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DLRS Home > Children Mental Health Rights > Basic Statement

Community Services Programs

Children Mental Health Rights; Basis Statement

Recipients of mental health services who are children in need of treatment shall suffer no loss of basic human, legal and civil rights.

These rules set forth the rights of patients/clients/consumers and provide procedural mechanisms to protect and enforce those rights by law, regulation or the Settlement Agreement in Bates v. Peet. When children are unable to exercise their rights, it is anticipated that a parent or guardian will exercise them on the child’s behalf.

These rules apply to all facilities providing inpatient psychiatric services and to all agencies or facilities providing inpatient, residential or outpatient mental health service which are licensed, funded or contracted by the Department of Health and Human Services.

Where different standards of care or treatment apply, it is the intent of these rules that the more stringent standard be deemed applicable.

Part A, Section VII, Right to Due Process With Regard to Grievances, and Section IX, Confidentiality of And Access to Mental Health Records, were amended in 2000 as required by 34-B M.R.S.A. Section 15002.

 

Authority: 34-B M.R.S.A. Sections 3003, 15002(4), and 15002(7).
Amended Effective Date: April 14, 2000