Maine Revised Statutes Title 5 Sec. 19505 – Powers and duties of the agency
Current as of: 2023 | Check for updates
|
Other versions
The agency has the following powers and duties. [PL 1989, c. 837, §1 (NEW).]
1. Information and referral. The agency may provide information on and referral to programs and services addressing the needs of persons with disabilities.
[PL 1989, c. 837, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 5 Sec. 19505
- Abuse: includes , but is not limited to, rape or sexual assault, the striking of an individual, the use of excessive force in the use of bodily restraints, the use of bodily or chemical restraints in a manner that is not in compliance with federal and state laws, regulations and rules and verbal, nonverbal, mental and emotional harassment. See Maine Revised Statutes Title 5 Sec. 19503
- Agency: means the protection and advocacy agency for persons with disabilities, designated by the Governor. See Maine Revised Statutes Title 5 Sec. 19503
- Exploitation: means the illegal or improper use of an individual or the individual's resources for another's profit or advantage. See Maine Revised Statutes Title 5 Sec. 19503
- 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.
- Neglect: includes , but is not limited to, failure to establish or carry out an individual program, treatment or habilitation plan or the deprivation of or failure to meet essential needs, including needs for adequate nutrition, clothing, health care and a safe environment. See Maine Revised Statutes Title 5 Sec. 19503
- United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72
2. Advice. The agency may advise and educate individuals on the rights of persons with disabilities and otherwise support and assist those persons in the protection of and advocacy for those rights.
[PL 1989, c. 837, §1 (NEW).]
3. Pursuit of remedies. The agency may pursue administrative, legal and other appropriate remedies on behalf of persons with disabilities. The agency has standing to file a civil action for alleged violations of chapter 337, subchapter 5 in Superior Court. Notwithstanding section 4622, subsection 1, the agency may be awarded reasonable attorney’s fees and costs as provided in section 4614.
[PL 2015, c. 452, §1 (AMD).]
4. Investigation. The agency may investigate allegations of abuse, exploitation or neglect of persons with disabilities. The agency may initiate an investigation upon receipt of a report that an incident of abuse, exploitation or neglect has occurred or is occurring. The agency may also initiate an investigation on its own initiative when it has probable cause to believe that abuse, exploitation or neglect has occurred or is occurring.
[PL 1989, c. 837, §1 (NEW).]
5. Report. The agency shall prepare an annual report for submission to the Governor, the Legislature, the Commissioner of Health and Human Services and the Secretary of the United States Department of Health and Human Services. The report must describe the activities, accomplishments and expenditures of the agency during the most recently completed fiscal year.
[RR 1995, c. 2, §16 (COR); PL 2001, c. 354, §3 (AMD); PL 2003, c. 689, Pt. B, §7 (REV).]
6. Goals and priorities. The agency shall represent persons with disabilities and otherwise conduct its activities in accordance with goals and priorities annually established by the agency, with other requirements of applicable federal law and with the terms of any grants or contracts. The agency shall provide the public with an opportunity to comment upon the agency’s goals and priorities.
[PL 2001, c. 357, §12 (NEW).]
7. Monitoring. The agency may monitor the delivery of services, supports and other assistance or residential services or treatment provided to persons with disabilities for the purpose of ensuring that services, supports and assistance meet the needs of those persons and are delivered in conformity with laws, regulations, rules and other standards regarding quality of care.
[PL 2001, c. 357, §12 (NEW).]
SECTION HISTORY
PL 1989, c. 837, §1 (NEW). RR 1995, c. 2, §16 (COR). PL 2001, c. 354, §3 (AMD). PL 2001, c. 357, §12 (AMD). PL 2003, c. 689, §B7 (REV). PL 2015, c. 452, §1 (AMD).