Maine § 34-B §5604 Protection

Maine Statutes

§ 34-B §5604 — Protection

Maine·Title 34-B BEHAVIORAL AND DEVELOPMENTAL SERVICES·Ch. 5 INTELLECTUAL DISABILITIES AND AUTISM

The Legislature finds and declares that the rights of persons with intellectual disabilities, autism or acquired brain injuries can be protected best under a system of services that operates according to the principles of normalization and full inclusion and that the State's system of services must operate according to these principles with the goals of:

1.Community-based services. Continuing the development of community-based services that provide reasonable alternatives to institutionalization in settings that are least restrictive to the person receiving services;

2.Independence and productivity. Providing habilitation, education and other training to persons with intellectual disabilities or autism that will maximize each person's potential to lead an independent and productive life

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The Legislature finds and declares that the rights of persons with intellectual disabilities, autism or acquired brain injuries can be protected best under a system of services that operates according to the principles of normalization and full inclusion and that the State's system of services must operate according to these principles with the goals of:
1.
Community-based services.
Continuing the development of community-based services that provide reasonable alternatives to institutionalization in settings that are least restrictive to the person receiving services;
2.
Independence and productivity.
Providing habilitation, education and other training to persons with intellectual disabilities or autism that will maximize each person's potential to lead an independent and productive life and that will afford opportunities for full inclusion into the community where each person lives; and
3.
Grievance right.
Providing a person with an intellectual disability, autism or an acquired brain injury with the right to appeal a decision regarding actions or inactions by the department that affects the person's life. The department shall establish in rule a process for hearing such grievances pursuant to Title 22‑A, section 206, subsection 4. The rules must contain strict time frames for the resolution of grievances. The rules may provide for resolution of grievances through mediation.
4.
Rules.
The rights and basic protections of a person with an intellectual disability, autism or an acquired brain injury under section 5605 may not be restricted or waived by that person's guardian, except as permitted by rules adopted pursuant to this section.
The department has authority to adopt rules to implement this section. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

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Legislative History

PL 1983, c. 459, §7 (NEW). PL 1993, c. 326, §8 (AMD). PL 2007, c. 356, §23 (AMD). PL 2007, c. 356, §31 (AFF). RR 2009, c. 1, §23 (COR). PL 2011, c. 186, Pt. A, §§15-17 (AMD). PL 2011, c. 542, Pt. A, §127 (AMD). PL 2011, c. 657, Pt. EE, §7 (AMD). PL 2021, c. 284, Pt. A, §§7-9 (AMD).