reglab/statecodes huggingface dataset:
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 100 - AIDS DRUG REIMBURSEMENT PROGRAM › Section 148-100-2 - Eligibility Criteria

Current through 2024-29, July 17, 2024
A. AIDS Drug
				Reimbursement Program payments for AZT treatment shall be limited to those
				individuals who:
1. Have symptomatic HIV
				infection (AIDS and advanced AIDS related complex AM) and a history of
				pneumocystic carinii pneumonia, and a CD4 (T4) Lymphocte cell count of less
				than 400; and,
2. Are low income
				individuals not covered under the State Medicaid program or any other third
				party payor system.
3.
				Authorization of Payment:
A. Individuals
				seeking payment for AZT through the AIDS Drug Reimbursement Program shall be
				required to submit an application to the Bureau of Social Services AIDS Service
				Coordinator in a form prescribed by the Bureau.
B. The AIDS Service Coordinator shall
				authorize payment for AZT treatment with AIDS Drug Reimbursement Program funds
				for eligible individuals in the following manner:
1 During the initial 21 days following
				implementation of the program, eligible individuals who are already receiving
				AZT treatment will be given priority for payment.
2 Following the initial 21 day application
				period. authorization for payment will be made for eligible individuals in the
				order in which applications are received by the Bureau of Social
				Services.
C. AIDS Drug
				Reimbursement Program payments shall be made on a per patient basis, and each
				patient shall receive the funds necessary for one year's treatment with AZT.
				The number of patients authorized to receive such treatment shall be limited by
				the grant amount.
D. The AIDS
				Service Coordinator shall maintain a waiting list of individuals who meet the
				AIDS Drug Reimbursement Program eligibility criteria once all grant funds have
				been authorized.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 100 - AIDS DRUG REIMBURSEMENT PROGRAM › Section 148-100-4 - Termination of Payments

Current through 2024-29, July 17, 2024
A. If. during the
				time in which AZT treatment payments are being made under the AIDS Drug
				Reimbursement Program. the patient no longer meets the program eligibility
				criteria. for any reason. payments shall be terminated.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 201 - PROCEDURES FOR THE CHILD ABUSE OR NEGLECT FINDINGS, APPEALS FROM FINDINGS, AND APPEALS FROM DENIAL OF ACCESS TO CERTAIN CONFIDENTIAL RECORDS › Section 148-201-I - LEGAL BASIS; SUCCESSOR STATUTES AND AGENCIES

Current through 2024-29, July 17, 2024
The Department adopts these rules pursuant to
				  22 M.R.S.A.
				  §42(1). These rules are
				  necessary for the successful operation of the
Child and Family Services
				  and Child Protection Act
,
				  22 M.R.S.A.
				  §4001
et seq.
Specifically, these rules are necessary to the Department's obligation to
				  determine the degree of harm or threatened harm to each child in each case that
				  comes to its attention, pursuant to
				  22 M.R.S.A.
				  §4004(2) (C-1) and
				  appeals from denial of access to confidential records under
				  22 M.R.S.A.
				  §4008(7).
Whenever an agency is referred to in these rules, the rules
				  shall be construed to refer to any successor agency. A "successor agency" is
				  one that has powers or responsibilities similar or identical to an agency named
				  in these rules. Whenever any law is referred to in these rules, the rules shall
				  be construed to refer to any amendments or re-codifications resulting in a
				  similar or identical law.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 201 - PROCEDURES FOR THE CHILD ABUSE OR NEGLECT FINDINGS, APPEALS FROM FINDINGS, AND APPEALS FROM DENIAL OF ACCESS TO CERTAIN CONFIDENTIAL RECORDS › Section 148-201-III - PROCESS FOR AGENCY FINDINGS

Current through 2024-29, July 17, 2024
A.
Department
				policy to govern
Except as otherwise provided by statute or by these rules,
				  the Department's policy governs receipt of reports of abuse or neglect,
				  investigation of those reports, assessment of the circumstances of any child
				  and person responsible for a child, and determination to substantiate,
				  indicate, or unsubstantiate allegations.
During an appeal, the paper reviewer, hearing officer, or
				  Commissioner, depending on the stage of the appeal, may consider any
				  deficiencies of the Department's investigation or assessment to determine if
				  such deficiencies rendered untrustworthy any information upon which the
				  Department relied, but the failure of the Department to comply with its
				  policies for investigation or assessment is not cause for reversing a finding.
B.
Allowable
				findings
After an investigation or assessment, the Department may
				  make one or more of the following findings:
1. Unsubstantiated
2. Indicated
3. Substantiated
More than one finding may be made. For example, the
				  Department may determine that a person is "substantiated" for risk of physical
				  abuse to a child but that the same person is "unsubstantiated" for risk of
				  sexual abuse to a child.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 201 - PROCEDURES FOR THE CHILD ABUSE OR NEGLECT FINDINGS, APPEALS FROM FINDINGS, AND APPEALS FROM DENIAL OF ACCESS TO CERTAIN CONFIDENTIAL RECORDS › Section 148-201-IV - ABUSE OR NEGLECT

