If you receive Developmental Services funded or provided by the Department of Health and Human Services (DHHS) — including services for people with intellectual disabilities or autism — you have the right to file a grievance when a decision or action by DHHS, or one of your providers, affects your services, supports, or rights.
A grievance is a formal complaint. It can be about:
A denial, reduction, or change in services or supports.
Concerns about the quality or safety of your services, home, or program.
A violation of your rights.
Situations where your concerns are not being addressed, even after talking to your case manager or provider.
The grievance process exists to make sure your voice is heard and that problems can be reviewed and resolved fairly.
Summary of the Developmental Services Grievance Process
You can also ask for a grievance verbally, and your case manager or provider must fill out the form for you.
Your case manager must work with you to try to solve the problem within 16 calendar days.
If the issue isn’t resolved, your case manager will send your grievance to a DHHS Program Administrator (Level II) and notify you. The case manager should also notify Disability Rights Maine that a grievance has been filed by sending a copy to DSgrievancecopy@drme.org.
Level II – DHHS Program Administrator (Informal)
A Program Administrator from DHHS reviews your grievance.
They can look at documents, talk to you, and talk to your representative to understand the problem.
They must work with you to try to solve the issue within 30 calendar days.
You’ll get a written decision explaining their findings and decision.
Level III – Formal Administrative Hearing
If you disagree with the Level II decision, you have 12 calendar days to request a Level III hearing.
You (or your representative) must send a written request to your case manager and the Program Administrator explaining why you disagree.
A hearing will be scheduled within 15 business days.
A Hearing Officer (an independent person) will listen to you, DHHS, and any witnesses to decide what should happen.
You can have a representative, advocate, or support person with you at the hearing.
Mediation
You can ask for mediation at any stage of the grievance process and the deadlines will be put on hold. Mediation is when you and the other side talk with a helper to solve a problem. If mediation doesn’t fix your problem, you can continue with your grievance.
Disability Rights Maine’s Role in the Grievance Process
State rules require that all Developmental Services grievances be copied to Disability Rights Maine (DRM).
When filing a grievance, you (or your case manager) should send a copy to DRM at: DSgrievancecopy@drme.org
Sending this copy does not automatically mean DRM will assist with your grievance. It simply ensures that DRM is notified, as required by rule.
If you would like to request advocacy assistance for filing a grievance or representation at a Level III formal hearing, you can contact DRM to schedule an intake appointment:
Please note: DRM cannot guarantee that we will take on every grievance case, but we are always happy to provide additional information and resources to help you understand your rights and options.
FAQ – Quick Answers About Grievances
Q: Do I have to file a grievance right away?
A: No. You can try to solve the problem first by talking to your case manager or provider.
Q: Can someone help me file a grievance?
A: Yes! A case manager, a friend, family member, guardian, or advocate can help.
Q: What if I need an interpreter or other communication help?
A: DHHS must provide one for free if you ask.
Q: Will I get in trouble for filing a grievance?
A: No. It is your right to speak up if you’re unhappy or feel your rights are being ignored.
DRM’s latest advocacy video highlights a critically important topic: Guardianship Reform Thanks to DRM’s self-advocate partners and our partners at Speaking Up For Us for helping to put this video together.
Disability Rights Maine Releases 2024 Election Report
Augusta – Today, Disability Rights Maine released a report, which provides an overview of the agency’s efforts in 2024 to ensure disabled voters have equal access to vote.
In the leadup to the General Election, DRM engaged in an extensive outreach and training campaign to raise awareness about voting rights among disabled voters and election officials. On Election Day, DRM staff visited 210 polling places in all 16 Maine counties to conduct accessibility reviews. DRM found that while serious violations, like a lack of accessible entrance, were rare, 81% of polling places had one or more probable violations of the Americans with Disabilities Act. When serious issues were reported, either through observation or reports to DRM’s voting access hotline, the majority were quickly resolved.
“We are pleased with the significant improvements made between 2023 and 2024 to improve access to the polls. DRM is grateful for our continued close collaboration with the Maine Department of the Secretary of State, which has been critical to making these advancements possible,” stated Kim Moody, Executive Director.
The report concludes that access to the Accessible Voting System and ADA compliance at municipal owned buildings like Community Centers and Town/City Halls remain statewide problems and will be the focus of continued advocacy in advance of the next election.
###
Disability Rights Maine is Maine’s Protection & Advocacy organization. Our mission is to advance justice and equality by enforcing rights and expanding opportunities for people with disabilities in Maine.
DRM’s latest advocacy video highlights a critically important topic: the Social Security marriage penalty. Thanks to DRM’s self-advocate partners and our partners at Speaking Up For Us for helping to put this video together.
Disability Rights Maine Maintains Opposition to Psychiatric Residential Treatment Facilities in Maine
Augusta – Today, the State of Maine released a request for application for the Development of a Psychiatric Residential Treatment Facility (PRTF) for children. DRM staunchly opposes any efforts to introduce a PRTF in Maine.
In 2019, DRM staff visited Maine children in out-of-state placements at PRTFs in Arkansas. At the time, DRM found that children were not receiving the critical treatment that these facilities are purported to provide. Rather, children received one hour per week of individualized therapy with their clinicians and were largely confined to their cinderblock units with little to no structured programming.
This summer, the U.S. Senate completed a two-year investigation into abuses that take place at PRTFs in Arkansas and other states. The committee found, in brief, that:
“Children at RTFs suffer harms such as the risk of physical, sexual, and emotional abuse at the hands of staff and peers, improperly executed and overused restraint and seclusion, inadequate treatment and supervision, and non-homelike environments. These harms amount to acute safety concerns and have long-term effects, including suffering, trauma and even death. Taken together, the Committee finds that these harms are endemic to the RTF operating model.”
By issuing this RFA, Maine is seeking to introduce a failed model of treatment, increasing the risk of further harm to Maine’s children.
“In light of the historic agreement reached with the DOJ last week, which is based on the assumption that all children can have their needs met in their homes and communities if provided appropriate behavioral health services, it makes no sense for Maine to spend time and resources building new institutional beds for children. Maine should instead focus on meeting its obligations under the agreement, which can only be done through developing and delivering a system of community-based services,” said Atlee Reilly, Managing Attorney.
###
Disability Rights Maine is Maine’s Protection & Advocacy organization. Our mission is to advance justice and equality by enforcing rights and expanding opportunities for people with disabilities in Maine.
