Current through 2024-51, December 18, 2024
Section 472-1-A-II - DEFINITIONSA. Bureau means the Bureau of Children With Special Needs.B. Child means an individual who has not reached his or her 18th birthday and who has not been emancipated by a court order.C. Community Support Worker means an individual who coordinates a recipient's ISP; locates and monitors the services identified in the plan; and performs other duties as specified in the settlement agreement in Bates v Peet , and in agency contracts. Community Support Workers are employed by agencies or programs contracted with the Bureau of Children with Special Needs to perform this function.D. Complaint means an allegation by a person or agency charged with investigating violations of client rights or with delivering or monitoring mental health services of violation of basic rights of a recipient, including those enumerated in these rules and the Settlement Agreement in Bates v. Peet or any other applicable law or regulation.E. Custodian means the Department of Human Services or a person, other than a parent, awarded custody pursuant to Title 19 or Title 22 of the Maine Revised Statutes.F. Department means Department of Behavioral and Developmental Services.G. Emancipated minor means a minor who has been emancipated by court order. Unless specifically indicated otherwise, an emancipated minor has the same rights, privileges and responsibilities as an adult recipient under the rules Rights of Recipients of Mental Health Services.H. Emergency means a situation in which, as a result of a recipient's behavior due to mental illness, there exists an imminent danger of bodily injury to the recipient or to others.I. Facility, Agency, or Program means any facility providing in-patient psychiatric services, and any agency or facility providing in-patient, residential or outpatient mental health services that are licensed, funded or contracted by either the Department of Behavioral and Developmental Services or the Department of Human Services.J. Grievance means an allegation by a recipient of violation of basic rights, including those enumerated in these rules and the Settlement Agreement in Bates v. Peet or any other applicable law or regulation.K. Guardian means a person appointed by the Probate Court pursuant to Title 18-A of the Maine Revised Statutes.L. Individualized Support Plan (hereafter, "ISP") means a written document that is prepared by a team of persons and that includes an assessment of the recipient's strengths and needs, and describes the recipient's goals and objectives and the services the recipient needs to meet those goals and objectives. The team shall include the recipient except as otherwise provided in these rules.M. Mental Health Institute means a state-operated inpatient facility.N. Non-state Mental Health Institution means a public institution, a private institution or a mental health center as defined by 34-B MRSA, section3801(6).O. Program Area means any discrete part of a facility or agency, including any building, residential program, ward, unit or program site.P. Recipient means any child in need of mental health services as defined by 34-B 6201(2) receiving treatment from any facility, agency or program.Q. Representative means any adult person who has been designated in writing by an emancipated recipient, or by his or her guardian or by his or her legally responsible parent, guardian or custodian to act to aid the recipient in upholding his or her rights under. these rules, except that the representative may not be a client of or a staff person currently employed in the facility through which the recipient receives services.R. Rights Protection and Advocacy Service of the Maine Mental Health System means the Office of Advocacy of the Department, the rights protection and advocacy agencies authorized under 42 U.S.C. §§ 10801 et. seq., or other public agencies authorized by law to investigate grievances and protect rights.S. Treatment means the provision of mental health services to children in need of treatment and their families as defined by 34-B MRSA section6201(3). The services consisting primarily of: (i) psychiatric, psychological, counseling, developmental, and other therapeutic modalities and (ii) social, interpersonal and other living skills, related supportive services and habilitative training.T. Treatment Team means the group of persons, including the recipient, who plan, carry out and review treatment.14- 472 C.M.R. ch. 1, § A-II