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Children's Behavioral Health Services

Grievance Policy for Rights of Recipient

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What can be grieved?
Any possible violation of basic rights, including any right defined in the current edition of the DHHS Rights of Recipients of Mental Health Services or the DHHS Rights of Recipients of Mental Health Services Who Are Children in Need of Treatment, or the Settlement Agreement in Bates v. Duby (the AMHI Consent Decree), or any other applicable law or regulation. All of these documents are available through the DHHS Office of Advocacy at the address listed on page 14 of this Guide.

Grievances may also be filed when you feel you have been subjected to any questionable or inappropriate treatment or method of providing treatment. You may also choose to file a grievance if you are dissatisfied with:

  • any policy or procedure that is used in relation to your care
  • any action taken by a mental health facility or agency
  • inaction on the part of a facility or agency

Who can bring a grievance?
Any recipient of mental health services whose services are delivered by any facility providing inpatient psychiatric services and by all agencies or facilities providing inpatient, residential, or outpatient mental health services (including community support and case management services) that are licensed, funded, or contracted by the Department of Health and Human Services (DHHS).

A grievance may also be brought by a recipient's parent, guardian or custodian, a recipient's attorney, a designated representative (anyone whom the recipient "designates" in writing to represent his or her interests), a representative of the DHHS Office of Advocacy, or a representative of the Disability Rights Center. For more information, consult the Rights of Recipients of Mental Health Services or the Rights of Recipients of Mental Health Services Who Are Children in Need of Treatment, DHHS Office of Advocacy staff, or Disability Rights Center of Maine staff.

Who can guide and/or represent me throughout the grievance process? DHHS Office of Advocacy staff, who are located inside Riverview Psychiatric Center and Dorothea Dix Psychiatric Center , as well as in the community, are available to assist you throughout the process. Disability Rights Center of Maine staff are also very experienced in representing recipients' interests throughout the grievance process.

These individuals are expected to work for you. They can help you put your grievance in writing, file your grievance, appeal decisions made about your grievance, and represent you at any meeting that takes place.

Is information related to my grievance confidential?
The information contained in your records, including information about your grievance, is considered confidential. However, there are circumstances under which such information can be released.

You can, for example, consent (in writing) to have the information contained in your records released to certain individuals while your grievance is being investigated. For more information about confidentiality regulations, consult the Rights of Recipients of Mental Health Services or the Rights of Recipients of Mental Health Services Who Are Children in Need of Treatment or contact the DHHS Office of Advocacy or the Disability Rights Center of Maine.

In addition, if you exercise your right to appeal to the Maine Superior Court under Rule 80C of the Maine Rules of Civil Procedures, the records and the hearing transcript become public records.

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