34-B §5461. 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 3: SERVICES FOR MENTALLY RETARDED PERSONS

Article 3: PROCEDURES

§5461. Definitions

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

1. Advocate. "Advocate" means a person:

A. Who is familiar with the procedures involved both in admitting mentally retarded persons to a facility and in providing services to those persons; and [1983, c. 459, §7 (NEW).]

B. Who is capable of advocating solely on behalf of a mentally retarded person. [1983, c. 459, §7 (NEW).]

[ 1983, c. 459, §7 (NEW) .]

2. Client. "Client" means a person asking the department for mental retardation services or the person for whom those services are asked.

[ 1983, c. 459, §7 (NEW) .]

3. Community. "Community" means the municipality or other area in which the client resides when applying for services.

[ 1983, c. 459, §7 (NEW) .]

4. Comprehensive evaluation. "Comprehensive evaluation" means a comprehensive set of evaluations which:

A. Results in the distinguishing of mental retardation from other conditions; [1983, c. 459, §7 (NEW).]

B. Determines the severity of disability resulting from mental retardation and other conditions; and [1983, c. 459, §7 (NEW).]

C. Estimates the degree to which mental retardation and other conditions can be ameliorated. [1983, c. 459, §7 (NEW).]

[ 1983, c. 459, §7 (NEW) .]

5. Facility. "Facility" means a residential facility operated by the department for mentally retarded clients.

[ 1983, c. 459, §7 (NEW) .]

6. Habilitation. "Habilitation" means a process by which a person is assisted to acquire and maintain skills which:

A. Enable him to cope more effectively with the demands of his own person and of the environment; [1983, c. 459, §7 (NEW).]

B. Raise the level of his physical, mental and social efficiency; and [1983, c. 459, §7 (NEW).]

C. Upgrade his sense of well-being. [1983, c. 459, §7 (NEW).]

[ 1983, c. 459, §7 (NEW) .]

7. Interdisciplinary team.

[ 2003, c. 389, §2 (RP) .]

7-A. Likelihood of serious harm. "Likelihood of serious harm" means:

A. A substantial risk of physical harm to the person himself as manifested by evidence of recent threats of, or attempts of, suicide or serious bodily harm to himself, and after consideration of less restrictive treatment settings and modalities, a determination that community resources for his care and treatment are unavailable; [1983, c. 580, §11 (NEW).]

B. A substantial risk of physical harm to other persons as manifested by recent evidence of violent behavior or recent evidence that others are placed in reasonable fear of serious physical or emotional harm to them and, after consideration of less restrictive treatment settings and modalities, a determination that community resources for his care and treatment are unavailable; or [1983, c. 580, §11 (NEW).]

C. A reasonable certainty that severe physical or mental impairment or injury will result to the mentally retarded person as manifested by recent evidence of his actions or behavior which demonstrates his inability to avoid or protect himself from that impairment or injury and, after consideration of less restrictive treatment settings and modalities, a determination that suitable community resources for his care are unavailable. [1983, c. 580, §11 (NEW).]

[ 1983, c. 580, §11 (NEW) .]

8. Person in need of institutional services. "Person in need of institutional services" means a person who, because of mental retardation and other severely disabling conditions, is unable to care for himself and to avoid or protect himself from severe physical or psychological impairment, and who needs habilitation in an institutional setting designed to improve his ability to care for and protect himself.

[ 1983, c. 459, §7 (NEW) .]

8-B. Personal planning process. "Personal planning process" means a process of planning with a client for the coordination and delivery of supportive and other services through the development of a personal plan or service plan. The type of plan, participants and agenda at the planning meeting must be selected by the client or guardian.

[ 2003, c. 389, §3 (NEW) .]

8-C. Planning team. "Planning team" means those persons, including at a minimum the client, the client's guardian and the client's individual support coordinator and others selected by the client or guardian to participate, who develop a personal plan or service plan. The planning team may include family, friends, service providers, correspondents, advocates and others.

[ 2003, c. 389, §3 (NEW) .]

9. Prescriptive program plan.

[ 2003, c. 389, §4 (RP) .]

10. Professional. "Professional" means:

A. A person possessing appropriate licensure, certification or registration to practice his discipline in the community; or [1983, c. 580, §12 (NEW).]

B. Where licensure, certification or registration is not required, a person possessing a master's degree in the appropriate discipline or a person possessing a bachelor's degree in the appropriate discipline and 3 years' experience in treating mentally retarded persons or 3 years' experience in a related human services field. [1983, c. 580, §12 (NEW).]

[ 1983, c. 580, §12 (RPR) .]

10-A. Service plan. "Service plan" means one type of plan resulting from the personal planning process for the delivery and coordination of specific services to a client when:

A. The client or guardian has chosen this type of plan over a personal plan; or [2003, c. 389, §5 (AMD).]

B. [2003, c. 389, §5 (AMD).]

C. [2003, c. 389, §5 (AMD).]

D. The client has either a single service need or routine service needs. [2003, c. 389, §5 (AMD).]

[ 2003, c. 389, §5 (AMD) .]

11. Service agreement. "Service agreement" means a written form in which the persons designated in section 5471 agree to the type of services and programs for and the manner of providing services to the client.

[ 1983, c. 459, §7 (NEW) .]

12. Voluntary admission.

[ 1983, c. 580, §14 (RP) .]

SECTION HISTORY

1983, c. 459, §7 (NEW). 1983, c. 580, §§11-14 (AMD). 2003, c. 389, §§2-5 (AMD).