Maine Revised Statutes > Title 7 > Part 10 > Chapter 747 – Nutrient Management Act
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Terms Used In Maine Revised Statutes > Title 7 > Part 10 > Chapter 747 - Nutrient Management Act
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- 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
- Ally: means an individual who a person trusts to provide assistance. See Maine Revised Statutes Title 34-B Sec. 5601
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Animal feeding operation: means a lot or facility where animals are confined and fed for a total of at least 45 days in a 12-month period. See Maine Revised Statutes Title 7 Sec. 4201
- Animal unit: means 1,000 pounds of animal body weight. See Maine Revised Statutes Title 7 Sec. 4201
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Balanced budget: A budget in which receipts equal outlays.
- Behavior management: means systematic strategies to prevent the occurrence of challenging behavior or to keep the person or others safe by reducing the factors that lead to challenging behavior or otherwise limiting the person's ability to engage in challenging behavior. See Maine Revised Statutes Title 34-B Sec. 5601
- Behavior modification: means teaching strategies, positive support and other interventions to support a person to learn alternatives to challenging behavior. See Maine Revised Statutes Title 34-B Sec. 5601
- Blended funding: means funding from all sources from the budgets and funds of the departments that are combined to be used for the provision of care and services under this chapter. See Maine Revised Statutes Title 34-B Sec. 15001
- Board: means the Nutrient Management Review Board established in section 4203. See Maine Revised Statutes Title 7 Sec. 4201
- Care: means treatment, services and care for mental health needs, including but not limited to crisis intervention services, outpatient services, respite services, utilization management, acute care, chronic care, residential care, home-based care and hospitalization services. See Maine Revised Statutes Title 34-B Sec. 15001
- Child: means a person from birth to 20 years of age who needs care for one of the following reasons:
A. See Maine Revised Statutes Title 34-B Sec. 15001Child in need of treatment: means :
A. See Maine Revised Statutes Title 34-B Sec. 6201Commissioner: means the Commissioner of Health and Human Services or the commissioner's designee, except that when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Health and Human Services and not to any designee. See Maine Revised Statutes Title 34-B Sec. 1001 Contract: A legal written agreement that becomes binding when signed. Correspondent: means a person designated by the Consumer Advisory Board or its successor to act as a next friend of a person with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 5001 Counterclaim: A claim that a defendant makes against a plaintiff. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 15001 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001 Departments: means the Department of Corrections, the Department of Education and the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 15001 Dependent: A person dependent for support upon another. Dower: A widow Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executor: A male person named in a will to carry out the decedent Express and informed consent: means consent voluntarily given with sufficient knowledge and comprehension of the subject matter involved so as to enable the person giving consent to make an understanding and enlightened decision, without any element of force, fraud, deceit, duress or other form of constraint or coercion. See Maine Revised Statutes Title 34-B Sec. 5601 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 Family: means the child's family and includes, as applicable to the child, the child's parents, legal guardian and guardian ad litem. See Maine Revised Statutes Title 34-B Sec. 15001 Farm nutrient: means a substance or recognized plant nutrient, element or compound that is used or sold for its plant nutritive content or its claimed nutritive value for use in growing crops. See Maine Revised Statutes Title 7 Sec. 4201 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Fraud: Intentional deception resulting in injury to another. Grantee: means the person to whom a freehold estate or interest in land is conveyed. See Maine Revised Statutes Title 1 Sec. 72 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 the process by which an individual is assisted to acquire and maintain those life skills that enable that individual to cope with the demands of that individual's own person and environment, to raise the level of that individual's physical, mental and social efficiency and to upgrade that individual's sense of well-being, including, but not limited to, programs of formal, structured education and treatment. See Maine Revised Statutes Title 34-B Sec. 5601 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Incapacitated person: means any person who is impaired by reason of intellectual disability or autism to the extent that the person lacks sufficient understanding or capacity to make, communicate or implement responsible personal decisions or decisions regarding the person's property. See Maine Revised Statutes Title 34-B Sec. 5001 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 eligible for adult developmental services under this Title. See Maine Revised Statutes Title 34-B Sec. 5001 Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72 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 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Lien: A claim against real or personal property in satisfaction of a debt. Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant). Normalization principle: means the principle of assisting the person with an intellectual disability or autism to obtain an existence as close to normal as possible and making available to that person patterns and conditions of everyday life that are as close as possible to the norms and patterns of the mainstream of society. See Maine Revised Statutes Title 34-B Sec. 5601 Nutrient management plan: means a written document that outlines how farm nutrients are stored, managed and utilized on the farm for which the plan is written. See Maine Revised Statutes Title 7 Sec. 4201 Other departments: means the Department of Corrections and the Department of Education. See Maine Revised Statutes Title 34-B Sec. 15001 Oversight: Committee review of the activities of a Federal agency or program. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an adult with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 5001 Person receiving services: means a person with an intellectual disability or autism receiving services from the department or from an agency or facility licensed or funded to provide services to persons with intellectual disabilities or autism except those presently serving sentences for crime. See Maine Revised Statutes Title 34-B Sec. 5601 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 team: means the person with an intellectual disability 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. See Maine Revised Statutes Title 34-B Sec. 5001 Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. 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. See Maine Revised Statutes Title 34-B Sec. 5001 Program: means the Children's Mental Health Program established in section 15002. See Maine Revised Statutes Title 34-B Sec. 15001 Protective services: means services which will separate incapacitated adults from danger, including, but not limited to:
A. See Maine Revised Statutes Title 34-B Sec. 5001Provider: means an entity, organization or individual providing services to an adult with an intellectual disability or autism, funded in whole or in part or licensed or certified by the department. See Maine Revised Statutes Title 34-B Sec. 5601 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Region: means any of the regions established by the department. See Maine Revised Statutes Title 34-B Sec. 5001 Regulated residual: means a residual regulated by the Department of Environmental Protection pursuant to Title 38, chapter 13 that is used primarily for its nitrogen and phosphorous value as determined by the Department of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 7 Sec. 4201 Related condition: means a condition that meets the definition in 42 C. See Maine Revised Statutes Title 34-B Sec. 5001 Remainderman: One entitled to the remainder of an estate after a particular reserved right or interest, such as a life tenancy, has expired. Resident: means a person residing in a state institution or in any other institution which provides services which fall under the jurisdiction of the department. See Maine Revised Statutes Title 34-B Sec. 1001 Residual: means any material generated as a byproduct of a nonagricultural production or treatment process that has value as a source of crop nutrients or soil amendment. See Maine Revised Statutes Title 7 Sec. 4201 Respite care: means temporary care-giving to a child or adult for the purpose of relieving that person's family or another primary care-giver. See Maine Revised Statutes Title 34-B Sec. 6201 Restraint: means a mechanism or action that limits or controls a person's voluntary movement, deprives a person of the use of all or part of the person's body or maintains a person in an area against the person's will by another person's physical presence or coercion. See Maine Revised Statutes Title 34-B Sec. 5601 Safety device or practice: includes but is not limited to implements, garments, gates, barriers, locks or locking apparatuses, alarms, helmets, masks, gloves, straps, belts or protective gloves whose purpose is to maintain the safety of the person. See Maine Revised Statutes Title 34-B Sec. 5601 Seclusion: means the solitary, involuntary confinement for any period of time of a person receiving services in a room or specific area from which egress is denied by a locking mechanism or barrier. See Maine Revised Statutes Title 34-B Sec. 5601 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. See Maine Revised Statutes Title 34-B Sec. 5001Supports: means actions or assistance that empowers a person with an intellectual disability or autism to carry out life activities, build relationships and learn the skills necessary to meet the person's needs and desires. See Maine Revised Statutes Title 34-B Sec. 5601 Therapeutic device or intervention: means an apparatus or activity prescribed by a qualified professional to achieve proper body position, balance or alignment or an action or apparatus that is designed to enhance sensory integration. See Maine Revised Statutes Title 34-B Sec. 5601 Treatment: means the prevention or amelioration of physical and mental disabilities or illness of a person or any actions or services designed to assist the person to maximize the person's independence and potential. See Maine Revised Statutes Title 34-B Sec. 5601 Treatment: means the same as "care" as defined in subsection 2, for the purposes of this chapter. See Maine Revised Statutes Title 34-B Sec. 15001 Treatment: means the provision of services to children in need of treatment and their families, the services consisting primarily of:
A. See Maine Revised Statutes Title 34-B Sec. 6201Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Verdict: The decision of a petit jury or a judge. Ward: means a person for whom the department has been duly appointed guardian under Title 18?C, Article 5, Part 7. See Maine Revised Statutes Title 34-B Sec. 5001