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 148-37-3 - PROGRAM ADMINISTRATION

Current through 2024-29, July 17, 2024
A.
GOVERNING
				AUTHORITY
The Facility's governing authority must comply with
				  program-specific standards set out in this rule and applicable statutes.
1.
Responsibility.
The governing
				authority must have ultimate managerial control and legal responsibility for
				the Facility's operation.
2.
Legal authority to operate.
The Facility must maintain documentary
				evidence of its legal authority to operate in the State of Maine, including
				bylaws, articles of incorporation, charter, partnership agreement,
				constitution, articles of association or similar documents as applicable. This
				information must be made available to the Department upon request.
a. A Facility operating as a corporation,
				partnership, or association, whether for-profit or not-for-profit, must
				maintain records of the names and current addresses of officers and
				directors.
b. A Facility operating
				as a for-profit entity must maintain a current list of the names and addresses
				of its principal owners.
3.
Governance.
The governing
				authority of a Facility may reside in an individual or a board of directors.
				The composition and structure of the governing authority must be adequate to
				discharge its responsibilities:
a. Non-profit
				Facilities must have a board of directors, which must:
i. Include community members who reflect
				diverse perspectives which may include youth;
ii. Maintain a record of meetings that
				includes the dates, attendance and topics discussed; records of the board of
				director meetings must be made available to the Department upon
				request;
iii. The board of
				directors must maintain a current record of its membership including the name,
				address, contact information, position and term of office of each
				member.
b. For-profit
				Facilities must have an advisory board, which must:
i. Have a mechanism for obtaining feedback
				from youth that includes a procedure for direct input to the advisory board,
				including community members and local public officials who reflect diverse
				perspectives;
ii. Provide advice to
				the governing authority;
iii.
				Maintain a record of meetings that includes the dates, attendance and topics
				discussed; records must be made available to the Department upon request; and
iv. The governing authority must
				maintain a current record of the membership of the advisory board including the
				name, address, and contact information of each member.
4.
Prohibited.
The
				following persons are prohibited from serving as the governing authority:
a. An employee of the State or federal
				government who has regulatory oversight of the Facility.
b. An employee, or a family member of an
				employee, assigned responsibilities associated with the licensing or regulatory
				oversight of the Facility, or associated with contracting functions of an
				agency that purchases the services of the Facility.
5.
Valid license.
The Facility
				must have a current, valid license.
6.
Responsibilities.
The
				Facility must have a governing authority that is responsible for and has
				authority over the policies and operations of the Facility. The governing
				authority's responsibilities include but are not limited to the following
				provisions:
a. Reviewing written policies and
				procedures required by this rule annually.;
b. Ensuring that the Facility is adequately
				funded and fiscally sound;
c.
				Reviewing and approve the Facility's annual budget;
d. Reviewing and accept the Facility's annual
				audit and annual financial report;
e. Providing facilities, staff, equipment,
				supplies and other resources to provide licensed services;
f. Abuse and neglect in the Facility. The
				Facility must ensure that when the governing authority is made aware that abuse
				and neglect of a youth has occurred, that these instances are appropriately
				reported per Section
				5(G)(1), and that
				reporting procedures exist that are transparent and accessible to all youth and
				employees.
7.
Conflict of interest.
The governing authority is subject to the
				Facility's written conflict of interest policy.