Current through 2024-29, July 17, 2024
A.
Definition
Abuse or neglect is defined in
				  22 M.R.S.A.
				  §4002(1).
B.
Guidelines
In making or reviewing a substantiation or indication
				  finding, the following guidelines apply:
1. Abuse or neglect means any set of
				circumstances that
(a) is caused by a person
				responsible for the child or from which a person responsible for the child has
				failed to protect the child, and
(b) has caused or may in the future cause a
				child to suffer any of the following types of harm:
(i) Physical harm (that is, physical injury,
				physical illness, or any physical condition that is contrary to the child's
				good health);
(ii) Mental,
				emotional, or psychological harm or distress; or
(iii) Sexual abuse or exploitation.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 201 - PROCEDURES FOR THE CHILD ABUSE OR NEGLECT FINDINGS, APPEALS FROM FINDINGS, AND APPEALS FROM DENIAL OF ACCESS TO CERTAIN CONFIDENTIAL RECORDS › Section 148-201-V - DEFINITIONS

Current through 2024-29, July 17, 2024
Any terms defined or used in
Maine Revised
				  Statutes
, Title 22, section 4002, have the same meaning when used in
				  these rules, except to the extent modified in these rules.
For the purpose of these rules, the following terms have the
				  following meanings:
A. Administrative
				hearing means a hearing conducted in accordance with the Department of Health
				and Human Services Administrative Hearings Regulations and these rules, as such
				regulations and rules are amended from time to time.
B. Appeal means the two-stage procedure
				described in these rules. The first stage is a paper review. The second stage
				is an administrative hearing.
C.
				Appellant means a substantiated or indicated person who has begun the process
				of appealing the finding.
C-1.
				Collateral consequences means
1. loss of
				employment, or denial of a good faith application for employment in a position
				for which the applicant was qualified;
2. loss or denial of a license or benefits
				issued by any federal, state, or municipal government;
3. expulsion from or denial of admission to
				an educational program, or admission to an educational program where employers
				in that field are required to consult with the Department to determine whether
				employees have been substantiated for child abuse or neglect; or
4. deprivation of a life, liberty or property
				interest that is protected by the Due Process Clause under the Fourteenth
				Amendment to the United States Constitution or Article I, Section 6-A of the
				Maine Constitution.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 201 - PROCEDURES FOR THE CHILD ABUSE OR NEGLECT FINDINGS, APPEALS FROM FINDINGS, AND APPEALS FROM DENIAL OF ACCESS TO CERTAIN CONFIDENTIAL RECORDS › Section 148-201-VI - PUBLIC AVAILABILITY OF INFORMATION

Current through 2024-29, July 17, 2024
The applicable regulations may be examined online at:
http://www.maine.gov/sos/cec/rules/10/chaps10.htm
or requested from:
Office of Child and Family Services
Department of Health and Human Services
2 Anthony Avenue
Augusta, ME 04333
Phone: (207) 624-7900
FAX: (207) 287-6156
TTY: 711
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 201 - PROCEDURES FOR THE CHILD ABUSE OR NEGLECT FINDINGS, APPEALS FROM FINDINGS, AND APPEALS FROM DENIAL OF ACCESS TO CERTAIN CONFIDENTIAL RECORDS › Section 148-201-VIII - APPEALS

Current through 2024-29, July 17, 2024
Substantiated and indicated persons shall have the following
				  rights to review of a finding.
A. A
				paper review shall be available to a substantiated or indicated person who
				submits a written request as required by these rules.
B. If the finding is upheld in the paper
				review then an administrative hearing shall be available to any substantiated
				person or entity, and any indicated person or entity who, in the determination
				of the Chief Administrative Hearing Officer, has proven that they have
				experienced or are likely to experience collateral consequences as a result of
				the indicated finding.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 201 - PROCEDURES FOR THE CHILD ABUSE OR NEGLECT FINDINGS, APPEALS FROM FINDINGS, AND APPEALS FROM DENIAL OF ACCESS TO CERTAIN CONFIDENTIAL RECORDS › Section 148-201-IX - TIME FOR APPEAL

