Community Services Programs
Children Mental Health Rights; Rules of General Applicability -
Compliants
A. A complaint may be filed by any person or agency
which is charged with investigating violations of
client rights or with delivering or monitoring mental
health services. The complaint procedure may be
used when:
- such person or agency knows or has reason
to believe that the practices, procedures (including
the development, substantive terms or implementation
of ISP's or hospital treatment and discharge plans)
or policies of the Department or of any agency licensed,
funded or contracted by the Department to provide
services elsewhere described in these rules, violate
these rules, the terms of the Settlement Agreement
in Bates v. Peet, and any other applicable law or
regulation; and
- the information was obtained during the general
course of the person's or agency's performance of
their responsibilities.
B. Complaints which include allegations of employee
misconduct shall be processed, but no disciplinary
action may be taken nor facts found with regard
to the alleged misconduct except in accordance with
applicable personnel rules, policies, and labor
contract provisions.
C. Complaints arising in an in-patient setting
shall be addressed to the chief administrative officer
of said facility, who shall forthwith refer them
to the supervisor of the service delivery unit in
which the complaint arose.
D. Complaints arising in the community shall be
addressed to the agency employee designated to receive
complaints.
E. A formal written response shall be made within
five days of receipt by the persons listed in (C)
and (D) above, excluding weekends and holidays.
F. Decisions described in (C) above shall be appealable
within 5 working days to the Chief Administrative
Officer of the facility, who shall respond within
5 working days.
G. Decisions described in (D) above shall be appealable
within five working days to the Director of the
Office of Child and Family Services or designee,
who shall respond within five working days.
H. Decisions resulting from (F) and (G) above
shall be appealable to the Commissioner within five
working days, who shall respond within five working
days.
J. Investigations shall be conducted at each
level of the complaint and shall include, as needed,
interviews, site visits, or other data collection
activities. At the conclusion of each investigation,
a written summary of the results of the investigation
and a statement of the remedial action to be taken,
if any, shall be provided to the complainant, subject
to the limitations of 5 M.R.S.A. § 7070(2)(E).
