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USA Statutes : maine
Title : Title 22. HEALTH AND WELFARE
Chapter : Chapter 958-A. ADULT PROTECTIVE SERVICES ACT (HEADING. PL 1981, c. 527, @1 (new))
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Title 22 - §3470. Title
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1981, c. 527, @1 (new))
§3470. Title
This Act may be cited as the Adult Protective Services Act.
[1981, c. 527, § 2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3471. Declaration of policy and legislative intent
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1981, c. 527, @1 (new))
§3471. Declaration of policy and legislative intent
The Legislature recognizes that many adult citizens of the State, because of incapacitation or dependency, are unable to manage
their own affairs or to protect themselves from abuse, neglect or exploitation. Often these persons can not find others able
or willing to render assistance. The Legislature intends, through this Act, to establish a program of protective services
designed to fill this need and to ensure its availability to all incapacitated and dependent adults who are faced with abuse,
neglect, exploitation or the substantial risk of abuse, neglect or exploitation. It is also the intent of the Legislature
to authorize only the least possible restriction on the exercise of personal and civil rights consistent with the person's
need for services and to require that due process be followed in imposing those restrictions. Any requirements for disclosure
of information contained in this chapter do not supersede federal law if federal law prohibits the disclosure of such information
in the manner as set forth in this chapter.
[2003, c. 653, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3472. Definitions
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1981, c. 527, @1 (new))
§3472. Definitions
As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.
[1981, c. 527, §2 (new).]
1. Abuse. "Abuse" means the infliction of injury, unreasonable confinement, intimidation or cruel punishment that causes or is likely
to cause physical harm or pain or mental anguish; sexual abuse or sexual exploitation; or the intentional, knowing or reckless
deprivation of essential needs. "Abuse" includes acts and omissions.
[2003, c. 653, §2 (amd).]
2. Adult. "Adult" means any person who has attained 18 years of age or who is a legally emancipated minor.
[2003, c. 653, §2 (amd).]
2-A. Bureau. "Bureau" means the Department of Health and Human Services, Bureau of Elder and Adult Services.
[2003, c. 653, §2 (amd); c. 689, Pt. B, §6 (rev).]
3. Caretaker. "Caretaker" means any individual or institution who has or assumes the responsibility for the care of an adult.
[1981, c. 527, §2 (new).]
4. Commissioner. "Commissioner" means the Commissioner of Health and Human Services or a designated representative in the geographical area
in which the person resides or is present.
[2005, c. 397, Pt. A, §21 (amd).]
5. Department.
[2005, c. 397, Pt. A, §22 (rp).]
6. Dependent adult. "Dependent adult" means an adult who has a physical or mental condition that substantially impairs the adult's ability to
adequately provide for that adult's daily needs. "Dependent adult" includes, but is not limited to, any of the following:
A. A resident of a nursing home licensed or required to be licensed under section 1817;
[2003, c. 653, §2 (new).]
B. A resident of a facility providing assisted living services licensed or required to be licensed pursuant to section 7801;
or
[2003, c. 653, §2 (new).]
C. A person considered a dependent person under Title 17-A, section 555.
[2003, c. 653, §2 (new).]
[2003, c. 653, §2 (amd).]
7. Emergency. "Emergency" refers to a situation in which:
A. The incapacitated or dependent adult is in immediate risk of serious harm;
[1981, c. 527, §2 (new).]
B. The incapacitated or dependent adult is unable to consent to services that will diminish or eliminate the risk; and
[2003, c. 653, §2 (amd).]
C. There is no person legally authorized to consent to emergency services.
[2003, c. 653, §2 (amd).]
[2003, c. 653, §2 (amd).]
8. Emergency services. "Emergency services" refers to those services necessary to avoid serious harm.
[2003, c. 653, §2 (amd).]
9. Exploitation. "Exploitation" means the illegal or improper use of an incapacitated or dependent adult or that adult's resources for another's
profit or advantage.
[2003, c. 653, §2 (amd).]
