Maine Revised Statutes > Title 22 > Subtitle 4 > Part 2 – Priority Social Services Program

		Sections
Chapter 1501	General Provisions	6101 – 6103
Chapter 1503	Priority Social Services Program	6105 – 6113
Chapter 1505	Adult Day Care	6201 – 6209

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Terms Used In Maine Revised Statutes > Title 22 > Subtitle 4 > Part 2 - Priority Social Services Program

Abandonment: means any conduct on the part of the parent showing an intent to forego parental duties or relinquish parental claims. See Maine Revised Statutes Title 22 Sec. 4002
Abuse or neglect: means a threat to a child's health or welfare by physical, mental or emotional injury or impairment, sexual abuse or exploitation including under Title 17?A, sections 282, 852, 853 and 855 or deprivation of essential needs, or lack of protection from these, by a person responsible for the child. See Maine Revised Statutes Title 22 Sec. 4002
accumulated contributions: includes as much of the employer's contribution in the Retirement Allowance Fund as is needed to reach 7. See Maine Revised Statutes Title 5 Sec. 17001
Actuarial equivalent: means an amount of equal value when computed at the discount rate contained in actuarial assumptions adopted by the board. See Maine Revised Statutes Title 5 Sec. 17001
Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
Adult day care: means an ongoing program of health, social, maintenance and rehabilitative services available to persons needing this level of service, as determined by an assessment of their functional abilities and need for health and social services. See Maine Revised Statutes Title 22 Sec. 6202
Adults with long-term care needs: means adults who have physical or mental limitations which restrict their ability to carry out activities of daily living and impede their ability to live independently, or who are at risk of being placed, or who already have been placed in an institutional setting. See Maine Revised Statutes Title 22 Sec. 6202
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Aggravating factor: means any of the following circumstances with regard to the parent. See Maine Revised Statutes Title 22 Sec. 4002
Agreement: means a contract, grant or other method of payment. See Maine Revised Statutes Title 22 Sec. 6202
Allegation: something that someone says happened.
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.
Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
Appointment of agent: means a statement appointing an agent for service of process filed by a domestic entity that is not a filing entity or a nonqualified foreign entity under section 112. See Maine Revised Statutes Title 5 Sec. 102
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.
Average final compensation: means :

A. See Maine Revised Statutes Title 5 Sec. 17001

Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}

Beneficiary: means a person or persons designated by a member to receive a benefit under this Part or a person otherwise entitled to receive a benefit under this Part. See Maine Revised Statutes Title 5 Sec. 17001

Benefit: means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V. See Maine Revised Statutes Title 5 Sec. 17001

Bequest: Property gifted by will.

Board: means the board of trustees, established under section 12004?F, subsection 9, to administer the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001

Certificate: means any certificate issued under a group long-term care insurance policy. See Maine Revised Statutes Title 24-A Sec. 5072

Chambers: A judge's office.

Chief executive officer: means the Chief Executive Officer of the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001

Child: means any natural or legally adopted, born or unborn, progeny of a member. See Maine Revised Statutes Title 5 Sec. 17001

Child or children: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72

Child protection proceeding: means a proceeding on a child protection petition under subchapter VI, a subsequent proceeding to review or modify a case disposition under section 4038, an appeal under section 4006, a proceeding on a termination petition under subchapter VI, or a proceeding on a medical treatment petition under subchapter VIII. See Maine Revised Statutes Title 22 Sec. 4002

Child sex trafficking: means the recruitment, harboring, transportation, provision or obtaining of a child for the purposes of a commercial sex act as defined in 22 United States Code § 7102(4). See Maine Revised Statutes Title 22 Sec. 4002

Clerk: means the person described in Title 13?C, chapter 5?A. See Maine Revised Statutes Title 5 Sec. 102

Clerk filing: means the public organic document of a domestic filing entity formed under Title 13?C. See Maine Revised Statutes Title 5 Sec. 102

Commercial clerk: means a clerk who is listed under section 106. See Maine Revised Statutes Title 5 Sec. 102

Commercial registered agent: means an individual or a domestic or foreign entity listed under section 106. See Maine Revised Statutes Title 5 Sec. 102

Commissioner: means the Commissioner of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A

Commissioner: means the Commissioner of Agriculture, Conservation and Forestry. See Maine Revised Statutes Title 12 Sec. 544

Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.

