An Act To Establish the Volunteer Advocate Program
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §12004-J, sub-§18 is enacted to read:
18.
| Mental Health and Intellectual Disability | Volunteer Advocate Program Board | Expenses Only | 34-B MRSA §1226 |
Sec. 2. 34-B MRSA §1226 is enacted to read:
§ 1226. Volunteer Advocate Program
1. Program established. The Volunteer Advocate Program, referred to in this section as "the program," is established within the department for the purpose of advocating for the rights of persons with intellectual disabilities or autism, referred to in this section as "consumers," within a system of services and supports that operates according to the principles of normalization and full community inclusion.
2. Volunteer Advocate Program Board. The Volunteer Advocate Program Board, established by Title 5, section 12004-J, subsection 18 and referred to in this section as "the board," consists of 6 members.
A. The Governor shall appoint the members of the board based on recommendations of the steering committee of an existing independent program of volunteer advocates for persons with intellectual disabilities or autism. Members serve for terms of 3 years and may be reappointed for up to 2 full terms. In making appointments, the Governor shall endeavor to ensure adequate representation from different regions of the State.
B. Board members must be volunteer advocates. A member of the Maine Developmental Services Oversight and Advisory Board, a member of any other state advisory board and a state employee or contractor may not serve as a board member.
C. A vacancy on the board must be filled as soon as practicable by appointment for the unexpired term in the same manner as the original appointment under paragraph A. A member serves until a successor is appointed.
3. Chair. The board shall elect a chair from among its members.
4. Compensation. Board members are entitled to reimbursement of reasonable expenses incurred in order to serve on the board as provided in Title 5, section 12004-J, subsection 18.
5. Staff. The board may hire a program coordinator.
6. Budget. The board shall provide to the commissioner a proposed budget in accordance with a schedule agreed to by the chair and the commissioner. The department shall include in its estimate of expenditure and appropriation requirements filed pursuant to Title 5, section 1665 sufficient funds, listed in a separate account as a separate line item, to enable the board to administer the program.
7. Fund-raising. The board may raise funds, through grants or other means, to be used toward the operation of the program or for specific projects. Up to 75% of funds raised for the operation of the program may be used to defray the State's budget expenditure for the program.
8. Maine Tort Claims Act. Board members and staff of the program act as employees of the State, as defined in Title 14, section 8102, subsection 1, when engaged in official duties specified in this section or assigned by the board.
9. Duties of the board. The board shall oversee the operation of the program. The board has the following duties:
A. To recruit, approve, train, assign, supervise and support volunteer advocates for consumers of the department's services for persons with intellectual disabilities or autism; and
B. To maintain and update a policy and training manual for volunteer advocates. The manual must include a policy regarding protection of confidential information and conflicts of interest. The board shall submit a copy of the manual, and any updates, to the Maine Developmental Services Oversight and Advisory Board and the department for review and comment.
10. Referral. The program may refer matters brought to its attention to other resources when those matters involve consumers who have a volunteer advocate assigned by the program.
11. Access to information and facilities. The program and its staff have the following rights of access to information and facilities.
A. A volunteer advocate must be provided access to all living and program areas used by a consumer and to records related to a consumer for whom the volunteer advocate serves as volunteer advocate, other than personnel records of persons providing services to the consumer. A volunteer advocate must be provided access to the personnel of any institution, facility, agency or other provider serving a consumer the volunteer advocate represents that is administered, licensed or funded by a state agency. This paragraph does not permit a volunteer advocate access to information or records relating to a person or persons for whom the volunteer advocate does not serve as the designated volunteer advocate.
B. The program must be provided access as described in paragraph A for all consumers who participate in the program.
C. A volunteer advocate has the right to be notified of and attend all personal planning meetings for the consumer to whom the volunteer advocate is assigned and to file grievances on that consumer's behalf.
12. Duties of volunteer advocates. A volunteer advocate shall serve as the next friend of a consumer to whom the volunteer advocate has been assigned by the program. A volunteer advocate shall attend planning meetings and assist a consumer in articulating the consumer's needs and desires and in ensuring that the consumer's rights under law are acknowledged and respected.
13. Rulemaking. The board shall adopt rules governing its operations, including rules establishing its bylaws. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
14. Transition to not-for-profit corporation. The board, in the interests of the complete independence of the program, shall work toward establishing the program as a not-for-profit tax-exempt corporation that is independent of the department and any of its agencies. The department shall assist the board in the transition of the program to an independent entity.
Sec. 3. 34-B MRSA §5470-B, sub-§10 is enacted to read:
10. Notice to Volunteer Advocate Program. The department shall notify the Volunteer Advocate Program under section 1226 whenever a planning team for an adult with an intellectual disability or autism has determined that the adult has a need for a volunteer advocate.
Sec. 4. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 34-B, section 1226, subsection 2, paragraph A, of the initial members of the Volunteer Advocate Program Board, the Governor shall designate 2 appointees to serve for one-year terms, 2 appointees to serve for 2-year terms and 2 appointees to serve for 3-year terms. An initial term of one year or 2 years may not be considered a full term for the purposes of limiting the number of terms for which a member may serve.
SUMMARY
This bill establishes in law the Volunteer Advocate Program to replace the Volunteer Correspondent Program established in 1978 pursuant to the Pineland Consent Decree. The bill establishes a structure and guidelines for the enhancement and continuation of a program of volunteer advocates for persons with intellectual disabilities and autism with the goal of establishing an independent not-for-profit corporation to provide volunteer advocacy services.