10. Incapacitated adult. "Incapacitated adult" means any adult who is impaired by reason of mental illness, mental deficiency, physical illness or
disability to the extent that that individual lacks sufficient understanding or capacity to make or communicate responsible
decisions concerning that individual's person, or to the extent the adult can not effectively manage or apply that individual's
estate to necessary ends.
[2003, c. 653, §2 (amd).]
11. Neglect. "Neglect" means a threat to an adult's health or welfare by physical or mental injury or impairment, deprivation of essential
needs or lack of protection from these.
[1983, c. 313, §2 (amd).]
12. Protective services. "Protective services" means services that separate incapacitated or dependent adults from danger. Protective services include,
but are not limited to, social, medical and psychiatric services necessary to preserve the incapacitated or dependent adult's
rights and resources and to maintain the incapacitated or dependent adult's physical and mental well-being.
Protective services may include seeking guardianship or a protective order under Title 18-A, Article 5.
[2003, c. 653, §2 (amd).]
13. Serious harm. "Serious harm" means:
A. Serious physical injury or impairment;
[1989, c. 259, §3 (amd).]
B. Serious mental injury or impairment that now or in the future is likely to be evidenced by serious mental, behavioral or
personality disorder, including, but not limited to, severe anxiety, depression or withdrawal, untoward aggressive behavior
or similar serious dysfunctional behavior;
[2003, c. 653, §2 (amd).]
C. Sexual abuse or sexual exploitation; or
[2003, c. 653, §2 (amd).]
D. Serious waste or dissipation of resources.
[2003, c. 653, §2 (new).]
[2003, c. 653, §2 (amd).]
14. Serious injury.
[1989, c. 259, §4 (rp).]
15. Sexual abuse or sexual exploitation. "Sexual abuse or sexual exploitation" means contact or interaction of a sexual nature involving an incapacitated or dependent
adult without that adult's informed consent.
[2003, c. 653, §2 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3473. Authorizations
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1981, c. 527, @1 (new))
§3473. Authorizations
1. General. The department shall act to:
A. Protect incapacitated and dependent adults from abuse, neglect and exploitation and protect incapacitated and dependent
adults in circumstances that present a substantial risk of abuse, neglect or exploitation;
[2003, c. 653, §3 (amd).]
B. Prevent abuse, neglect or exploitation of incapacitated and dependent adults;
[2003, c. 653, §3 (amd).]
C. Enhance the welfare of these incapacitated and dependent adults; and
[1981, c. 527, §2 (new).]
D. Promote self-care wherever possible.
[1981, c. 527, §2 (new).]
[2003, c. 653, §3 (amd).]
2. Reports. The department shall:
A. Receive, promptly investigate and determine the validity of reports of alleged abuse, neglect or exploitation or the substantial
risk of abuse, neglect or exploitation;
[1991, c. 711, §3 (amd).]
B. Take appropriate action, including providing or arranging for the provision of appropriate services and making referrals
to law enforcement; and
[2003, c. 653, §4 (amd).]
C. Petition for guardianship or a protective order under Title 18-A, Article 5, when all less restrictive alternatives have
been tried and have failed to protect the incapacitated adult.
[1981, c. 527, §2 (new).]
[2003, c. 653, §4 (amd).]
3. Appearance of designated employees in Probate Court. The commissioner may designate employees of the department to represent the department in Probate Court in:
A. Matters relating to the performance of duties in uncontested guardianship or conservatorship or termination of guardianship
or conservatorship proceedings; and
[2003, c. 653, §5 (amd).]
B. Requests for emergency guardianships arising from the need for emergency medical treatment or placement in assisted living
programs, residential care facilities or nursing facilities or for orders necessary to apply for or preserve an estate in
emergency situations.
[2003, c. 653, §5 (amd).]
