Section 148-37-2 - DEFINITIONSDefinitions 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.10- 148 C.M.R. ch. 37, § 2