Rights of Recipients of Mental Health Services; Basic Statement

These rules were initially promulgated on October 1, 1984, pursuant to 34-B M.R.S.A. 3003, that directed the Division of Mental Health to promulgate rules pursuant to the Maine Administrative Procedure Act for the enhancement and protection of the rights of clients receiving services from the Department of Behavioral and Developmental Services, state and non-state mental health institutions or units, or from any program or facility administered or licensed by the Department. These rules were subsequently amended on October 1, 1986, October 1, 1989, and January 1, 1995.

On August 2, 1990, the Kennebec County Superior Court approved the terms of a Consent Decree in the case of Paul Bates, et al. v. Sue Davenport, et al., Docket No. CV-89-88. The Consent Decree incorporated the contents of a Settlement Agreement, the terms of which require the defendants to draft revisions to the "Rights of Recipients of Mental Health Services" as needed to incorporate the provisions governing grievances and complaints and to make these rules consistent with the terms of the Settlement Agreement.