[2003, c. 653, §5 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3474. Records; confidentiality, disclosure
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1981, c. 527, @1 (new))
§3474. Records; confidentiality, disclosure
1. Confidentiality of adult protective records. All department records which contain personally identifying information and are created or obtained in connection with the
department's adult protective activities and activities related to an adult while under the jurisdiction of the department
are confidential and subject to release only under the conditions of subsections 2 and 3. Within the department, the records
shall be available only to and used by authorized departmental personnel and legal counsel for the department in carrying
out their functions.
[1981, c. 527, §2 (new).]
2. Optional disclosure of records. The department may disclose relevant information in the records to the following persons, with protection for the identity
of reporters and other persons when appropriate:
A. An agency responsible for investigating a report of adult abuse, neglect or exploitation when the investigation is authorized
by statute or by an agreement with the department;
[2003, c. 653, §6 (amd).]
B. An advocacy agency conducting an investigation under chapter 961, United States Public Law 88-164, Title I, Part C or United
States Public Law 99-319, except as provided in subsection 3, paragraph D;
[1989, c. 7, Pt. N, §1 (amd).]
C. A physician treating an incapacitated or dependent adult who the physician reasonably suspects may be abused, neglected
or exploited;
[2003, c. 653, §6 (amd).]
D. An incapacitated or dependent adult named in a record who is reported to be abused, neglected or exploited or the caretaker
of the incapacitated or dependent adult;
[2003, c. 653, §6 (amd).]
E. A person having the legal responsibility or authorization to care for, evaluate, treat or supervise an incapacitated or
dependent adult;
[1987, c. 714, §3 (amd).]
F. Any person engaged in bona fide research, provided that no personally identifying information is made available, unless
it is essential to the research and the commissioner or the commissioner's designee gives prior approval. If the researcher
desires to contact a subject of a record, the subject's consent must be obtained by the department prior to the contact;
[1989, c. 858, §6 (amd).]
G. Persons and organizations pursuant to Title 5, section 9057, subsection 6, and pursuant to chapter 857;
[2003, c. 653, §6 (amd).]
H. A relative by blood, marriage or adoption of an incapacitated or dependent adult named in a record; and
[2003, c. 653, §6 (amd).]
I. A member of a panel appointed by the department or the Office of the Attorney General to review the death or serious injury
of an incapacitated or dependent adult or a child.
[2003, c. 653, §6 (new).]
[2003, c. 653, §6 (amd).]
3. Mandatory disclosure of records. The department shall disclose relevant information in the records to the following persons:
A. The guardian ad litem of an incapacitated or dependent adult named in a record who is reported to be abused, neglected or
exploited;
[1981, c. 527, §2 (new).]
B. A court on its finding that access to those records may be necessary for the determination of any issue before the court.
Access must be limited to in camera inspection unless the court determines that disclosure of the information is necessary
for the resolution of an issue pending before it;
[2003, c. 653, §7 (amd).]
C. A grand jury on its determination that access to those records is necessary in the conduct of its official business; and
[RR 1991, c. 2, §80 (cor).]
D. An advocacy agency conducting an investigation under chapter 961, United States Public Law 88-164, Title I, Part C or United
States Public Law 99-319, regarding a developmentally disabled person or mentally ill person who is or who, within the last
90 days, was residing in a facility rendering care or treatment, when a complaint has been received by the agency or there
is probable cause to believe that that individual has been subject to abuse or neglect, and that person does not have a legal
guardian or the person is under public guardianship. The determination of which information and records are relevant to the
investigation is made by agreement between the department and the agency.
[RR 1991, c. 2, §81 (cor).]
[2003, c. 653, §7 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3475. Penalty for violations
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1981, c. 527, @1 (new))
§3475. Penalty for violations
A person who knowingly violates a provision of this chapter commits a civil violation for which a forfeiture of not more than
$500 may be adjudged. Any licensed, registered, accredited or certified professional who has been adjudged to have violated
a provision of this chapter must, in addition to any financial penalty, be reported by the court or the department to the
appropriate professional licensing organization, registration board, accrediting unit or facility.
