Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 129 - PERSONAL CARE AGENCY LICENSING RULE
Section 144-129-6 - ALLEGATIONS OF ABUSE, NEGLECT, AND/OR MISAPPROPRIATION OF CLIENT PROPERTY

Universal Citation: 10 ME Code Rules ยง 144-129-6

Current through 2024-38, September 18, 2024

A. REPORTING REQUIREMENTS.

1. The agency must have a written policy and procedure to address the reporting of abuse, neglect, and/or misappropriation of client property. The policy may not conflict with 22 MRS §3477 or 22 MRS §4011-A.

2. All allegations of client abuse, client neglect, exploitation, and/or misappropriation of client property involving agency staff must be reported immediately, to the following:
a. Agency administrator;

b. Adult Protective Services, if the client is 18 years or older;

c. Child Protective Services, if the client is less than 18 years old; and

d. The Division of Licensing and Certification.

3. Reports to the Division of Licensing and Certification may be submitted by established online reporting sites or by telephone.

4. A written report must be submitted to the Division of Licensing and Certification after reporting an allegation by telephone or voicemail.
a. The written report may be submitted either using the online form or a designated Department form; and

b. Must be received by the Department within 48 hours of the verbal report.

5. All reports to the Division of Licensing and Certification, both verbal and written, must indicate, at a minimum, the following:
a. Agency name, address, and phone number;

b. Name of the client;

c. Address of the client;

d. Information regarding the nature of the abuse, neglect, exploitation, or misappropriation of client property;

e. Name and title, if any, of the alleged perpetrator;

f. The name of the person making the report; and

g. Contact number of the person making the report.

B. INVESTIGATIONS.

1. Agency investigation regarding an allegation must include, but is not limited to, the following documentation:
a. Date and time of the alleged events;

b. The nature of the allegation;

c. Date and time all required individuals were notified in accordance with § 6(A)(2);

d. Name and contact information of the initial reporter;

h. Name and contact information of the alleged perpetrator and their title, if any;

e. Date and time the alleged perpetrator was removed from duty, if an employee;

f. Documented interviews with the client, all individuals with possible knowledge of the alleged incident, and the alleged perpetrator;

g. A conclusion statement; and

h. An action plan.

2. The alleged perpetrator, if an employee, may not work with any client until an investigation has been completed.

3. The investigative report containing information listed in Section 6(B)(1)(a-h) must be submitted to the Department no later than the close of business on the seventh calendar day after the alleged incident.

4. Any reasonable suspicion of a crime involving the client, as the victim, must be reported to law enforcement within the following time frames:
a. Any event that caused reasonable suspicion and resulted in serious bodily injury to a client must be reported immediately, but not later than two hours after forming the suspicion.

b. An event that caused reasonable suspicion and did not result in serious bodily injury to a client must be reported not later than 24 hours after forming the suspicion.

5. The agency may not interfere with, impede or obstruct an investigation by the Department, including but not limited to influencing or limiting client or staff participation in Department investigative activities.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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