April 12, 2017

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rule-making liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 14-472 - Department of Health and Human Services (DHHS), Office of Child and Family Services (OCFS)
CHAPTER NUMBER AND TITLE: Ch. 5 (New), Regulations Governing Behavior Plan Development and Implementation for Children with Intellectual Disabilities or Autism Spectrum Disorder (Autism) in Maine
PROPOSED RULE NUMBER: 2017-P034
BRIEF SUMMARY: The purpose of this rule is to ensure that services provided to Children with Intellectual Disabilities and Autism Spectrum Disorder who are experiencing challenging behavior are based upon positive support strategies, effective behavioral assessment, and least restrictive measures. Interventions are planned, consistent, and assure the child's individual rights and well-being are recognized and protected during the course of treatment. The rule describes the role of the child's planning team in development of the behavior plan. It also specifies the review and approval that is required for plans that propose different levels of restriction of rights.
DETAILED BASIS STATEMENT I SUMMARY: These regulations are designed to implement Maine Law regarding the Rights of Children with Intellectual Disabilities of Autism Spectrum Disorder (Autism). The purpose of the rule is to ensure that services provided to children with Intellectual Disabilities and Autism Spectrum Disorder who are experiencing challenging behavior are based upon positive support strategies, effective behavioral assessment, and least restrictive measures. Interventions are planned, consistent, and assure the child's individual rights and well-being are recognized and protected during the course of treatment.
The regulations describe the role of the child's planning team. When a child is exhibiting challenging behavior, the child's planning team must design a behavior plan to help increase prosocial behavior and eliminate or reduce the frequency and severity of the challenging behavior. When a child's challenging behavior presents a threat of injury to self of others, or threatens serious damage to the property of others, the child's planning team must act to ensure the child's safety and the safety of others. The regulations describe four different tiers of behavior plans, based on the level of restriction proposed. The criteria for behavior plan development, review, and approval differ at each level. The two highest levels include safety procedures, which consist of all planned interventions that involve more than a minimal degree of risk, intrusion, restriction of movement, or significant physical distress, and are designed to maintain the safety of the child and those in his/her environment. Each proposed behavior plan must be reviewed at the appropriate level corresponding to the most intrusive intervention that is proposed in the behavior plan. The regulations describe the review team, which is responsible for reviewing plans at the two highest levels. The highest (fourth) level requires Commissioner approval, in addition to the approval of the review team. The regulations also define a set of prohibited practices which will not be approved and must not be implemented at any level of intervention. In addition, the regulations define emergencies, which occur when a child's challenging behavior presents an imminent risk to the health and/or safety of the child or others. The document defines rights protections for children during emergencies.
PUBLIC HEARING: Monday, May 1, 2017 from 1:00- 3:00 p.m. at the Augusta Armory, 179 Western Avenue, Augusta, ME
COMMENT DEADLINE: May 11, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Debra White, Hearings and Appeal Unit, DHHS-OCFS, 2 Anthony Avenue, 11 State House Station, Augusta, ME 04333. Telephone: (207) 624- 7968. E-mail: Debra.White@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 34-B MRS  § § 5601-5610
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OCFS WEBSITE: http://www.maine.gov/dhhs/ocfs/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 101, Loan Insurance Program, Amendment 6
ADOPTED RULE NUMBER: 2017-059
CONCISE SUMMARY: The amendment changes the maximum amount of leveraged loan insurance that the Authority can provide to one Borrower from $1 million to $2.5 million, and makes other changes to conform to contingent statute changes made by PL 2015 ch. 38  §1.
EFFECTIVE DATE: April 9, 2017
AGENCY CONTACT PERSON / FAME RULE-MAKING LIAISON: Christopher H. Roney, Finance Authority of Maine, 5 Community Drive, Augusta, ME 04332. Telephone: (207) 623-3263. E-mail: CRoney@FameMaine.com .
WEBSITE: www.famemaine.com .