[2003, c. 653, §8 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3476. Spiritual treatment
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 1: GENERAL PROVISIONS (HEADING: PL 1981, c. 527, @1 (new))
§3476. Spiritual treatment
1. Treatment not considered abuse, neglect or exploitation. An incapacitated or dependent adult shall not be considered to be abused, neglected or exploited solely because treatment
is by spiritual means by an accredited practitioner of a recognized religious organization.
[1981, c. 527, § 2 (new).]
2. Treatment to be considered if requested. When medical treatment is authorized, under this chapter, treatment by spiritual means by an accredited practitioner of a
recognized religious organization may also be considered if requested by the incapacitated or disabled adult or his caretaker.
[1981, c. 527, § 2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3477. Persons mandated to report suspected abuse, neglect or exploitation
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 1-A: REPORTING OF ABUSE, NEGLECT OR EXPLOITATION (HEADING: PL 1981, c. 705, @2 (new))
§3477. Persons mandated to report suspected abuse, neglect or exploitation
1. Report required. The following persons immediately shall report to the department when the person has reasonable cause to suspect that an
incapacitated or dependent adult has been or is at substantial risk of abuse, neglect or exploitation:
A. While acting in a professional capacity:
(1) An allopathic or osteopathic physician;
(2) A medical intern;
(3) A medical examiner;
(4) A physician's assistant;
(5) A dentist;
(6) A chiropractor;
(7) A podiatrist;
(8) A registered or licensed practical nurse;
(9) A certified nursing assistant;
(10) A social worker;
(11) A psychologist;
(12) A pharmacist;
(13) A physical therapist;
(14) A speech therapist;
(15) An occupational therapist;
(16) A mental health professional;
(17) A law enforcement official;
(18) Emergency room personnel;
(19) An ambulance attendant;
(20) An emergency medical technician;
(21) Unlicensed assistive personnel;
(22) A humane agent employed by the Department of Agriculture, Food and Rural Resources; or
(23) A clergy member acquiring the information as a result of clerical professional work except for information received
during confidential communications;
[2003, c. 653, §9 (rpr).]
B. Any person who has assumed full, intermittent or occasional responsibility for the care or custody of the incapacitated
or dependent adult, regardless of whether the person receives compensation; or
[2003, c. 653, §9 (rpr).]
C. Any person affiliated with a church or religious institution who serves in an administrative capacity or has otherwise assumed
a position of trust or responsibility to the members of that church or religious institution, while acting in that capacity,
regardless of whether the person receives compensation.
[2003, c. 653, §9 (rpr).]
The duty to report under this subsection applies to individuals who must report directly to the department. A supervisor
or administrator of a person making a report under this section may not impede or inhibit the reporting, and a person making
a report may not be subject to any sanction for making a report. Internal procedures to facilitate, ensure confidentiality
of and apprise supervisors and administrators of reports may be established as long as those procedures are not inconsistent
with this chapter.
[2003, c. 653, §9 (rpr).]
2. Reports. Reports regarding abuse, neglect or exploitation must be made immediately by telephone to the department and must be followed
by a written report within 48 hours if requested by the department. The reports must contain the name and address of the
involved adult; information regarding the nature and extent of the abuse, neglect or exploitation; the source of the report;
the person making the report; that person's occupation; and where that person can be contacted. The report may contain any
other information that the reporter believes may be helpful.
[2003, c. 653, §10 (amd).]
3. Confidentiality in case of treatment of individual suspected of causing abuse, neglect or exploitation. This section does not require any person acting in that person's professional capacity to report when all of the following
requirements are met:
A. The factual basis for knowing or suspecting abuse, neglect or exploitation of an adult covered under this subchapter derives
from the professional's treatment of the individual suspected of causing the abuse, neglect or exploitation;
[1981, c. 705, Pt. E, §2 (new).]
B. The treatment was sought by the individual for a problem relating to the abuse, neglect or exploitation; and
[1981, c. 705, Pt. E, §2 (new).]
