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Community Services Programs

Children Mental Health Rights; Rules of General Applicability - Assistance in the Protection of Rights

A. Recipients have the right to assistance in the protection of their rights.

B. Right to Name Recipient Representative. Emancipated minor recipients and legally responsible parents, guardians or custodians of other minor recipients have the right to name a representative, in writing, to uphold the rights of the recipient. Aid may include one or more of the following activities: assistance in the formulation and processing of a grievance, participation in the informal or formal development and revision of, an ISP or hospital treatment and discharge plan, or any other type of representative assistance activity referenced in these rules. The provision of aid by a designated representative shall be governed by this section and by other relevant sections of these rules.

C. Notification. Each agency, facility or program shall inform each recipient and legally responsible parent, guardian or custodian of the recipient's right to assistance. All emancipated minor recipients or legally responsible parents, guardians or custodians shall be notified of their right to name a representative.

  1. Designation in writing. If an emancipated minor recipient or the legally responsible parent, guardian or custodian of any other recipient desires a representative for the recipient, he or she shall designate, in writing, a person to aid the recipient in upholding his or her rights.
  2. Time for designation. The emancipated minor recipient or the legally responsible parent, guardian or custodian may designate a representative at any time.
  3. Change in representative. Provision shall be made for change of representative upon request of the emancipated minor recipient or the recipient's legally responsible parent, guardian or custodian.
  4. Representative's physical access. The representative shall have reasonable access to all living and program areas and to staff involved in the treatment of the recipient in order to assist the recipient in the protection of his or her rights.
  5. Confidentiality. The representative may obtain access to confidential information as defined under 34B MRSA Section 1207 concerning the recipient by obtaining the appropriate party's written informed consent to such disclosure under Part B, Section IV or Part C, Section III of these rules.
  6. Communication. An emancipated minor recipient shall have access, at any reasonable time, to a telephone to contact his or her representative pursuant to Section VIII of these rules.
  7. Involvement in ISP and Treatment and Discharge Planning.
    1. The recipient's representative shall be given no less than 10 days written notice of ISP meetings unless the emancipated minor recipient or the legally responsible parent, guardian or custodian directs that the representative not be invited. The representative's involvement may include, unless otherwise limited pursuant to these rules, participation in treatment meetings, alternative treatment meetings or discharge planning meetings. When the meeting is being convened to address an emergency, notice reasonable for the circumstances shall be given.
    2. The representative shall be notified when the recipient is determined to lack clinical capacity pursuant to Section IV, Part B (Inpatient and Residential Settings) or Section 11, Part C (Outpatient Settings) of these rules.
    3. The representative shall receive a copy of prescribed medication, dosage levels, schedules and side-effects and a copy of the aftercare plan upon the discharge of the recipient, if the emancipated recipient or the legally responsible parent, guardian or custodian of the recipient authorizes such a release.

D. Protection and Advocacy Services. Each recipient and his or her legally responsible parent, guardian or custodian shall be informed of governmental rights protection and advocacy services available in the state. Recipients and their legally responsible parents, guardians or custodians have the right to request assistance from the State's governmental rights protection and advocacy service at any time.

An advocate who assists a recipient shall attempt, either directly or through appropriate referral, to ensure that the recipient's and the legally responsible parent's, guardian's or custodian's interests are all represented, if possible. Such services are available through:

  1. The Office of Advocacy of the Department, which is mandated by State law to investigate the claims and grievances of recipients of services provided by the Department and to monitor the compliance of any facility or agency administered by the Department with all laws, rules, and policies relating to the rights and dignity of service recipients.
  2. Other governmental agencies including the Protection and Advocacy Agency for Persons with Disabilities and the Maine Human Rights Commission.

E. Recipients may, at their request, be represented by a private advocate. The unemancipated minor or the legally responsible parent, guardian or custodian of an unemancipated minor must authorize and bear the expense of representation by a private advocate.

F. A report of formal complaints and grievances appealed to the chief administrative officer of an in-patient psychiatric facility, the Director of the Office of Child and Family Services and the Commissioner, be compiled semi-annually by the Department and submitted to the Office of Advocacy, the Office of the Master established pursuant for the terms of the Settlement Agreement in Bates v. Peet, and plaintiff's counsel in that action.