Maine Revised Statutes Title 34-B Sec. 5461 – Definitions
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As used in this Article, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 459, §7 (NEW).]
1. Advocate. “Advocate” means a person:
A. Who is familiar with the procedures involved in providing services to persons with intellectual disabilities or autism; and [PL 2011, c. 542, Pt. A, §104 (AMD).]
B. Who is capable of advocating solely on behalf of a person with an intellectual disability or autism. [PL 2011, c. 542, Pt. A, §104 (AMD).]
[PL 2011, c. 542, Pt. A, §104 (AMD).]
Terms Used In Maine Revised Statutes Title 34-B Sec. 5461
- Adult developmental services: means any support or assistance provided, licensed or funded in whole or in part by the department pursuant to chapter 5 or 6 to an adult with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 1001
- Advocate: means a person:
A. See Maine Revised Statutes Title 34-B Sec. 5461Client: means a person asking the department for adult developmental services or the person for whom those services are asked. See Maine Revised Statutes Title 34-B Sec. 5461 Community: means the municipality or other area in which the client resides when applying for services. See Maine Revised Statutes Title 34-B Sec. 5461 Comprehensive evaluation: means a comprehensive set of evaluations that:
A. See Maine Revised Statutes Title 34-B Sec. 5461Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001 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. See Maine Revised Statutes Title 34-B Sec. 5001 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Habilitation: means a process by which a person is assisted to acquire and maintain skills that:
A. See Maine Revised Statutes Title 34-B Sec. 5461Individual support coordinator: means a regional staff member of the department with the responsibility for coordinating the personal planning and professional services for a person eligible for adult developmental services under this Title. See Maine Revised Statutes Title 34-B Sec. 5001 Intellectual disability: means a condition of significantly subaverage intellectual functioning resulting in or associated with concurrent impairments in adaptive behavior and manifested during the developmental period. See Maine Revised Statutes Title 34-B Sec. 5001 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Person: means an adult with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 5001 Personal planning: means a process that assists and supports each person who has an intellectual disability or autism in creating a vision for how to live in and be a part of the community. See Maine Revised Statutes Title 34-B Sec. 5001 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. See Maine Revised Statutes Title 34-B Sec. 5461 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. See Maine Revised Statutes Title 34-B Sec. 5461 Professional: means :
A. See Maine Revised Statutes Title 34-B Sec. 5461Service 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. See Maine Revised Statutes Title 34-B Sec. 5461 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:
2. Client. “Client” means a person asking the department for adult developmental services or the person for whom those services are asked.
[PL 2011, c. 542, Pt. A, §104 (AMD).]
3. Community. “Community” means the municipality or other area in which the client resides when applying for services.
[PL 1983, c. 459, §7 (NEW).]
4. Comprehensive evaluation. “Comprehensive evaluation” means a comprehensive set of evaluations that:
A. Results in the distinguishing of intellectual disabilities and autism from other conditions; [PL 2011, c. 542, Pt. A, §104 (AMD).]
B. Determines the severity of disability resulting from an intellectual disability or autism and other conditions; and [PL 2011, c. 542, Pt. A, §104 (AMD).]
C. Estimates the degree to which the intellectual disability or autism and other conditions can be ameliorated. [PL 2011, c. 542, Pt. A, §104 (AMD).]
[PL 2011, c. 542, Pt. A, §104 (AMD).]
5. Facility.
[PL 2013, c. 21, §3 (RP).]
6. Habilitation. “Habilitation” means a process by which a person is assisted to acquire and maintain skills that:
A. Enable that person to cope more effectively with the demands of that person’s own person and of the environment; [RR 2019, c. 2, Pt. B, §99 (COR).]
B. Raise the level of that person’s physical, mental and social efficiency; and [RR 2019, c. 2, Pt. B, §99 (COR).]
C. Upgrade that person’s sense of well-being. [RR 2019, c. 2, Pt. B, §99 (COR).]
[RR 2019, c. 2, Pt. B, §99 (COR).]
7. Interdisciplinary team.
[PL 2003, c. 389, §2 (RP).]
7-A. Likelihood of serious harm.
[PL 2013, c. 21, §4 (RP).]
8. Person in need of institutional services.
[PL 2013, c. 21, §5 (RP).]
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.
[PL 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.
[PL 2003, c. 389, §3 (NEW).]
9. Prescriptive program plan.
[PL 2003, c. 389, §4 (RP).]
10. Professional. “Professional” means:
A. A person possessing appropriate licensure, certification or registration to practice that person’s discipline in the community; or [RR 2019, c. 2, Pt. B, §100 (COR).]
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 persons with intellectual disabilities or autism or 3 years’ experience in a related human services field. [PL 2011, c. 542, Pt. A, §107 (AMD).]
[RR 2019, c. 2, Pt. B, §100 (COR).]
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 [PL 2003, c. 389, §5 (AMD).]
B. [PL 2003, c. 389, §5 (AMD).]
C. [PL 2003, c. 389, §5 (AMD).]
D. The client has either a single service need or routine service needs. [PL 2003, c. 389, §5 (AMD).]
[PL 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.
[PL 1983, c. 459, §7 (NEW).]
12. Voluntary admission.
[PL 1983, c. 580, §14 (RP).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1983, c. 580, §§11-14 (AMD). PL 2003, c. 389, §§2-5 (AMD). PL 2011, c. 542, Pt. A, §§104-107 (AMD). PL 2013, c. 21, §§3-5 (AMD). RR 2019, c. 2, Pt. B, §§99, 100 (COR).