Code of Maine Rules
14 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
197 - OFFICE OF AGING AND DISABILITY SERVICES
Chapter 4 - JOINT REGULATIONS BETWEEN DIVISION OF SPECIAL EDUCATION AND BUREAU OF MENTAL RETARDATION
Section 197-4-3 - Definitions

Universal Citation: 14 ME Code Rules ยง 197-4-3

Current through 2024-38, September 18, 2024

A. Bureau of Mental Retardation, Department of Mental BMR Health and Mental Retardation.

B. Child Development Worker - performs in-home programming CDW for the developmentally delayed children from birth to school entrance; coordinates with other agencies for the developmentally delayed children.

C. Community Services Coordinator - serves school-aged CSC mentally retarded children and adults with primary focus being case management and not direct service.

D.

(1) Children 0-5 years with demonstrated developmental delays Develop in two or more areas of development; and/or a delay in mentally the speech/hearing area, or, Delayed Children

(2) Children who have a specific diagnosis/disability which may interfere with their developmental growth, or,

(3) Children 0-5 years who can be considered at-risk for future developmental problems - the medically at risk, the environmentally disadvantaged, and the child with sensory, motor and/or mental disabilities.

E. Department of Human Services DHS

F. Division of Special Education, Department of Educational DSE and Cultural Services.

G. The severity of the situation warrants an immediate Emergency change in living arrangement.

Placement

H. Intermediate Care Facility for the Mentally Retarded. ICF/MR A facility may be licensed as an ICF/MR Nursing Home (medical) or an ICF/MR Group Home (non-medical).

(1) An ICF/MR Nursing home is a facility which meets appropriate State licensing requirements and federal certification requirements and provides in a residential setting at least 8 hours a day of licensed nursing supervision-which coordinates health treatment, rehabilitation and habilitation services for mentally retarded persons, or persons with related conditions to assist each individual to reach his/her maximum functioning capabilities.

(2) An ICF/MR Group Home is a facility which meets appropriate State licensing requirements and Federal certification requirements and provides a protective setting, 24 hours a day non-nursing supervision of the mentally retarded persons with related conditions to assure the coordination of habilitation, health and rehabilitation services to assist each individual to reach his/her maximum level of functioning capabilities.

I. A team of persons established, and whose meetings are Interdisciplinary conducted, in accordance with professionally accepted standards and whose purpose is to evaluate a BMR client's Team needs and to develop an individual prescriptive program.

J. A joint meeting intended to incorporate both the IDT IDT/PET and PET procedures set forth by the respective State agencies with the further intention of encouraging a smooth transition with the decision-making process relating to individual children. IDT/PET joint procedures outlined in these regulations are not intended to supersede or replace current statutory requirements.

K. Individual Program Plan. A detailed written plan that IPP outlines a BMR client's specific strengths/motivators, projects client's-growth for 3 to 5 years, enumerates client needs, outlines client goals and objectives along with an enumeration of service objectives to facilitate the implementation of the client's plan. The Individual Program Plan shall be formulated by an appropriately constituted Interdisciplinary Team.

L. Administrative Unit. All legally constituted school administrative units (Community School Administrative Districts, individual towns, Education - Unorganized Territories, etc.).

M. Legal Guardian. For the purposes of these regulations legal guardian shall be defined as the person having legal care and custody of the child age 0 to 18. Children who are 18 to 20 years of age are presumed to be their own guardian unless otherwise indicated.

N. Mentally Retarded Children Mental retardation refers to significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior, and manifested during the developmental period.

(1) Subaverage intellectual functioning is defined as an intelligence quotient obtained by assessment with one or more of the individual administered general intelligence tests, e.g., Wechsler scales, Stanford Binet, Cattell or comparable tests. Individuals obtaining a score more than two standard deviations below the mean (average) score (approximate I.Q. score of 70) will be assessed as having subnormal intelligence.

(2) Adaptive behavior is defined as the effectiveness or degree with which the individual meets the standards of personal independence and social responsibility expected of his age and cultural group. Level of adaptive behavior shall be appropriately determined through the use of developmental scales such as AAMD Adaptive Behavior Scales, Vineland Social-Maturity Scales, Fairview Developmental Scale, Callier-Azusa

(3) Supplemental Security Income S.S.I.- A program for blind, disabled, and the elderly which is based on income and resources. Monthly amounts age comprised of state and federal funds. For students younger than 18 living with their parents, parents' income is taken into account. For students older than 18 not living with their parents, any support from parents is taken into account. Anyone who received S.S.I. is eligible for Medicaid (Title 19). Funds generated by S.S.I. must first be used to meet basic human needs. Once these needs are met, the remaining funds may be used for additional purposes. Where designated by the Social Security Administration, BMR administers personal funds for some clients as representative payee.

T. Ward. A child who is in the legal custody of the Department State of Human Services.

U. Surrogate. A surrogate parent is an individual appointed by the Commissioner of the Department of Educational and Cultural Parent Services or his/her designee to act independently on behalf of au exceptional student in safeguarding that exceptional student's rights in the special education decision making process.

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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