, a private institution or a mental health center as
				  defined by 34-B MRSA, section3801(6).
O. Program Area means any discrete part of a
				  facility or agency, including any building, residential program, ward, unit or
				  program site.
P. Recipient means
				  any child in need of mental health services as defined by 34-B 6201(2)
				  receiving treatment from any facility, agency or program.
Q. Representative means any adult person who
				  has been designated in writing by an emancipated recipient, or by his or her
				  guardian or by his or her legally responsible parent, guardian or custodian to
				  act to aid the recipient in upholding his or her rights under. these rules,
				  except that the representative may not be a client of or a staff person
				  currently employed in the facility through which the recipient receives
				  services.
R. Rights Protection and
				  Advocacy Service of the Maine Mental Health System means the Office of Advocacy
				  of the Department, the rights protection and advocacy agencies authorized under
				  42 U.S.C. §§
											10801 et. seq., or other public agencies
				  authorized by law to investigate grievances and protect rights.
S. Treatment means the provision of mental
				  health services to children in need of treatment and their families as defined
				  by 34-B MRSA section6201(3). The services consisting primarily of: (i)
				  psychiatric, psychological, counseling, developmental, and other therapeutic
				  modalities and (ii) social, interpersonal and other living skills, related
				  supportive services and habilitative training.
T. Treatment Team means the group of persons,
				  including the recipient, who plan, carry out and review treatment.