Current through 2024-29, July 17, 2024
A. A substantiated
				or indicated person must appeal the decision within thirty (30) calendar days
				of the date the person receives the Department's notice of the finding. A
				substantiated or indicated person may appeal the determination more than thirty
				(30) days after receiving the Department's notice only if the person can show
				good cause for not appealing within thirty days, except that, even with good
				cause, an individual must always appeal within ninety days of the date the
				Department mails the notice to the individual.
B. Except as provided in section XIV below, a
				substantiated or indicated person who fails to appeal within the time provided
				in this section forfeits all rights to appeal the decision forever.
C. The time for requesting an administrative
				hearing after a paper review is covered in the procedures for requesting an
				administrative hearing, below.
D.
				When this rule requires a request for appeal to be made within a specific
				amount of time, it means that the Department must receive the request within
				that amount of time, with an exception for documented good cause. The failure
				of the Department to receive, for any reason, a request for appeal that an
				appellant sends to the Department shall not extend the time for taking an
				appeal. If an appellant wishes to ensure that the request is timely received,
				the appellant may send the request by certified mail, return receipt requested,
				may deliver the request personally, or may send the request by any other method
				that ensures that the Department receives it timely.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 201 - PROCEDURES FOR THE CHILD ABUSE OR NEGLECT FINDINGS, APPEALS FROM FINDINGS, AND APPEALS FROM DENIAL OF ACCESS TO CERTAIN CONFIDENTIAL RECORDS › Section 148-201-X - PROCEDURES FOR PAPER REVIEW

Current through 2024-29, July 17, 2024
The following procedures apply to a paper review of a
				  substantiation or indication finding:
A. An appellant shall appeal by sending a
				written and printed request for a paper review to the following address:
Finding Reviews
Office of Child and Family Services
Department of Health and Human Services
11 State House Station
Augusta ME 04333-0011
The written request may be personally delivered, or sent by
				  USPS, FedEx, UPS, or other delivery service, to the Department at 2 Anthony
				  Avenue, Augusta, Maine 04333. In that case, the envelope containing the request
				  should be addressed to Finding Reviews, Office of Child and Family
				  Services.
The writing shall be taken as a written request for a paper
				  review if it in any manner objects to the substantiation or indication finding
				  or requests any type of review of the substantiation or indication
				  finding.
There is no email address for receipt of appeal requests and
				  requests made by email shall be invalid. However, the Department shall have the
				  discretion to provide an email address and accept a request for appeal by email
				  if the Department chooses to do so as a courtesy or accommodation.
B. Within thirty (30) calendar
				days of its receipt of a request for a paper review from an appellant, the
				Department shall:
1. Determine whether the
				appeal is timely pursuant to Section IX (either within the original time for
				appeal or within the extended time with good cause); and
2. If the Department determines that the
				appeal is untimely, notify the appellant of that determination. If the
				Department determines that the appeal is untimely, the appellant may make a
				written request for a review by the Office of Administrative Hearings,
				addressed to the address in paragraph A, above. The appellant may send with the
				request for review any documentation in support of the appellant's position
				that the appeal was timely, and may send a written argument. The Office of
				Administrative Hearings shall review the Department's record and the materials
				submitted by the appellant, and shall determine whether the request is timely.
				If the Office of Administrative Hearings determines that the request is timely,
				then the paper review shall continue as provided in paragraph C below, except
				that the appellant shall have thirty (30) calendar days from the date of the
				Office of Administrative Hearing's determination that the appeal was timely to
				submit the written information in support of his or her appeal.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 201 - PROCEDURES FOR THE CHILD ABUSE OR NEGLECT FINDINGS, APPEALS FROM FINDINGS, AND APPEALS FROM DENIAL OF ACCESS TO CERTAIN CONFIDENTIAL RECORDS › Section 148-201-XII - RELEASE OF INFORMATION BY THE DEPARTMENT

Current through 2024-29, July 17, 2024
A. The
				Department will use reasonable efforts to respond to inquiries from persons who
				have reason to believe that they may be named as substantiated or indicated in
				child abuse or neglect case records. The Department shall develop an
				appropriate form for use by persons who wish to make such a request. The
				Department shall not use a person's request for any purpose other than to
				process that request. The Department may discontinue responding to these
				requests if it becomes unduly burdensome or if it interferes with the
				Department's responsibilities to provide reviews under these rules to persons
				who are substantiated or indicated after the effective date of these
				rules.
B. If the Department
				releases any information regarding a substantiation or indication to any person
				outside of the Department or the Office of the Attorney General, and excepting
				any information provided pursuant to a subpoena or court order or a specific
				release from the person against whom the finding was made (1) while an appeal
				is pending under this rule, (2) before the expiration of the appeal period
				provided for in these rules, or (3) after an appeal has been dismissed without
				prejudice pursuant to Section II. A. and the other proceeding that caused the
				dismissal is still pending, then the Department shall include with the
				information provided a statement that the finding may be subject to
				administrative review by the Department at the appellant's request.
C. If a person is indicated and not
				substantiated, the Department shall respond to any request for a check of child
				protective history relating to that person by stating that the person has not
				been substantiated for abuse or neglect, and shall give no further information
				unless otherwise required by law.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 201 - PROCEDURES FOR THE CHILD ABUSE OR NEGLECT FINDINGS, APPEALS FROM FINDINGS, AND APPEALS FROM DENIAL OF ACCESS TO CERTAIN CONFIDENTIAL RECORDS › Section 148-201-XIII - SUBSTANTIATED OR INDICATED MINORS

