Sec. 1. 34-B MRSA §15002, sub-§4, ķA, as enacted by PL 1997, c. 790, Pt. A, §1 and affected by §3, is amended to read:

A. The departments shall adopt rules providing for an informal grievance process that may be initiated at the request of a child or the child's family. The informal grievance process, which may utilize mediation, must include a commence within 5 working days of the filing of the grievance.__A written decision with findings of fact by an impartial hearing officer must be filed within one week of the filing of the grievance if mediation is not requested by the child or the child's family and, if mediation is requested, within 2 weeks of the filing of the grievance. Providers of care and advocates for the child may be heard at the request of the child or the child's family. The informal grievance process is provided in addition to any rights of appeal that may be available under law, rule or regulation. If the right to appeal is limited to a certain time period, that time period begins to run on the date of issuance of a decision under this paragraph.

SUMMARY

The purpose of this bill is to amend the laws governing children's mental health services to allow sufficient time for mediation and discussion to reach resolution between parties to a dispute. Under current law, the informal grievance process must include a written decision within one week of filing or, if mediation is requested, within 2 weeks of filing. This bill requires that the process commence within 5 working days of filing.