Community-based program: means a program of adult day care offered outside of a long-term health care facility and which meets the licensing and program standards of the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 6202

Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.

Contract: A legal written agreement that becomes binding when signed.

Conviction: A judgement of guilt against a criminal defendant.

Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

Creditable service: means a person's membership service, the person's prior service and service for which credit is allowable under sections 17755 and 17756; section 17760, subsection 3; section 18258; sections 18355 and 18356; and section 18360, subsection 2. See Maine Revised Statutes Title 5 Sec. 17001

Critical area: means any natural area documented by the Natural Areas Program that is conserved or protected in its natural condition through voluntary action. See Maine Revised Statutes Title 12 Sec. 544

Custodial parent: means a parent with custody. See Maine Revised Statutes Title 22 Sec. 4002

Custodian: means the person who has legal custody and power over the person of a child. See Maine Revised Statutes Title 22 Sec. 4002

Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

Decedent: A deceased person.

Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A

Dependent: A person dependent for support upon another.

Dependent child: means :

A. See Maine Revised Statutes Title 5 Sec. 17001

Designated beneficiary: means the beneficiary designated under section 18552. See Maine Revised Statutes Title 5 Sec. 18551

Devise: To gift property by will.

Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.

Domestic entity: means an entity whose internal affairs are governed by the laws of this State. See Maine Revised Statutes Title 5 Sec. 102

Entity: means a person that has a separate legal existence or has the power to acquire an interest in real property in its own name other than:

A. See Maine Revised Statutes Title 5 Sec. 102

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.

Fetal alcohol spectrum disorder: means a condition whose effects include having facial characteristics, growth restriction, central nervous system abnormalities or other characteristics consistent with prenatal alcohol exposure identified in a child from birth to 12 months of age. See Maine Revised Statutes Title 22 Sec. 4002

Filing entity: means an entity that is created by the filing of a public organic document. See Maine Revised Statutes Title 5 Sec. 102

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.

Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}

Foreign entity: means an entity other than a domestic entity. See Maine Revised Statutes Title 5 Sec. 102

Foreign qualification document: means an application for a certificate of authority or other foreign qualification filing with the Secretary of State by a foreign entity. See Maine Revised Statutes Title 5 Sec. 102

Foster parent: means a person whose home is licensed by the department as a family foster home as defined in section 8101, subsection 3 and with whom the child lives pursuant to a court order or agreement with the department. See Maine Revised Statutes Title 22 Sec. 4002

Fraud: Intentional deception resulting in injury to another.

Full-time student: means a person who meets the requirements for a full-time student set out in rules adopted by the board. See Maine Revised Statutes Title 5 Sec. 17001

Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.

Governance interest: means the right under the organic law or organic rules of an entity, other than as a governor, agent, assignee or proxy, to:

A. See Maine Revised Statutes Title 5 Sec. 102

Governor: means a person by or under whose authority the powers of an entity are exercised and under whose direction the business and affairs of the entity are managed pursuant to the organic law and organic rules of the entity. See Maine Revised Statutes Title 5 Sec. 102

Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,

Grandparent: means the parent of a child's parent. See Maine Revised Statutes Title 22 Sec. 4002

Group long-term care insurance policy: means a long-term care insurance policy that is delivered or issued for delivery in this State to an employer group, private purchasing alliance, labor union group, association group, trustee group, credit union group or other group as described in chapter 35. See Maine Revised Statutes Title 24-A Sec. 5072

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.

Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.

Health care provider: means an appropriately licensed, certified or registered provider of mental or physical health care, in either the public or private sector. See Maine Revised Statutes Title 5 Sec. 17001

health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704

in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72

Infant: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72

Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.