Current through 2024-29, July 17, 2024
Notwithstanding any other provision of these rules, a minor
				  who has been indicated or substantiated for abuse or neglect of a child or
				  children may pursue any procedure under these rules not previously pursued on
				  his or her behalf any time before the minor reaches the age of 25.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 201 - PROCEDURES FOR THE CHILD ABUSE OR NEGLECT FINDINGS, APPEALS FROM FINDINGS, AND APPEALS FROM DENIAL OF ACCESS TO CERTAIN CONFIDENTIAL RECORDS › Section 148-201-XIV - EFFECTIVE DATES; FINDINGS MADE BEFORE FIRST EFFECTIVE DATE

Current through 2024-29, July 17, 2024
A. These rules are effective February 28,
				2022 and apply to all findings made after that date.
B. Any person who was substantiated before
				November 1, 2003 may request a paper review if the person was never previously
				afforded notice of the opportunity for a paper review. Any person who was
				substantiated before November 1, 2003 may request an administrative hearing if
				the substantiation was upheld after a paper review and the person was never
				previously afforded notice of the opportunity for an administrative
				hearing.
C. Any person who was
				indicated prior to February 28, 2022, who was notified of and availed
				themselves of a paper review, and is now suffering collateral consequences from
				the indicated finding, may present a letter to the Chief Administrative Hearing
				Officer requesting an administrative hearing as described in these rules at
				Section XI(D). Requests for administrative hearings based on collateral
				consequences must be made within 60 days of the date the person knew or should
				have known about the collateral consequences from the indicated
				finding.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 201 - PROCEDURES FOR THE CHILD ABUSE OR NEGLECT FINDINGS, APPEALS FROM FINDINGS, AND APPEALS FROM DENIAL OF ACCESS TO CERTAIN CONFIDENTIAL RECORDS › Section 148-201-XV - RECONSIDERATION OF FINDING

Current through 2024-29, July 17, 2024
Subject to specific conditions that follow, an appellant may
				  request reconsideration of a substantiation or indication. The procedures and
				  permitted outcomes are set forth below.
Note:
This section does not apply to
				  Out-of-Home Investigations. This section also does not apply to a substantiated
				  or indicated finding that was upheld after an appeal to the Maine Superior
				  Court or the Maine Law Court.
Reconsideration is available only if the finding satisfies
				  one of the conditions in section A, and all of the conditions in section B,
				  below:
A.
Reconsideration is
				Available Only if the Appellant Proves One of the Following:
1.
Lack of Notice
: The
				substantiation was made after November 1, 2003 or the indication was made after
				February 28. 2022, the appellant proves that he or she did not receive notice
				of the finding, the evidence is stale, and the Department's review of its own
				record suggests reconsideration is appropriate due to risk remediation or
				change in law or policy per subsections
				3 and
				4 herein; or
2.
Jeopardy Not Reached
: The
				finding was ineligible for appeal because of a proceeding in District Court and
				no finding of jeopardy was made prior to the court dismissing the case;
				or
3.
Risk Remediated
:
				After the finding was made, the appellant successfully engaged with prevention
				and intervention services, such that there was no filing of a petition for
				child protection order in court, and the Department closed its case because the
				appellant remediated the risks originally identified; or
4.
Substantial Change in Law or
				Policy
: After the finding was made, there was a substantial change in an
				area of law or the Department's policy, and the finding would not have been
				made by the Department, had the assessment taken place under the current law or
				policy; or
5.
Extraordinary
				Cases Post-Adoption
: The finding pertained to a child with special needs
				re-entering the Department's custody post-adoption, in order to ensure the
				safety of family members in the home.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 201 - PROCEDURES FOR THE CHILD ABUSE OR NEGLECT FINDINGS, APPEALS FROM FINDINGS, AND APPEALS FROM DENIAL OF ACCESS TO CERTAIN CONFIDENTIAL RECORDS › Section 148-201-XVI - SUBSTANTIVE RULES FOR THE APPEAL FROM DENIAL OF ACCESS TO CONFIDENTIAL RECORDS

