Maine Revised Statutes > Title 34-B > Chapter 5 – Intellectual Disabilities and Autism
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Terms Used In Maine Revised Statutes > Title 34-B > Chapter 5 - Intellectual Disabilities and Autism
- 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
- Advocate: means a person:
A. See Maine Revised Statutes Title 34-B Sec. 5461Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. 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 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. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization 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. 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 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 Board: means the Nutrient Management Review Board established in section 4203. See Maine Revised Statutes Title 7 Sec. 4201 Chief administrative officer: means the head of a state institution or the head of any other institution which provides services which fall under the jurisdiction of the department. See Maine Revised Statutes Title 34-B Sec. 1001 Client: means a person asking the department for adult developmental services or the person for whom those services are asked. See Maine Revised Statutes Title 34-B Sec. 5461 Commissioner: 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 Commissioner: means the Commissioner of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13054 Community: means the municipality or other area in which the client resides when applying for services. See Maine Revised Statutes Title 34-B Sec. 5461 Community-based organization: means a nonprofit organization that has:
A. See Maine Revised Statutes Title 5 Sec. 13063-JComprehensive evaluation: means a comprehensive set of evaluations that:
A. See Maine Revised Statutes Title 34-B Sec. 5461Correspondent: 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 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Decedent: A deceased person. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1 Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001 Department: means the Department of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13054 Dependent: A person dependent for support upon another. Devise: To gift property by will. Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. 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 Ex officio: Literally, by virtue of one's office. 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 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. 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 Fraud: Intentional deception resulting in injury to another. Fund: means the Maine Microenterprise Initiative Fund established in section 13063?K. See Maine Revised Statutes Title 5 Sec. 13063-J Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. 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 Habilitation: means a process by which a person is assisted to acquire and maintain skills that:
A. See Maine Revised Statutes Title 34-B Sec. 5461Incapacitated 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 Intestate: Dying without leaving a will. 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 Lien: A claim against real or personal property in satisfaction of a debt. Microenterprise: means a business located in the State that produces goods or provides services and has fewer than 10 full-time equivalent employees. See Maine Revised Statutes Title 5 Sec. 13063-J Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. 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 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. Oversight: Committee review of the activities of a Federal agency or program. 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 process: means a process of planning with a client for the coordination and delivery of supportive and other services through the development of a personal plan or service plan. See Maine Revised Statutes Title 34-B Sec. 5461 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. Planning team: means those persons, including at a minimum the client, the client's guardian and the client's individual support coordinator and others selected by the client or guardian to participate, who develop a personal plan or service plan. See Maine Revised Statutes Title 34-B Sec. 5461 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 Probate: Proving a will Professional: means :
A. See Maine Revised Statutes Title 34-B Sec. 5461Professional 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 Property: includes values subject to a beneficiary designation. See Maine Revised Statutes Title 18-C Sec. 2-201 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 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. 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 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 School administrative unit: means the state-approved unit of school administration and includes a municipal school unit, school administrative district, community school district, regional school unit or any other municipal or quasi-municipal corporation responsible for operating or constructing public schools, except that it does not include a career and technical education region. See Maine Revised Statutes Title 20-A Sec. 1 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 Service agreement: means a written form in which the persons designated in section 5471 agree to the type of services and programs for and the manner of providing services to the client. See Maine Revised Statutes Title 34-B Sec. 5461 Service plan: means one type of plan resulting from the personal planning process for the delivery and coordination of specific services to a client when:
A. See Maine Revised Statutes Title 34-B Sec. 5461Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. State Development Office: means the Department of Economic and Community Development. See Maine Revised Statutes Title 5 Sec. 13054 Statute: A law passed by a legislature. Summons: Another word for subpoena used by the criminal justice system. 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 Testator: A male person who leaves a will at death. 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 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. 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