Section 197-5-1 - STATEMENT OF PRINCIPLES AND INTENT5.01-1Principles. Provision of supports shall adhere to the principles of Social Role Valorization, normalization and full inclusion, and services shall be delivered in a respectful, positive mannerin a healthy, safe environment, and in conformance with the Rights and Basic Protections established in 34-B M.R.S. §5605. Planning Teams must focus on building Positive Supports for the Person they serve. The Planning Team must create a plan that will assist the Person to develop positive skills and techniques that empower the Person to demonstrate positive, Prosocial Behavior. Supporting a Person to change his or her Challenging Behavior must be done as part of the Personal Planning process, with a continued focus on Positive Supports.
5.01-2Intent. The purpose of this rule is to ensure that services provided to Persons experiencing Challenging Behavior are based on Positive Support strategies, and adhere to the commitment to end Coercion and minimize unplanned, informal and inconsistent interventions. In defining Challenging Behavior in these regulations it is not the Department's intent to expand the scope of this rule beyond what is now commonly understood in this field to be those types of behaviors which seriously interfere and impact a Person's ability to have positive life experiences.
It is not the Department's intention to promote Behavior Modification, Behavior Management or any form of Emergency Intervention, but only to assure that when they are utilized, the use is in a manner that protects the Person's Rights and well-being.
5.01-3MaineCare HCBS Waiver Members. Where the Person experiencing Challenging Behavior receives MaineCare HCBS waiver services regulated, in part, under 10-144 C.M.R. ch. 101 (MaineCare Benefits Manual or "MBM"), Ch. I, Sec. 6 - Global HCBS Waiver Person-Centered Planning and Settings Rule, the provision of supports authorized under this Chapter 5 shall comply with MBM Ch. I, Sec. 6 - the "Global HCBS Waiver Rule".