Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 37 - RULES GOVERNING DISCLOSURE OF HIV TEST RESULTS REGARDING ADULT PUBLIC WARDS › Section 148-37-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
Definitions in this rule are in addition to definitions in
				  applicable statutes. The definitions in the statutes may not be repeated in
				  this rule.
1.
Administrator
means an individual at least 21 years of age, who
				has at least a bachelor's degree from an accredited school and two years of
				experience in the management and supervision of personnel and facility or
				comparable training or experience. The administrator is charged with
				responsibility for the general administration of a Facility. Every individually
				licensed Facility must have an identified administrator.
2.
Applicant
means any
				individual, partnership, corporation, association, facility or trust that has
				submitted a written application for a license to operate a facility for Shelter
				for Homeless Children, Emergency Children's Shelter, or Transitional Living
				Program.
3.
Bedroom
means a distinct space used as a sleeping area for youth. A dormitory-style
				bedroom may be broken into several bedroom spaces using partitions. Closets,
				alcoves and corridors or any other room which is normally used for other than
				sleeping is not considered to be a bedroom.
4.
Behavior Management
means
				those principles and methods employed by a youth Facility to help a youth
				achieve positive behavior and to address and correct a youth's inappropriate
				behavior in a constructive and safe manner. This is done in accordance with
				written policies and procedures governing expectations, treatment goals, youth
				and staff safety, security, and the youth's care plan.
5.
Board of Directors
means an
				association of persons with ultimate administrative and managerial control and
				empowered to serve as the governing body of a Facility. This board normally
				discharges its responsibilities by employing a chief executive officer and
				formulating policies for the Facility's operations.
6.
Care Plan
means a
				comprehensive time-limited, goal-oriented, individualized plan for youth in
				care of a Shelter for Homeless Youth, Emergency Children's Shelter or
				Transitional Living Program.
7.
Child(ren)
means any person who has not attained the age of 21. In
				this rule, Child and Youth have the same meaning.
8.
Complaint Investigation
means
				the Department's review of Facility records, and Department-conducted
				interviews of youth, employees and collateral contacts to investigate a
				complaint against the Facility regarding compliance with this rule.
9.
Dangerous Situation
means an
				act or situation that endangers a youth, including dangers that have been
				ignored or uncorrected. Actual harm or injury need not occur.
10.
Department
means the Maine
				Department of Health and Human Services, Office of Child and Family Services,
				Children's Licensing and Investigation Services.
11.
Direct Access
means access
				to the property, personally identifiable information, financial information or
				resources of a youth or physical access to a youth served by the
				Facility.
12.
Direct
				Care
Worker means a staff member who, by virtue of employment, has
				direct access to youth at the Facility. Direct care worker does not include an
				individual performing repairs, deliveries, installations or similar services
				who does not have direct, unsupervised access to youth. In this rule, the term
				"personnel" includes direct care workers.
13.
Diversion Control
means the
				prevention of the illegal distribution or misuse of prescription drugs or their
				use for purposes not intended by the prescriber.
14.
Emergency Children's Shelter
means a Facility that operates to receive children 24 hours a day and that
				limits placement to 90 consecutive days or less. Emergency children's shelter
				does not mean a family foster home or specialized children's home. If emergency
				shelter is a service provided by a children's residential care facility, the
				service is restricted to a designated physical area of the facility.
15.
Facility
means an Emergency
				Children's Shelter, Shelter for Homeless Children, or Transitional Living
				Program.
16.
Gender
				Expression
means how a person presents gender outwardly, through
				behavior, clothing, voice or other tangible or perceived characteristics.
				Society identifies these cues as masculine, feminine, androgynous, or some
				combination, although what is considered "masculine" or "feminine" changes over
				time and varies by culture.
17.
Gender Identity
means a person's internal sense of who they are
				with regard to gender, regardless of their sex assigned at birth.
18.
Governing Body or Governing
				Authority
means an individual or association of persons (board of
				directors) with ultimate managerial control and legal responsibility for the
				operation of a Facility.
19.
Homeless Youth
means a person 21 years of age or younger who is
				unaccompanied by a parent or guardian and is without shelter where appropriate
				care and supervision are available, whose parent or legal guardian is unable or
				unwilling to provide shelter or care and who lacks a fixed, regular and
				adequate nighttime residence. Homeless youth has the same meaning as homeless
				child(ren).
20.
Legal
				Guardian
means a person or persons with an ongoing legal responsibility
				for caring for a youth, including the biological or adoptive parent, or a
				court-appointed guardian or entity such as a state agency.
21.
LGBTQ+ is the acronym for
"lesbian, gay, bisexual, transgender and queer/questioning people. LGBTQIA is a
				version of this acronym, that includes letters for intersex and asexuality.
				While terms and identities frequently change and more are added, for the
				purpose of this rule, LGBTQ+ will be used to encompass all.
22.
Pregnant and Parenting
				Program
means a type of transitional living program that provides
				services for pregnant and/or parenting youth.
23.
Record
means all documentary
				material, regardless of media or characteristics, including, but not limited
				to, youth records, administrative, financial, health and personnel records made
				or received and maintained in accordance with law or regulation or in the
				transaction of business.
Electronic Records
. Electronic records
					 include, but are not limited to, electronic health records, email and text
					 messages, when available and made part of the electronic health record.
					 Electronic signatures are an acceptable form of documentation.
24.
Reportable Event
means an occurrence that affects the health or
				safety of the youth or others that results, or could result, in a harmful or
				undesirable outcome. Events include, but are not limited to, the death of a
				youth for any reason, homicide by youth or household member, major physical
				plant disasters, major injury to the youth, serious suicide attempt or threat,
				or suspected human trafficking.
25.
Sexual Orientation
refers to emotional, romantic, sexual and
				relational attraction to someone else, whether gay, lesbian, bisexual, straight
				or another identification.
26.
Shelter for Homeless Children
means a Facility designed to provide
				for the overnight lodging and supervision of children ten (10) years of age or
				older for no more than ninety (90) consecutive overnights.
27.
Staff Member
means an
				individual who is at least 21 years old and who is employed by or has applied
				for and may be offered employment at, a Shelter for Homeless Children,
				Emergency Shelter for Children or Transitional Living Program, including a
				contract employee or self-employed individual, whether or not the individual
				has direct contact with children. In this rule, the term "personnel" includes
				staff members.
28.
Staff
				Member Letter of Eligibility
means a letter sent by the Department to
				the staff member who is subject to the comprehensive background check that
				reports eligibility status, provides basis for determination when ineligible,
				and provides information regarding the individual's right to appeal.
29.
Transitional Living Program
means a staffed children's home that helps homeless youth find and maintain
				safe, dignified housing, and may provide specialized services, such as
				pregnancy and parenting services. For the purposes of this rule, Transitional
				Living Program does not include scattered site apartments where youth are
				living independently, or any other program that is not a children's
				home.
30.
Volunteer
means an individual who performs hours of service for a public agency for
				civic, charitable, or humanitarian reasons, without promise, expectation or
				receipt of compensation for services rendered.
31.
Waiver
means written
				permission from the Department to modify a provision of this rule.
32.
Young child
means a child
				under the age of 10 years.
33.
Youth
has the same meaning as Child(ren) as defined in this
				rule.