Maine Revised Statutes > Title 34-B > Chapter 5 > Subchapter 3 – Services for Persons With Intellectual Disabilities or Autism
Current as of: 2023 | Check for updates
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| Sections | ||
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| Article 2 | Community-Based Services | 5431 – 5439 |
| Article 3 | Procedures | 5461 – 5471 |
Terms Used In Maine Revised Statutes > Title 34-B > Chapter 5 > Subchapter 3 - Services for Persons With Intellectual Disabilities or 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. 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. 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. 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 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-JComplaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Comprehensive evaluation: means a comprehensive set of evaluations that:
A. See Maine Revised Statutes Title 34-B Sec. 5461Contract: A legal written agreement that becomes binding when signed. 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. Correspondent: 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 Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001 Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1 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 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. Ex officio: Literally, by virtue of one's office. 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 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 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 a process by which a person is assisted to acquire and maintain skills that:
A. See Maine Revised Statutes Title 34-B Sec. 5461in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 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. 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 Lien: A claim against real or personal property in satisfaction of a debt. Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 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. 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 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. 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 adult with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 5001 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 property: All property that is not real property. 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. 5461Property: 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. 5001Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Quorum: The number of legislators that must be present to do business. Region: means any of the regions established by the department. 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. 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 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. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 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 Trustee: A person or institution holding and administering property in trust. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72