Maine Revised Statutes Title 34-B Sec. 6203 – Commissioner’s duties
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1. System. In order to facilitate the development and operation of a coordinated, statewide system of services to children in need of treatment and their families, the commissioner shall:
A. Provide a decentralized administrative structure for the provision of services to children in need of treatment and their families; [PL 1985, c. 503, §12 (NEW).]
B. Work toward the provision of normalized services through the establishment of in-home, community-based, family-oriented programs for the child in need of treatment. If treatment in an out-of-home or out-of-community setting becomes necessary, it should be in the least restrictive setting consistent with needs of the child, commensurate with the resources available to the bureau and in coordination with services and resources of other state agencies serving children and their families; [PL 1985, c. 503, §12 (NEW).]
C. Continue coordination and linkage with other agencies, programs and systems that serve children and their families on a state, regional and local level, so as to encourage effective and efficient procedures and practice in the delivery of services to children in need of treatment and their families; [PL 1985, c. 503, §12 (NEW).]
D. Place a high priority on continued participation with the Department of Education in preventive intervention services to families of children in need of treatment; [RR 2003, c. 2, §105 (COR).]
E. Strive to ensure that all services and programs are adequately staffed by persons appropriately qualified by training and experience; [PL 1985, c. 503, §12 (NEW).]
F. Publicize the availability of services to children in need of treatment to ensure that these services are accessible to the greatest possible number of children and their families; [PL 1985, c. 503, §12 (NEW).]
G. Ensure that all children in need of treatment and their families are notified of their rights to advocacy services available in this State; [PL 1987, c. 349, Pt. H, §24 (AMD).]
H. Ensure that rules are adopted that specify the procedures by which a parent or guardian of a child in need of treatment may appeal decisions made relative to services provided by the bureau; [PL 1991, c. 452, §2 (AMD).]
I. Provide a comprehensive system of support services, including respite care, to families with children in need of treatment; [PL 1991, c. 452, §3 (AMD).]
J. Require that any new contract for mental health services be awarded through a request-for-proposal procedure and any contract for mental health services of $500,000 per year or more that is renewed be awarded through a request-for-proposal procedure at least every 8 years, except for the following.
(1) Renewal contracts for a provider are not subject to the request-for-proposal procedure requirement if all contracts executed with that provider under this subsection are performance-based contracts.
(2) Notwithstanding subparagraph (1), the department shall subject a contract to a request-for-proposal procedure when necessary to comply with paragraph L; [PL 1993, c. 624, §3 (AMD).]
K. Establish a procedure to obtain assistance and advice from consumers of mental health services regarding the selection of contractors when requests for proposals are issued for mental health services; and [PL 1993, c. 624, §3 (AMD).]
L. Require that a contract under this subsection that is subject to renewal be awarded through a request-for-proposal procedure if the department determines that:
(1) The provider has breached the existing contract;
(2) The provider has failed to correct deficiencies cited by the department;
(3) The provider is inefficient or ineffective in the delivery of services and is unable or unwilling to improve its performance within a reasonable time; or
(4) The provider can not or will not respond to a reconfiguration of service delivery requested by the department. [PL 1993, c. 624, §4 (NEW).]
[RR 2003, c. 2, §105 (COR).]
Terms Used In Maine Revised Statutes Title 34-B Sec. 6203
- 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.
- Child 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. Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001 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. 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. 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 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. 6201Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Plan. The commissioner shall serve as an advocate for children in need of treatment; shall monitor, review and evaluate not less than annually the allocation and adequacy of services provided by the department; and shall prepare and maintain a plan that meets the following criteria.
A. The plan must indicate the most effective and efficient manner in which to implement services and programs for children in need of treatment and their families, while safeguarding and respecting the legal and human rights of these children and families. [PL 1995, c. 560, Pt. K, §70 (AMD).]
B. The plan must specifically indicate how gaps in services for children in need of treatment and their families can best be met. [PL 1995, c. 560, Pt. K, §70 (AMD).]
C. The plan must establish a procedure for setting priorities among the various services required by children in need of treatment and their families, in cooperation with other agencies of State Government that provide services to children and families, including, but not limited to, the Department of Corrections and Department of Education. [RR 2003, c. 2, §106 (COR).]
D. The plan must specifically indicate the department’s efforts in ensuring that services to children in need of treatment and their families are effectively coordinated with existing resources and procedures of all the department’s institutions and programs. [PL 1995, c. 560, Pt. K, §70 (AMD).]
E. The plan must be prepared in the even-numbered years for submission to the joint standing committee of the Legislature having jurisdiction over human resources and the joint standing committee of the Legislature having jurisdiction over appropriations and financial affairs no later than January 30th of the odd-numbered years. [PL 1995, c. 560, Pt. K, §70 (AMD).]
F. The plan must ensure that children with divergent treatment needs are not inappropriately mixed while in residence at state-operated facilities for children with special needs. [PL 1995, c. 560, Pt. K, §70 (AMD).]
G. The plan must indicate the State’s progress in ensuring the development of an array of family support services to enable families to more adequately maintain their children in need of treatment in their natural homes and communities. [PL 1995, c. 560, Pt. K, §70 (AMD).]
[RR 2003, c. 2, §106 (COR).]
SECTION HISTORY
PL 1985, c. 503, §12 (NEW). PL 1987, c. 349, §§H24-26 (AMD). PL 1989, c. 700, §§A166,167 (AMD). PL 1991, c. 452, §§2-4 (AMD). PL 1993, c. 624, §§3,4 (AMD). PL 1995, c. 560, §§K69,70 (AMD). RR 2003, c. 2, §§105,106 (COR).