C. In the opinion of the person required to report, the abused, neglected or exploited adult's life or health is not immediately
threatened.
[1981, c. 705, Pt. E, §2 (new).]
[2003, c. 653, §11 (amd).]
4. Confidentiality in case of treatment of individual suspected of being abused, neglected or exploited. This section does not require any person acting in that person's professional capacity to report when all of the following
requirements are met:
A. The factual basis for knowing or suspecting abuse, neglect or exploitation of an adult covered under this subchapter derives
from the professional's treatment of the individual suspected of being abused, neglected or exploited;
[2003, c. 653, §12 (new).]
B. The treatment was sought by the individual for a problem relating to the abuse, neglect or exploitation; and
[2003, c. 653, §12 (new).]
C. In the opinion of the person required to report, the individual is not incapacitated and the individual's life or health
is not immediately threatened.
[2003, c. 653, §12 (new).]
[2003, c. 653, §12 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3478. Mandatory reporting to medical examiner for post-mortem investigation
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 1-A: REPORTING OF ABUSE, NEGLECT OR EXPLOITATION (HEADING: PL 1981, c. 705, @2 (new))
§3478. Mandatory reporting to medical examiner for post-mortem investigation
A person required to report cases of known or suspected abuse or neglect, who knows or has reasonable cause to suspect that
an adult has died as a result of abuse or neglect, shall report that fact to the appropriate authority as provided in section
3026. An adult shall not be considered to be abused or neglected solely because he was provided with treatment by spiritual
means by an accredited practitioner of a recognized religious organization.
[1983, c. 343, § 1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3479-A. Immunity from liability
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 1-A: REPORTING OF ABUSE, NEGLECT OR EXPLOITATION (HEADING: PL 1981, c. 705, @2 (new))
§3479-A. Immunity from liability
1. Reporting and proceedings. A person participating in good faith in reporting under this subchapter, or in a related adult protection investigation
or proceeding, is immune from any civil liability that might otherwise result from these actions, including, but not limited
to, any civil liability that might otherwise arise under state or local laws or rules regarding confidentiality of information.
[2003, c. 653, §14 (amd).]
2. Presumption of good faith. In a proceeding regarding immunity from liability, there shall be a rebuttable presumption of good faith.
[1981, c. 705, Pt. E, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3479. Optional reporting
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 1-A: REPORTING OF ABUSE, NEGLECT OR EXPLOITATION (HEADING: PL 1981, c. 705, @2 (new))
§3479. Optional reporting
Any person may make a report to the department when that person has reasonable cause to suspect an incapacitated or dependent
adult has been or is at substantial risk of abuse, neglect or exploitation.
[2003, c. 653, §13 (amd).]
1. Dependent.
[1989, c. 858, §12 (rp).]
2. Incapacitated.
[1989, c. 858, §12 (rp).]
3. Suspected incapacity.
[1989, c. 858, §12 (rp).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3480-A. Confidential communications
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 2: INVESTIGATIONS AND PROTECTIVE SERVICES (HEADING: PL 1981, c. 527, @1 (new))
§3480-A. Confidential communications
The confidential quality of communications under section 1711-C, Title 24-A, section 4224 and Title 32, sections 1092-A and
7005 is abrogated to the extent allowable under federal law in relation to required reporting or cooperating with the department
in an investigation or other protective activity under this chapter. Information released to the department pursuant to this
section must be kept confidential and may not be disclosed by the department except as provided in section 3474.
[2003, c. 653, §16 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3480. Investigations
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 2: INVESTIGATIONS AND PROTECTIVE SERVICES (HEADING: PL 1981, c. 527, @1 (new))
§3480. Investigations
1. Subpoenas and obtaining criminal history. The commissioner, his delegate or the legal counsel for the department may:
A. Issue subpoenas requiring persons to disclose or provide to the department information or records in their possession that
are necessary and relevant to an investigation of a report of suspected abuse, neglect or exploitation or to a subsequent
adult protective proceeding, including, but not limited to, health care information that is confidential under section 1711-C.
