14- 472 C.M.R. ch. 1, § A-I
The purpose of these rules is to articulate the rights of recipients of services who are children in need of treatment so that these rights may be enhanced and protected. Many children in need of services, particularly those who are very young or very disabled, cannot directly exercise their rights. In those cases, it is assumed that a legally responsible parent, guardian or custodian will exercise the child's rights on behalf of the child.
Service recipients should suffer no loss of basic human or civil rights. Because of the circumstances under which recipients are treated, however, the exercise of some rights may require special safeguards. These rules, therefore, intend to keep recipients' rights paramount, to assure that individual rights will be both recognized and protected during the course of services delivery, and to ensure treatment consistent with ethical and professional standards.
If two different standards could be applicable in determining care and treatment provided to any individual client - the law being these rules and federal, state, common law or federal or state administrative rules - the intent of these rules is that the more stringent standard should be applied.
Procedural mechanisms that exist to ensure enforcement of these rules include the licensing authority of the Department of Behavioral and Developmental Services pursuant to 34-B MRSA section3606, the grievance and complaint procedures set forth in these rules, and the Department's contracting authority.
Part A, Rules of General Applicability which apply to all recipients, regardless of the treatment setting, should be read in conjunction with either Part B (for inpatient or residential settings) or Part C (for outpatient settings).
These rights shall be interpreted consistent with the overall purposes and principles.
14- 472 C.M.R. ch. 1, § A-I