Maine Revised Statutes

Me. Rev. Stat. tit. 5, § 19504 (2026)

Organization

✓ current as of May 2026
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The protection and advocacy agency for persons with disabilities, designated by the Governor, must meet the following requirements.   [PL 1989, c. 837, §1 (NEW).]
1.  Governing authority.  The agency is governed by an authority established in accordance with the following.  
A. Members must be selected in accordance with the agency's policies and procedures.   [PL 1989, c. 837, §1 (NEW).]
B. By October 1, 1990, membership must include the chair of the advisory council, described in subsection 2, and other individuals who represent or who are knowledgeable about the needs of the clients served by the agency.   [PL 1989, c. 837, §1 (NEW).]
C. The governing authority is responsible for the planning, design, establishment of priorities and implementation and functioning of the agency, subject to the provisions of subsection 2.   [PL 1989, c. 837, §1 (NEW).]
[PL 1989, c. 837, §1 (NEW).]
2.  Advisory council.  The agency shall establish an advisory council with the following membership and duties.  
A. The advisory council shall advise the agency on policies and priorities to be followed in carrying out the duties of the agency as the protection and advocacy agency for individuals with mental illness.   [PL 2001, c. 357, §11 (AMD).]
B. Members of the advisory council must include attorneys, mental health professionals, individuals from the public who are knowledgeable about mental illness and the advocacy needs of persons with mental illness and who have demonstrated a substantial commitment to improving mental health services, a provider of mental health services, individuals who have received or who are receiving mental health services and family members of those individuals. At least 60% of the membership must consist of individuals who have received or who are receiving mental health services and family members of those individuals.   [PL 2001, c. 357, §11 (AMD).]
[PL 2001, c. 357, §11 (AMD).]
SECTION HISTORY
PL 1989, c. 837, §1 (NEW). PL 2001, c. 357, §11 (AMD).
Notes of Decisions
Cited in 1 case, 2000–2000 · leading case: Risinger Ex Rel. Risinger v. Concannon, 117 F. Supp. 2d 61 (D. Me. 2000).
Risinger Ex Rel. Risinger v. Concannon, 117 F. Supp. 2d 61 (D. Me. 2000). “§§ 10805 (a)(6)(B), (9), (c)(1)(B); 5 M.R.S.A. § 19504(2)(B), the Court chooses to follow the Eleventh Circuit’s reasoning and concludes that DRC’s status as a non-membership organization does not preclude its standing to sue on behalf of the individuals it is charged with…”
— Me. Rev. Stat. tit. 5, § 19504(2)(B) — 1 case
Risinger Ex Rel. Risinger v. Concannon, 117 F. Supp. 2d 61 (D. Me. 2000). “§§ 10805 (a)(6)(B), (9), (c)(1)(B); 5 M.R.S.A. § 19504(2)(B), the Court chooses to follow the Eleventh Circuit’s reasoning and concludes that DRC’s status as a non-membership organization does not preclude its standing to sue on behalf of the individuals it is charged with…”
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