34-B §5001. Definitions - Maine Statutes

Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES HEADING: PL 1995, C. 560, PT. K, §7 (RPR); 2001, C. 354, §3 (AMD)

Chapter 5: MENTAL RETARDATION

Subchapter 1: GENERAL PROVISIONS

§5001. Definitions

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [1983, c. 459, §7 (NEW).]

1. Bureau.

[ 1993, c. 410, Pt. CCC, §23 (RP) .]

1-A. Division.

[ 1995, c. 560, Pt. K, §38 (RP) .]

1-B. Correspondent. "Correspondent" means a person designated by the Consumer Advisory Board or its successor to act as a next friend of a person with mental retardation or autism.

[ 2007, c. 356, §31 (AFF); 2007, c. 356, §8 (NEW) .]

1-C. Family. "Family" means those persons that the person defines as included in that person's family, including as appropriate unpaid individuals with whom the person resides.

[ 2007, c. 356, §31 (AFF); 2007, c. 356, §9 (NEW) .]

2. Incapacitated person. "Incapacitated person" means any person who is impaired by reason of mental retardation to the extent that he lacks sufficient understanding or capacity to make, communicate or implement responsible decisions concerning his person or property.

[ 1983, c. 459, §7 (NEW) .]

2-A. Individual support coordinator. "Individual support coordinator" means a regional staff member of the department with the responsibility for coordinating the personal planning and professional services for a person with mental retardation or autism.

[ 2007, c. 356, §10 (NEW); 2007, c. 356, §31 (AFF) .]

3. Mental retardation. "Mental retardation" means a condition of significantly subaverage intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period.

[ 1989, c. 73, §3 (AMD) .]

3-A. Mentally retarded. In future revisions of this Title, wherever "the mentally retarded" or "mentally retarded persons," or "mentally retarded clients" appears, the phrase "persons with mental retardation" should be substituted.

[ 1989, c. 73, §4 (NEW) .]

3-B. Person. "Person" means an adult with mental retardation or autism.

[ 2007, c. 356, §11 (NEW); 2007, c. 356, §31 (AFF) .]

3-C. Personal planning. "Personal planning" means a process that assists and supports each person with mental retardation or autism in creating a vision for how to live in and be a part of the community.

[ 2007, c. 356, §12 (NEW); 2007, c. 356, §31 (AFF) .]

3-D. Personal planning team. "Personal planning team" means the person with mental retardation or autism, the person's guardian, if any, the person's individual support coordinator or case manager and other individuals chosen or identified by the person to participate in personal planning.

[ 2007, c. 356, §13 (NEW); 2007, c. 356, §31 (AFF) .]

3-E. Professional services. "Professional services" means services provided by individuals licensed to provide medical or behavioral health care and treatment, including but not limited to physicians, nurses, physical therapists, occupational therapists, psychologists, speech therapists and dentists.

[ 2007, c. 356, §14 (NEW); 2007, c. 356, §31 (AFF) .]

4. Protective services. "Protective services" means services which will separate incapacitated adults from danger, including, but not limited to:

A. Social, medical and psychiatric services necessary to preserve the incapacitated adult's rights and resources and to maintain the incapacitated adult's physical and mental well-being; and [1983, c. 459, §7 (NEW).]

B. Seeking guardianship or a protective order under Title 18-A, Article 5. [1983, c. 459, §7 (NEW).]

[ 1983, c. 459, §7 (NEW) .]

5. Region. "Region" means any of the regions established by the department.

[ 1995, c. 560, Pt. K, §39 (AMD) .]

6. Supportive services. "Supportive services" means services to make it possible for an incapacitated person to become rehabilitated or self-sufficient to the maximum extent possible, including but not limited to:

A. Counseling; [1983, c. 459, §7 (NEW).]

B. Transportation; [1983, c. 459, §7 (NEW).]

C. Assistance in obtaining adequate housing; [1983, c. 459, §7 (NEW).]

D. Medical and psychiatric care; and [1983, c. 459, §7 (NEW).]

E. Nutritional services. [1983, c. 459, §7 (NEW).]

[ 1983, c. 459, §7 (NEW) .]

7. Ward. "Ward" means a person for whom the department has been duly appointed guardian under Title 18-A, article V, Part 6.

[ 1995, c. 560, Pt. K, §40 (AMD) .]

SECTION HISTORY

1983, c. 459, §7 (NEW). 1989, c. 73, §§3,4 (AMD). 1993, c. 410, §§CCC23-25 (AMD). 1995, c. 560, §§K38-40 (AMD). 2007, c. 356, §§8-14 (AMD). 2007, c. 356, §31 (AFF).