Current through 2024-29, July 17, 2024
If a parent, legal guardian, custodian, or caretaker of a
				  child requests disclosure of information about the child contained in the
				  Department's record under
				  22 M.R.S.A.
				  §4008(2) and the
				  Department denies the request, the parent, legal guardian, custodian, or
				  caretaker has the right to appeal the denial pursuant to
				  22 M.R.S.A.
				  §4008(7). In such cases
				  the parent, legal guardian, custodian, or caretaker is the appellant.
A.
Paper Review
1.
Time Limit for Appeal
: An
				appellant must send a written request for a paper review of the denial no later
				than thirty (30) calendar days after the appellant's receipt of notice that
				access to the records has been denied. The request must be submitted to the
				following address:
Finding Reviews
Department of Health and Human Services
11 State House Station
Augusta, ME 04333-011
2.
Time Within Which the Department
				Must Acknowledge Request for Paper Review
: If an appellant requests a
				paper review the Department shall send a written acknowledgment within fourteen
				(14) business days.
3.
Time
				Within Which the Department Must Conduct Paper Review
: The Department
				shall complete the paper review with ninety (90) calendar days after mailing
				the acknowledgment described in the foregoing paragraph.
4.
Time Within which the Department
				Must Notify Appellant of Paper Review Decision
: The Department shall
				mail written notice of the outcome of the paper review to the appellant within
				fourteen (14) business days after completing the paper review. If the
				Department upholds the decision to deny access to the records, the appellant
				must submit a written request for an administrative hearing no more than thirty
				(30) calendar days after the appellant's receipt of notice that the
				Department's decision has been upheld after paper review.
5.
Issue to be decided
: The
				issues to be decided are limited to whether the nondisclosure of some or all of
				the information requested is necessary to protect the child or any other
				person.
6.
Standard of
				Review
: The standard of review is whether a preponderance of the
				evidence supports the Department's decision that nondisclosure of some or all
				of the information requested is necessary to protect the child or any other
				person.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 201 - PROCEDURES FOR THE CHILD ABUSE OR NEGLECT FINDINGS, APPEALS FROM FINDINGS, AND APPEALS FROM DENIAL OF ACCESS TO CERTAIN CONFIDENTIAL RECORDS › Section 148-201-XVII - TIME LIMITS

Current through 2024-29, July 17, 2024
A. When these rules
				establish any time limit for the filing, submission, or production of any
				document, record, or other possible source of evidence, or for the filing of
				any appeal or submission, such item must be received before the close of
				business on the last day of the time limit.
B.
C. In computing any period of time prescribed
				or allowed by these rules, the day of the act, event, or default from or after
				which the designated period of time begins to run shall not be included. The
				last day of the period shall be included, unless it is a Saturday, Sunday, or
				legal state or federal holiday, in which event the period shall run until the
				end of the next day that is not a Saturday, Sunday, or legal state or federal
				holiday.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 202 - CHILD PROTECTIVE CENTRAL CASE RECORD RESEARCH FEE › Section 148-202-1 - Definitions

Current through 2024-29, July 17, 2024
For purposes of this Chapter, the following terms shall have
				  the meanings set forth below:
A.
Department
means Department of Health & Human
				Services.
B.
Child Protective
				Central Case Records Search
means researching Department records to
				determine if a person has been substantiated as an abuser of a
				child.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 202 - CHILD PROTECTIVE CENTRAL CASE RECORD RESEARCH FEE › Section 148-202-2 - Fees

Current through 2024-29, July 17, 2024
Under the authority of
				   22 M.R.S.A.
				  §4008, sub-§ 6, the Bureau of Child
				  and Family Services shall collect the following fees for research and
				  disclosure of its records.
A.
$15.00
- Fee for record research of files to determine if the
				person named has been substantiated in a Child Protective Case.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 577 - ALUMNI TRANSITION GRANT PROGRAM (ATGP) › Section 148-577-I - Statutory Reference

Current through 2024-29, July 17, 2024
The Department of Health and Human Services shall establish a
				  transition grant program to provide financial support to eligible individuals
				  to support their postsecondary education.
22 M.R.S.
				  §4010-C
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 577 - ALUMNI TRANSITION GRANT PROGRAM (ATGP) › Section 148-577-II - Definitions

Current through 2024-29, July 17, 2024
1.
Alumni
. A young person who
				turned 18 while in Maine's foster care system and was on Maine DHHS's Voluntary
				Extended Care and Support (V9) Agreement that ended at age 21.
2.
ATGP Navigator
. A person
				employed by a community-based organization or DHHS to support the ATGP
				recipients by providing information about on- and off- campus services,
				brokering resources, providing coordination and advocacy, and meeting with ATGP
				students to assist in their successful completion of postsecondary education,
				degree, or apprenticeship attainment.
3.
DHHS
. The Department of
				Health and Human Services (DHHS or the Department), Office of Child and Family
				Services (OCFS), with statutory authority to provide custodial and extended
				care support to eligible individuals.
4.
Financial Support
. Funding
				provided by DHHS to the ATGP recipient is to be applied toward postsecondary
				education and living expenses equivalent to the level of financial support
				provided to students through the Voluntary Extended Care and Support (V9)
				Agreement.
5.
Student
.
				An alumni at least 21 years of age, but less than 27 years of age who exited
				the Voluntary Extended Care and Support (V9) Agreement and is enrolled in
				postsecondary education.
6.
Postsecondary Education
. A program of study that takes place at
				any college or university that leads to an associate's degree or bachelor's
				degree or a postsecondary training program designed to prepare students for
				gainful employment in a recognized occupation. This does not include a course
				of study, outside of a postsecondary institution, through Adult Education,
				informal internship, or informal apprenticeship.
7.
Postsecondary Educational
				Institution
. An educational institution in or out of state that is
				recognized by Maine's Department of Education as an institute of postsecondary
				education or a formal training program designed to prepare students for gainful
				employment in a recognized occupation and that provides a credential generally
				accepted by employers.
8.
Undergraduate degree
. A two-year Associate's degree or a four-year
				Bachelor's degree. Does not include a postgraduate (i.e. Master's)
				degree.
9.
Voluntary Extended
				Care and Support Agreement
. Also known as the V9 Agreement. A voluntary
				agreement between a young adult, aged 18 to 21 years, who was in Maine DHHS's
				foster care on his or her18th birthday, for the purpose of providing financial
				and other supports from DHHS to the young adult until his or her 21st
				birthday.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 577 - ALUMNI TRANSITION GRANT PROGRAM (ATGP) › Section 148-577-III - ATGP Eligibility

