10-148-50 Me. Code R. § 3

Current through 2024-25, June 19, 2024

Section 148-50-3 - ELIGIBILITY

In order for a Custodian to be eligible to enter into a Voluntary Agreement with the Department of Human Services the following conditions must be met:

A. The child for whom the Custodian is seeking services is under age 18; and

B. The child for whom the Custodian is seeking services is willing and able, as determined by a mental health professional and in compliance with the Rights of Recipients of Mental Health Services Who Are Children in Need of Treatment, to participate in the specific services recommended by the interdisciplinary team; and

C. The Custodian must be willing and able, as determined by a mental health professional, to participate to whatever degree the service provider determines necessary in the treatment recommended for the child; and

D. The Custodian must be willing and able to participate in development of case plans, in administrative case reviews and in judicial reviews; and

E. The Custodian must have made application for services to all available community resources prior to requesting a Voluntary Agreement with the Department of Human Services including but not limited to:

1. The Department of Mental Health and Mental Retardation's' Bureau of Children with Special Needs case management system, if eligible;

2. Special education services, if applicable;

3. The Department's Bureau of Income Maintenance for Medicaid coverage through either Categorically Needy, Medically Needy or the "Katie Beckett' option;

4. Local mental health clinic services; and

F. For those children who are receiving or needing special educational services, there shall have been a Pupil Evaluation Team (PET) meeting, held, or requested, within the current school year-, and

G. The Department's Bureau of Child and Family Services finds that staying in the Custodian's home would be detrimental to the welfare of the child; and

H. The Department's Bureau of Child and Family Services finds that absent a mutual agreement, the child is at risk of entering the child protection system or the juvenile justice system.

10-148 C.M.R. ch. 50, § 3