C.M.R. 10, 148, ch. 11 - RULES FOR ADVOCACY SERVICES FOR CLIENTS OF THE DEPARTMENT OF HUMAN SERVICES

Rules for implementation of 22 MRSA Ch. 961 by the Department of Human Services and the Protection and Advocacy Agency for Disabled in Maine.

Preamble

In order to assure the rights of persons with developmental disabilities as defined by Public Law 95-602, 42 USC Section 6010 and its amendments, the Development Disabilities Act of 1978 and 22 MRSA Chapter 961, the Department of Human Services and the Advocates for the Developmentally Disabled, or its successor under 22 MRSA Chapter 961, have agreed to the following principles as a basis for assuring the rights of developmentally disabled people:

That rights to habilitation and treatment in settings consistent with humane and decent care as required by 42 USC Section 6010 and its amendments will be implemented on behalf of developmentally disabled people who are served by the Department of Human Services, that such rights will be assured through the efforts of Departmental staff and that the aid of advocates will be sought only when the aforementioned rights cannot be assured by Department staff or when unreasonable delay would result if advocates from the Protection and Advocacy agency were not utilized,

That advocacy for the rights of persons with developmental disabilities is a legitimate and useful function and that advocacy on behalf of its clients is a recognized role of direct service staff of the Department of Human Services, to be supplemented where necessary to assure rights by professional advocates from the State Protection and Advocacy Agency.

That all advocacy services provided to developmentally disabled clients of the Department of Human Services will be in their best interest and aimed at assuring the timely receipt of all services and other entitlements for which the developmentally disabled person may be eligible and, where appropriate, involving the developmentally disabled person directly in any determination of what is in his or her best interest.

That it is the intent of the Department of Human Services to make full and appropriate use of the services of the Protection and Advocacy Agency in meeting the needs of its developmentally disabled clients.

That the Advocates for the Developmentally Disabled will identify problems affecting groups of developmentally disabled consumers, as well as individuals and suggest remedies where appropriate.

That the greater the specificity of problem identification, the more readily resolutions can be found to remedy the identified problems.