Current through 2024-29, July 17, 2024
1. An individual
				must be at least 21 years of age, but less than 27 years of age; and
2. Must have aged out of Maine's foster care
				system at age 18 and exited Maine's Voluntary Extended Care and Support (V9)
				Agreement with the Department under Title 22 M.R.S. §4037-A at 21 years of
				age, in accordance with DHHS
Office of Child and Family Services Policy
				Manual
, Section V.T. Youth Transition Services This policy section can
				be found at:
http://www.maine.gov/dhhs/ocfs/cw/policy/v__t__maine_title_iv-e_indepen.htm
and
3.
				Must show proof of enrollment in a postsecondary education undergraduate
				program and documentation (i.e. grades) to demonstrate continuing satisfactory
				progress (with at least a 2.0 GPA); or if on probation, must provide a formal
				plan to exit probation that has been accepted by the postsecondary
				institution.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 577 - ALUMNI TRANSITION GRANT PROGRAM (ATGP) › Section 148-577-IV - ATGP Level of Support

Current through 2024-29, July 17, 2024
1. No more than 40
				individuals at any one time may receive the Alumni Transition Grant.
2. Alumni Transition Grants will be awarded
				on a first come, first served basis.
3. Eligible individuals may apply after their
				20th birthday up to their 27th birthday using the DHHS OCFS' Alumni Transition
				Grant Application.
4. A transition
				grant will not be provided prior to the individual's 21st birthday or after the
				individual's 27th birthday.
5. The
				level of Financial Support must be equivalent to the current Voluntary Extended
				Care and Support (V9) Agreement pursuant to section 22 M.R.S. §4037-A and
				in accordance with DHHS, Office of Child and Family Services, VT Youth
				Transition Policy.
6. The DHHS
				Transition Grant will provide Financial Support to eligible students for
				postsecondary support up to the completion of an undergraduate degree and:
a. Financial Support will not exceed six (6)
				years for the completion of a four- year undergraduate Bachelor's
				Degree.
b. Financial Support will
				not exceed four (4) years for the completion of a two-year undergraduate
				Associate's Degree.
c. Financial
				Support for training programs will not exceed four (4) years for the completion
				of a postsecondary training program designed to prepare students for gainful
				employment in a recognized occupation.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 577 - ALUMNI TRANSITION GRANT PROGRAM (ATGP) › Section 148-577-V - ATGP Navigator Services

Current through 2024-29, July 17, 2024
1. The ATGP
				Navigator will provide postsecondary education support to all ATGP recipients
				by:
a. Coordinating support with each student
				within the parameters of the ATGP.
b. Contacting each ATGP recipient prior to,
				in the middle of, and before the end of each semester to assist the student in
				planning and to coordinate assistance as needed.
c. Working with students, mental health
				professionals, and other treatment providers to support students in the
				development of their treatment plans, as needed.
d. Helping students develop relational skills
				for building their own informal supports and connections to their
				community.
e. Securing proper
				releases and providing information to assist with accessing on- and off-campus
				supports, services, and resources as coordinated with the student.
f. Working with students to provide case
				coordination, resources, and advocacy for student goal achievement and
				success.
g. Assisting ATGP students
				as needed in establishing safe and stable housing.
h. Collecting grade and progress reports at
				the end of each semester to ensure continued ATGP eligibility and student
				success.
i. Maintaining records
				with relevant documentation.
j.
				Attending ATGP Advisory Committee meetings.
k. Assisting with data collection and annual
				reporting to the Maine Legislative Joint Standing Committee on Health and Human
				Services and the DHHS OCFS Director.
l. Coordinating with the DHHS OCFS Youth
				Transition Specialist.
m. Checking
				in with ATGP graduates to explore additional resources and complete follow-up
				data collection.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 148 - OFFICE OF CHILD AND FAMILY SERVICES › Chapter 577 - ALUMNI TRANSITION GRANT PROGRAM (ATGP) › Section 148-577-VI - ATGP Advisory Committee