(1) The department may apply to the District Court and Probate Court to enforce a subpoena.
(2) A person who complies with a subpoena is immune from civil or criminal liability that might otherwise result from the
act of turning over or providing information or records to the department; and
[2003, c. 653, §15 (amd).]
B. Obtain nonconviction data and other criminal history record information under Title 16, section 611, which he deems relevent
to a case of alleged abuse, neglect or exploitation.
[1981, c. 527, §2 (new).]
[2003, c. 653, §15 (amd).]
2. Confidentiality. Information or records obtained by subpoena shall be treated in accordance with section 3474.
[1981, c. 527, §2 (new).]
3. Right of entry and access to records of licensed facilities. The department and any duly designated officer or employee of the department have the right to enter upon and into the premises
of any facility licensed under sections 1817 and 7801 in order to obtain information necessary and relevant to an investigation
of a report of suspected abuse, neglect or exploitation or to a subsequent adult protective proceeding. The department has
access to all records in the facility's possession that are relevant to the investigation of a report of suspected abuse,
neglect or exploitation and any subsequent adult protective proceeding and is not required to issue a subpoena to the facility
before obtaining access to the records.
[1995, c. 696, Pt. B, §4 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3481. Providing for protective services with the consent of the person; withdrawal of consent; care taker refusal
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 2: INVESTIGATIONS AND PROTECTIVE SERVICES (HEADING: PL 1981, c. 527, @1 (new))
§3481. Providing for protective services with the consent of the person; withdrawal of consent; care taker refusal
When it has been determined that an incapacitated or dependent adult is in need of protective services, the department shall
immediately provide or arrange for protective services, provided that the adult consents.
[1981, c. 527, §2 (new).]
1. Consent. If an incapacitated or dependent adult does not consent to the receipt of protective services, or if he withdraws consent,
the service shall not be provided.
[1981, c. 527, §2 (new).]
2. Consent refused. When a private guardian or conservator of an incapacitated adult who consents to the receipt of protective services refuses
to allow those services to be provided to the incapacitated adult, the department may petition the Probate Court for removal
of the guardian pursuant to Title 18-A, section 5-307, or for removal of the conservator pursuant to Title 18-A, section 5-415.
When a caretaker or guardian of an incapacitated adult who consents to the receipt of protective services refuses to allow
those services to be provided to the incapacitated adult, the department may petition the Probate Court for temporary guardianship
pursuant to Title 18-A, section 5-310-A or for a protective arrangement pursuant to Title 18-A, section 5-409.
[1993, c. 652, §8 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3482. Providing for protective services to incapacitated adults who lack the capacity to consent
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 2: INVESTIGATIONS AND PROTECTIVE SERVICES (HEADING: PL 1981, c. 527, @1 (new))
§3482. Providing for protective services to incapacitated adults who lack the capacity to consent
If the department reasonably determines that an incapacitated adult is being abused, neglected or exploited and lacks capacity
to consent to protective services, the department may petition the Probate Court for guardianship or conservatorship, in accordance
with Title 18-A, section 5-601. The petition must allege specific facts sufficient to show that the incapacitated adult is
in need of protective services and lacks capacity to consent to them.
[1981, c. 527, § 2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3483. Emergency intervention; authorized entry of premises; immunity of petitioner
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 2: INVESTIGATIONS AND PROTECTIVE SERVICES (HEADING: PL 1981, c. 527, @1 (new))
§3483. Emergency intervention; authorized entry of premises; immunity of petitioner
1. Action. When the court has exercised the power of a guardian or has appointed the department temporary guardian pursuant to Title
18-A, section 5-310-A, and the ward or a caretaker refuses to relinquish care and custody to the court or to the department,
then at the request of the department, a law enforcement officer may take any necessary and reasonable action to obtain physical
custody of the ward for the department. Necessary and reasonable action may include entering public or private property with
a warrant based on probable cause to believe that the ward is there.