Inter vivos: Transfer of property from one living person to another living person.

Interest: means :

A. See Maine Revised Statutes Title 5 Sec. 102

Interest holder: means a direct holder of an interest. See Maine Revised Statutes Title 5 Sec. 102

jeopardy: means serious abuse or neglect, as evidenced by:

A. See Maine Revised Statutes Title 22 Sec. 4002

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

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.

Licensed mental health professional: means a psychiatrist, licensed psychologist, licensed clinical social worker or certified social worker. See Maine Revised Statutes Title 22 Sec. 4002

Lien: A claim against real or personal property in satisfaction of a debt.

Local district: means :

A. See Maine Revised Statutes Title 5 Sec. 17001

Long-term care insurance policy: includes individual and group annuities and life insurance policies or riders that directly provide or that supplement coverage for long-term care insurance and a policy or rider that provides for payment of benefits based upon cognitive impairment or the loss of functional capacity. See Maine Revised Statutes Title 24-A Sec. 5072

Long-term health care facilities: means intermediate care and skilled nursing facilities and units, licensed pursuant to chapter 405. See Maine Revised Statutes Title 22 Sec. 6202

Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72

Medical review service provider: means an entity with whom the chief executive officer has contracted for the review of medical records and the provision of recommendations, opinions and certifications under this Part by health care providers employed by the entity. See Maine Revised Statutes Title 5 Sec. 17001

Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001

Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72

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

National Association of Insurance Commissioners: means the National Association of Insurance Commissioners or its successor organization of insurance regulators. See Maine Revised Statutes Title 24-A Sec. 15

Natural area: means any area of land or water, or both land and water, whether publicly or privately owned, that retains or has reestablished its natural character, though it need not be completely natural and undisturbed, and that supports, harbors or otherwise contains endangered, threatened or rare plants, animals and native ecological systems, or rare or unique geological, hydrological, natural historical, scenic or other similar features of scientific and educational value benefiting the citizens of the State. See Maine Revised Statutes Title 12 Sec. 544

Noncommercial clerk: means a clerk that is not listed as a commercial clerk under section 106 and that is:

A. See Maine Revised Statutes Title 5 Sec. 102

Noncommercial registered agent: means a person that is not listed as a commercial registered agent under section 106 and that is:

A. See Maine Revised Statutes Title 5 Sec. 102

Nonqualified foreign entity: means a foreign entity that is not authorized to transact business in this State pursuant to a filing with the Secretary of State. See Maine Revised Statutes Title 5 Sec. 102

Nonresident LLP statement: means :

A. See Maine Revised Statutes Title 5 Sec. 102

Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.

Organic law: means the statutes, if any, other than this chapter, governing the internal affairs of an entity. See Maine Revised Statutes Title 5 Sec. 102

Organic rules: means the public organic document and private organic rules of an entity. See Maine Revised Statutes Title 5 Sec. 102

Oversight: Committee review of the activities of a Federal agency or program.

Parent: means mother or father. See Maine Revised Statutes Title 5 Sec. 17001

Parent: means a natural or adoptive parent or a parent established under Title 19?A, chapter 61, unless parental rights have been terminated. See Maine Revised Statutes Title 22 Sec. 4002

Participating local district: means a local district that has approved the participation of its employees in the Participating Local District Retirement Program of the retirement system under section 18201. See Maine Revised Statutes Title 5 Sec. 17001

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 individual, corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, public corporation, government or governmental subdivision, agency or instrumentality or any other legal or commercial entity. See Maine Revised Statutes Title 5 Sec. 102

Person: means an individual, corporation, facility, institution or agency, public or private. See Maine Revised Statutes Title 22 Sec. 4002

Person responsible for the child: includes the child's custodian. See Maine Revised Statutes Title 22 Sec. 4002

Personal property: All property that is not real property.

Plaintiff: The person who files the complaint in a civil lawsuit.

Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.

Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}

Preadoptive parent: means a person who has entered into a preadoption agreement with the department with respect to the child. See Maine Revised Statutes Title 22 Sec. 4002

Private organic rules: means the rules, whether or not in a record, that govern the internal affairs of an entity, are binding on all of its interest holders and are not part of its public organic document, if any. See Maine Revised Statutes Title 5 Sec. 102

Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

Provider: means any facility or program which meets the licensing and program standards of the department. See Maine Revised Statutes Title 22 Sec. 6202

Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.

Public organic document: means the public record, the filing of which creates an entity, and any amendment to or restatement of that record. See Maine Revised Statutes Title 5 Sec. 102

Qualified foreign entity: means a foreign entity that is authorized to transact business in this State pursuant to a filing with the Secretary of State. See Maine Revised Statutes Title 5 Sec. 102

Qualified residential treatment program: means a program within a licensed children's residential care facility as defined in section 8101, subsection 4 that provides continuous 24-hour care and supportive services to children in a residential nonfamily home setting that:

A. See Maine Revised Statutes Title 22 Sec. 4002

Qualifying member: means a member in service or a former member who is receiving a disability retirement benefit. See Maine Revised Statutes Title 5 Sec. 18551

Quorum: The number of legislators that must be present to do business.

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Maine Revised Statutes Title 5 Sec. 102

Registered agent: means a commercial registered agent or a noncommercial registered agent. See Maine Revised Statutes Title 5 Sec. 102

Registered agent filing: means :

A. See Maine Revised Statutes Title 5 Sec. 102

Relative: includes , for an Indian child as defined by the federal Indian Child Welfare Act of 1978, 25 United States Code § 1903, Subsection 4, or by the Maine Indian Child Welfare Act, section 3943, subsection 8, an extended family member as defined by the law or custom of the Indian child's tribe or, in the absence of such law or custom, an extended family member as defined by the federal Indian Child Welfare Act of 1978, 25 United States Code § 1903, Subsection 2 or the Maine Indian Child Welfare Act, section 3943, subsection 5. See Maine Revised Statutes Title 22 Sec. 4002

Removal of the child from home: means that the department or a court has taken a child out of the home of the parent, legal guardian or custodian without the permission of the parent or legal guardian. See Maine Revised Statutes Title 22 Sec. 4002

Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).

Represented entity: means :

A. See Maine Revised Statutes Title 5 Sec. 102

Resource family: means a person or persons who provide care to a child in the child welfare system and who are foster parents, permanency guardians, adoptive parents or members of the child's extended birth family. See Maine Revised Statutes Title 22 Sec. 4002

Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001

Serious harm: means :

A. See Maine Revised Statutes Title 22 Sec. 4002

Serious injury: means serious physical injury or impairment. See Maine Revised Statutes Title 22 Sec. 4002

Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001

Service of process: The service of writs or summonses to the appropriate party.

Sign: means , with present intent to authenticate or adopt a record:

A. See Maine Revised Statutes Title 5 Sec. 102

Species: means any recognized taxonomic category of the biota including species, subspecies or variety. See Maine Revised Statutes Title 12 Sec. 544

Spouse: means the person currently legally married to a member. See Maine Revised Statutes Title 5 Sec. 17001

Subpoena: A command to a witness to appear and give testimony.

Surviving spouse: means the spouse alive at the time of the death of the member or former member. See Maine Revised Statutes Title 5 Sec. 17001

Suspicious child death: means the death of a child under circumstances in which there is reasonable cause to suspect that abuse or neglect was a cause of or factor contributing to the child's death. See Maine Revised Statutes Title 22 Sec. 4002

Testify: Answer questions in court.

Testimony: Evidence presented orally by witnesses during trials or before grand juries.

Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72

Transferable interest: means the right under an entity's organic law to receive distributions from the entity. See Maine Revised Statutes Title 5 Sec. 102

Trustee: A person or institution holding and administering property in trust.

Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}

United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72

Venue: The geographical location in which a case is tried.

Writ: A formal written command, issued from the court, requiring the performance of a specific act.

Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72