Current through 2024-29, July 17, 2024
1. The ATGP
				Advisory Committee will be comprised of a maximum of fifteen (15) members, as
				appointed by the DHHS, OCFS Director, who are representative of:
a. DHHS OCFS Youth Transition
				Specialist
b. DHHS OCFS district
				staff
c. The ATGP
				Navigator
d. Postsecondary
				educational institutions
e.
				Community-based organizations focused on postsecondary education for youth in
				transition
f. Community-based
				employers
g. Community-based or
				public organizations focused on employment for youth in transition
h. Alumni Transition Grant Program
				participants (at least two (2))
i.
				Youth Leadership Advisory Team contracted provider
j. Community-based organizations focused on
				youth in transition
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 1 - Adult Protective Services System › Section 149-1-2 - REPORTING TO ADULT PROTECTIVE SERVICES CENTRAL INTAKE

Current through 2024-29, July 17, 2024
1.
Who Reports
a. Mandated Reporters must report to the
				Department known or suspected Abuse, Neglect, or Exploitation or the
				substantial risk thereof.
b. In
				addition to Mandated Reporters, any other individual may report known or
				suspected Abuse, Neglect, or Exploitation or the substantial risk there of to
				the Department.
c. No individual
				may impede or inhibit a Mandated Reporter's reporting of known or suspected
				Abuse, Neglect, or Exploitation or the substantial risk thereof to the
				Department. No employer, supervisor, manager, or associate of a Mandated
				Reporter may require a Mandated Reporter to seek or receive permission to
				report known or suspected Abuse, Neglect, or Exploitation or the substantial
				risk there of prior to reporting. A person making a report may not be subject
				to any sanction for making a report.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 1 - Adult Protective Services System › Section 149-1-3 - APS CENTRAL INTAKE

Current through 2024-29, July 17, 2024
1.
Central
				Intake
a. APS Central Intake shall
				document in the electronic APS system all Reports received through APS Central
				Intake, including the information provided by the Reporter in accordance with
				Section 2(4)(b) of this Rule.
b. On
				the day that a Report is received, APS Central Intake shall review the
				documented Report to determine whether APS has jurisdiction to investigate the
				allegation(s) and make a determination in accordance with Section
				3(1)(c).
c. Based on the
				information obtained from the Reporter and otherwise available or known to the
				Intake worker, APS Central Intake shall determine whether the Report is to be
				assigned for APS Investigation or closed without an APS Investigation.
i. A Report shall be closed without an APS
				Investigation when APS Central Intake determines that one or more of the
				following circumstances exists based on the information provided by the
				Reporter:
A. The Report alleges Abuse,
				Neglect, or Exploitation or the substantial risk thereof, but the alleged
				victim is not an Incapacitated or Dependent Adult in Maine;
B. The Report alleges Abuse, Neglect, or
				Exploitation or the substantial risk thereof, but the alleged actions as
				described by the Reporter could not reasonably meet the definition of Abuse,
				Neglect, or Exploitation or the substantial risk thereof;
C. An APS Investigation has already been
				assigned relative to the incident reported;
D. No action can be taken by APS under the
				circumstances.
ii. The
				determination as to whether a Report will be assigned for APS Investigation or
				closed shall be made on a case-by-case basis and APS Central Intake's reasoning
				shall be documented.
d.
				All APS Reports that are not closed by Central Intake shall be assigned for APS
				Investigation.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 1 - Adult Protective Services System › Section 149-1-4 - APS INVESTIGATIONS

Current through 2024-29, July 17, 2024
1.
Prioritization
a. Any Report
				that is assigned for APS Investigation shall be prioritized in accordance with
				the potential risk or danger faced by the APS client based on the information
				provided by the Reporter and information otherwise available or known to the
				Office of Aging and Disability Services.
b. Based on prioritization, an APS
				Investigation may begin on the date the Report is received through APS Central
				Intake and will begin no later than five (5) business days from the date the
				Report is received.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 1 - Adult Protective Services System › Section 149-1-5 - CASEWORK

Current through 2024-29, July 17, 2024
1. APS shall take appropriate action,
				including providing or arranging for the provision of appropriate services
				through existing programs available to the Incapacitated or Dependent Adult and
				for which such Adult is medically and financially eligible, to ensure his or
				her health and safety, throughout the course of an APS Investigation and at the
				time the APS Investigation is concluded.
2. Where APS has determined that a
				guardianship/conservatorship study must be conducted as a result of an APS
				Investigation, APS shall determine the type of guardianship (or
				conservatorship) to be sought and proceed accordingly as soon as possible.
a. A guardianship/conservatorship study shall
				include analysis of relevant history and assessment information to determine
				necessity of guardianship, which may include but is not limited to:
i. Criminal history, living (habitation)
				history, medical history and present condition, financial history, social
				interactions in Incapacitated Adult's environment, and family (relatives who
				support the member) information.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 1 - Adult Protective Services System › Section 149-1-6 - APS FINDINGS

