Mental Health Advocacy
DRM provides advocacy services to individuals with mental illness under the federal PAIMI program. The federal PAIMI statute and regulations provides that the rights of individuals with mental illness are to be protected through activities that ensure the enforcement of their rights under the Constitution and Federal and State statutes, to investigate instances of abuse and neglect and to engage in outreach and monitoring activities. These laws grants the DRM authority to provide these services to individuals in the community and in institutional settings.
Additionally, DRM has contracts to provides full time on site mental health advocacy services at three inpatient psychiatric hospitals: Dorothea Dix Psychiatric Center and Acadia Hospital located in Bangor and Riverview Psychiatric Center located in Augusta.
DRM's Recent Work
DRM Enforces Right to Telephone Access
DRM received a complaint from an individual who was not able to make private telephone calls while staying at a mental health community crisis unit. The individual wanted to be able to talk with her various medical providers without the staff hearing her private conversations. DRM contacted the mental health agency that operated the crisis residences and they agreed to purchase a cordless telephone so that residents in the future would be able to make private telephone calls. The agency also agreed to provide training to staff to ensure that all residents were made aware of their right to be able to make private telephone calls.
DRM Advocates for Individual to Return Home
A 35 year old man with mental illness was living in a licensed mental health community residence. The man went to the emergency room and was later transferred to a psychiatric hospital. Staff at the community residence informed the man that he was being discharged from his home and could not return to the residence. He had no other place to go and was facing the possibility of an extended long term hospitalization. DRM staff intervened and educated the staff at the residence on the legal rights he possessed regarding his housing. After being educated on his rights, the staff then agreed to have the man discharged back to his home at the residence.
Advance Health Care Directives for Planning Mental Health Care
Advance directives have been used in the field of general health care for several years.They were originally called “living wills”. They are now available to direct mental health care as well.Advance directives for mental health care are fairly new.
This manual is designed to help you:
- Learn more about an advance directive for mental health care.
- Decide whether you want one.
- Develop an advance directive for mental health care.
- Know what questions to ask if you have someone help you write one.
- Use your advance directive for mental health care.
- Know about some problems in using one.
Due to recent changes to Maine's Probate Code, this guide is currently being revised. If you have questions about Advance Directives, please contact our office at 800.452.1948.
Involuntary Hospitalization & Outpatient Services Laws
A Basic Guide to Laws Covering Involuntary Admission to Psychiatric Hospitals and to Outpatient Services
This manual is designed as a simple guide through the involuntary hospitalization process and the involuntary outpatient services laws.
The involuntary hospitalization process can also lead to an order for involuntary treatment. A guide to this process is included in the section on involuntary hospitalization. Involuntary treatment is generally treatment with medications.
This manual also includes a guide on the process whereby outpatient services may be ordered involuntarily. These services are called the “Progressive Treatment Program”. Procedures dealing with this program are in a separate section in this manual.
This manual is not a substitute for legal advice. For specific questions
or assistance with particular issues, please contact Disability Rights
Supported Decision-Making: A User’s Guide for People with Disabilities and Their Supporters
Your Rights in Maine’s Community Crisis System
This brochure provides an overview of your rights when accessing telephone, walk-in and mobile crisis services in the community.
Your Rights in Crisis Stabilization Units
This brochure provides basic information about what to expect when accessing services in a crisis stabilization unit ("crisis residence").
How to File a Grievance Against a Community Mental Health Provider
Are you unhappy with your (adult) community mental health services? Download this brochure to learn how you can address your concerns through the grievance process.
In December 2017, the US Dept. of Justice rescinded 25 guidance documents. Shortly thereafter, the New York Times archived these documents and made them available on the cloud.
Below is the list of documents that are available for viewing by clicking the link below:
- ATF Procedure 75-4.
- Industry Circular 75-10.
- ATF Ruling 85-3.
- Industry Circular 85-3.
- ATF Ruling 2001-1.
- ATF Ruling 2004-1.
- Southwest Border Prosecution Initiative Guidelines (2013).
- Northern Border Prosecution Initiative Guidelines (2013).
- Juvenile Accountability Incentive Block Grants Program Guidance Manual (2007).
- Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on Levying Fines and Fees on Juveniles (January 2017).
- Dear Colleague Letter on Enforcement of Fines and Fees (March 2016).
- ADA Myths and Facts (1995).
- Common ADA Problems at Newly Constructed Lodging Facilities (November 1999).
- Title II Highlights (last updated 2008).
- Title III Highlights (last updated 2008).
- Commonly Asked Questions About Service Animals in Places of Business (July 1996).
- ADA Business Brief: Service Animals (April 2002).
- Prior Joint Statement of the Department of Justice and the Department of Housing and Urban Development Group Homes, Local Land Use, and the Fair Housing Act (August 18, 1999).
- Letter to Alain Baudry, Esq., with standards for conducting internal audit in a non-discriminatory fashion (December 4, 2009).
- Letter to Esmeralda Zendejas on how to determine whether lawful permanent residents are protected against citizenship status discrimination (May 30, 2012).
- Common ADA Errors and Omissions in New Construction and Alterations (June 1997).
- Common Questions: Readily Achievable Barrier Removal and Design Details: Van Accessible Parking Spaces (August 1996).
- Website guidance on bailing-out procedures under section 4(b) and section 5 of the Voting Rights Act (2004).
- Americans with Disabilities Act Questions and Answers (May 2002).
- Statement of the Department of Justice on Application of the Integration Mandate of Title II of the Americans with Disabilities Act and Olmstead v. L.C. to State and Local Governments' Employment Service Systems for Individuals with Disabilities (October 31, 2016).
New York Times, December 2017
National Council for Aging Care's Guide on Military Veteran Benefit Options
National Council for Aging Care
Assessing the Use of Law Enforcement by Youth Residential Service Providers
Maine’s Criminal Responsibility Law: How does it affect me?
Rights of Persons Living in Residential Facilities that Provide Mental Health Treatment
The AMHI Consent Decree - A Primer
This document provides an overview of the AMHI Consent Decree. It was developed by Kevin Voyvodich, managing attorney, for the Joint Standing Committee on Health & Human Services.
Peer Recovery Training Manual
This manual provides a menu of program options that support efforts to promote recovery, and improve patient experience and outcomes.
Rights of Recipients of Mental Health Services (RRMHS)
Office of Substance Abuse and Mental Health Services
Grievance Process Guide
Office of Substance Abuse and Mental Health Services
A Basic Guide to Self-Advocacy
This manual is intended to provide a simple yet informative overview of how to be a self-advocate. This manual is not a substitute for legal advice. If you have specific questions or need assistance with a particular issue, please contact Disability Rights Maine.
Trainings & Upcoming Events
DRM Offers Trainings to Charlotte White Center Staff
DRM attorneys Kevin Voyvodich and Mark Joyce presented a rights training to staff of the Charlotte White Center. Staff included community case managers and staff of various residential settings that provide services to individuals with mental illness and traumatic brain injuries. Attorney Voyvodich presented to Charlotte White’s Bangor area staff on February 8 and Attorney Joyce presented to Dover-Foxcroft area staff on February 12.
DRM Presents at Statewide CCSM Event
DRM attorneys Bernadette O’Donnell, Kevin Voyvodich and Mark Joyce presented at the Consumer Council System of Maine’s Statewide meeting held on August 28, 2015 in Augusta. They presented on issues relating to access to mental health treatment in the community and unmet needs.