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Licensing and Regulatory Servcies
State House Station #11
41 Anthony Avenue
Augusta Maine 04333

Telephone: 1-800-791-4080
(207)287-9300
TDD Number: 1-800-606-0215

Social Services Help

 

Community Services Programs

Children Mental Health Rights; Rules of General Applicability -
Notification of Rights

A. Recipients and their legally responsible parents, guardians or custodians have the right to be notified of all rights accorded recipients of services, by Maine statute, these rules, the Bates v. Peet Settlement Agreement, as applicable and by associated policy. The notice shall provide information about the grievance process and the right to be assisted by a representative of one's choice. The notice shall include a list and description of the advocacy services available.

B. At the time of admission or intake, or as soon afterwards as is reasonably feasible, each recipient and his or her legally responsible parents, guardians or custodians shall be informed, to the extent possible, of the recipient's rights under these rules in terms that are understandable.

1. Such information shall be given in an age appropriate manner designed to be comprehensible to the individual receiving the information by an employee of the facility or program.
2. In cases where the recipient does not understand English or is deaf, the notification of rights shall be conducted by an interpreter.
3. If the recipient's condition at admission or intake precludes understanding of his or her rights, additional attempts to provide information about rights shall occur and be documented.
4. Documentation of the results of the discussion about rights shall be noted in the recipient's permanent treatment record.
5. Recipients shall be further advised of their rights pursuant to these rules and the Settlement Agreement in Bates v. Peet, as applicable.

C. At the time of admission or intake, each recipient shall be given a summary of these recipient rights written in plain language.

1. Copies of such summary shall also be given to:
   1. The recipient's legally responsible parent, guardian or custodian; or,
   2. In the case of any recipient without a legally responsible parent, guardian or custodian, up to three individuals, if designated by the recipient.
2. Those persons, including the recipient, given copies of summaries shall be noted in the recipient's record.
3. Copies of the summaries shall be conspicuously posted in all agencies, facilities, and program areas.
4. The summaries shall contain instructions for viewing this document and associated policies developed to implement these regulations.
5. The summaries shall be made available in foreign languages, if necessary.

At the time of the notification required by this section, recipients shall be notified that they, their legally responsible parents, guardians or custodians acting on their behalf, or their designated representatives may bring grievances claiming that the practices, procedures or policies of the Department, a non-state mental health institution, or of any agency licensed, funded or contracted by the Department to provide mental health services, violate the terms of these rules, the applicable terms of the Bates v. Peet Settlement Agreement, or any other applicable law or regulation. They shall additionally be notified of other processes whereby grievances may be filed, and of their right to be assisted throughout the grievance procedure by a representative of their choice. In the written notice required by this section, recipients shall additionally be notified of the advocacy services available through the Office of Advocacy and the Protection and Advocacy Agency established pursuant to 42 U.S.C. §§ 10801 et seq.

D. Each program area shall have complete copies of these recipient rights rules, the Settlement Agreement and associated agency policies. The copies shall be made available for review to any person upon request. Additional copies of these documents shall be available, at a reasonable cost, from the Department of Health and Human Services, Office of Child and Family Services, 11SHS, Augusta, Maine 04333-0011.

E. The Office of Advocacy shall have copies of all statutes referenced in these rules. The statutes shall be available for review during regular working hours at the Office of Advocacy, 11 SHS, Augusta, Maine, 04333-0011.

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