Current through 2024-29, July 17, 2024
1.
Final
				Written Findings
a. APS shall
				determine whether or not the facts support the allegation(s) in the Report,
				based on the available fact-based evidence, and document the determination in
				writing.
b. The standard of proof
				to reach a finding on an allegation of Abuse, Neglect, or Exploitation is by "a
				preponderance of the evidence" (i.e., the greater weight of the evidence
				supports a finding that an individual or individuals Abuse, Neglect, or
				Exploitation of an Incapacitated or Dependent Adult did occur).
c. Final written findings shall include the
				following, as appropriate:
i. A summary of
				the facts on which APS relied to reach a determination;
ii. A clear statement indicating whether or
				not the reported allegation(s) of Abuse, Neglect, or Exploitation or the
				substantial risk thereof are supported by a preponderance of the
				evidence;
iii. What, if any,
				services were arranged for the protection of the Incapacitated or Dependent
				Adult;
iv. What, if any, actions
				will be taken as a result of the findings, including, but not limited to,
				whether the findings will result in a Substantiation, whether the findings will
				result in a referral to law enforcement, and whether additional written
				recommendations should be made to a Provider as a result of the
				investigation.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 1 - Adult Protective Services System › Section 149-1-7 - SUBSTANTIATION

Current through 2024-29, July 17, 2024
1.
Applicability
: Any individual
				who cares for, supports, or provides services to an individual with
				intellectual disability or autism and is found by APS to have Abused,
				Neglected, or Exploited an individual with intellectual disability or autism is
				subject to the substantiation process described herein.
2.
Substantiation Categories
a.
Level I Substantiation
i. A Level I Substantiation reflects a
				finding by a preponderance of the evidence (based on an APS Investigation and
				final written findings) that an individual Abused, Neglected, or Exploited an
				individual with intellectual disability or autism by engaging one or more of
				the following:
1. Sexual abuse or sexual
				exploitation, which means contact or interaction of a sexual nature involving
				an individual with intellectual disability or autism without the individual's
				consent or where consent cannot be given by the individual (i.e.,
				incapacity);
2. Exploitation
				involving the illegal or improper use of an individual with intellectual
				disability or autism's resources for another's profit or advantage;
3. Intentionally, knowingly, or recklessly
				causing physical harm or pain or mental anguish through the infliction of
				injury, unreasonable confinement, intimidation, or cruel punishment;
4. Intentionally, knowingly, or recklessly
				causing a threat to the health or welfare of an individual with intellectual
				disability or autism by physical or mental injury or impairment, deprivation of
				essential needs, or failure to protect from these;
5. Intentionally, knowingly, recklessly, or
				negligently engaging in abuse or neglect that results in serious harm to an
				individual with intellectual disability or autism;
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 2 - Adult Protective Services System › Section 149-2-1 - INTRODUCTION

Current through 2024-29, July 17, 2024
This chapter sets forth the policy of the Maine Department of
				  Health and Human Services (Department) regarding reporting of known or
				  suspected Abuse, Neglect, or Exploitation of Incapacitated or Dependent adults,
				  Adult Protective Services investigations, and substantiations and coordination
				  with other agencies. As required by 22 M.R.S. Ch. 958-A and 34-B M.R.S. §
				  5604-A, the Adult Protective Services unit in the Office of Aging and
				  Disability Services (OADS) investigates reports of Abuse, Neglect, or
				  Exploitation, or the substantial risk of Abuse, Neglect, or Exploitation for
				  Incapacitated and Dependent adults, including individuals with intellectual
				  disabilities or Autism Spectrum Disorder. This rule is in conformance with the
				  May 31, 2005, amended consent decree in Bouyea v. Nicholas, U.S. Dist. Ct., D.
				  Me., No. 1:04-cv-28. The Department will preserve the confidentiality and limit
				  the disclosure of Adult Protective Services records in conformance with the
				  Adult Protective Services Act, 22 M.R.S. § 3470, et seq.
Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 149 - OFFICE OF AGING AND DISABILITY SERVICES › Chapter 2 - Adult Protective Services System › Section 149-2-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
1. Abuse: the infliction of injury,
				Unreasonable Confinement, Intimidation or cruel punishment that Causes or is
				likely to Cause physical harm or pain or mental anguish; sexual abuse or sexual
				exploitation; financial exploitation; or the intentional, knowing or reckless
				deprivation of essential needs, through Acts or Omissions. Abuse may include a
				continuing pattern of behavior that cumulatively causes Abuse, Neglect, or
				Exploitation to the Incapacitated or Dependent Adult. An Act or Omission is
				"likely" to cause physical harm, pain, or mental anguish if physical harm,
				pain, or mental anguish are the probable result of the Act or Omission.
A. For the purposes of this definition of
				Abuse, the following terms mean:
1. Act: an
				intentional bodily movement;
2.
				Cause: to prompt an outcome that would not have occurred but for the action or
				omission;
3. Intimidation: the
				intentional act of coercing, with or without physical force, an Incapacitated
				or Dependent Adult to do something against such incapacitated or dependent
				person's wishes or best interests;
4. Omission: a purposeful failure to do
				something that one has a legal obligation to do;
5. Unreasonable Confinement: the solitary,
				involuntary confinement for any period of time of an Incapacitated or Dependent
				Adult in a room or specific area from which egress is denied by a locking
				mechanism or barrier.