[1993, c. 652, §9 (amd).]
2. Liability. No petitioner shall be held liable in any action brought by the incapacitated adult if the petitioner acted in good faith.
[1981, c. 527, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3484. Payment for protective services
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 2: INVESTIGATIONS AND PROTECTIVE SERVICES (HEADING: PL 1981, c. 527, @1 (new))
§3484. Payment for protective services
At the time the department makes an evaluation of the case reported, it must be determined, according to regulations set by
the commissioner, whether the incapacitated or dependent adult is financially capable of paying for the essential services.
To the extent that assets are available to the incapacitated or dependent adult, ward or protected person, the cost of services
must be borne by the estate of the person receiving those services.
[2003, c. 653, §17 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3485. Reporting abuse
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 2: INVESTIGATIONS AND PROTECTIVE SERVICES (HEADING: PL 1981, c. 527, @1 (new))
§3485. Reporting abuse
Upon finding evidence indicating that a person has abused, neglected or exploited an incapacitated or dependent adult, resulting
in serious harm, the department shall notify the district attorney or law enforcement agency.
[2003, c. 653, §18 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3486. Cooperation
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 2: INVESTIGATIONS AND PROTECTIVE SERVICES (HEADING: PL 1981, c. 527, @1 (new))
§3486. Cooperation
All other state and local agencies as well as private agencies receiving public funds shall cooperate with the department
in rendering protective services on behalf of incapacitated and dependent adults.
[1981, c. 527, § 2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3487. Adoption of standards
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 2: INVESTIGATIONS AND PROTECTIVE SERVICES (HEADING: PL 1981, c. 527, @1 (new))
§3487. Adoption of standards
The department shall adopt standards and other procedures and guidelines with forms to insure the effective implementation
of this chapter.
[1981, c. 527, § 2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3488. Placement (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 3: PLACEMENT AND THERAPEUTIC SERVICES FOR DEPENDENT AND INCAPACITATED ADULTS WHO ARE NOT MENTALLY RETARDED (HEADING: PL 2003,
c. 653, @19 (rp))
§3488. Placement (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3489. Levels (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 3: PLACEMENT AND THERAPEUTIC SERVICES FOR DEPENDENT AND INCAPACITATED ADULTS WHO ARE NOT MENTALLY RETARDED (HEADING: PL 2003,
c. 653, @19 (rp))
§3489. Levels (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3490. Therapeutic services (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 3: PLACEMENT AND THERAPEUTIC SERVICES FOR DEPENDENT AND INCAPACITATED ADULTS WHO ARE NOT MENTALLY RETARDED (HEADING: PL 2003,
c. 653, @19 (rp))
§3490. Therapeutic services (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3491. Training team (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 3: PLACEMENT AND THERAPEUTIC SERVICES FOR DEPENDENT AND INCAPACITATED ADULTS WHO ARE NOT MENTALLY RETARDED (HEADING: PL 2003,
c. 653, @19 (rp))
§3491. Training team (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3492. Rules (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 3: PLACEMENT AND THERAPEUTIC SERVICES FOR DEPENDENT AND INCAPACITATED ADULTS WHO ARE NOT MENTALLY RETARDED (HEADING: PL 2003,
c. 653, @19 (rp))
§3492. Rules (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §3493. Rules
Title 22: HEALTH AND WELFARE
Subtitle 3: INCOME SUPPLEMENTATION (HEADING: PL 1973, c. 790, @1 (amd))
Part 2: Aged, Blind, Disabled or Medically Indigent Persons
Chapter 958-A: ADULT PROTECTIVE SERVICES ACT (HEADING: PL 1981, c. 527, @1 (new))
Subchapter 4: RULES (HEADING: PL 2003, c. 653, @20 (new))
§3493. Rules
The department may adopt rules in accordance with Title 5, chapter 375, subchapter 2-A to carry out this chapter.
[2003, c. 653, §20 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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