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29 7 3
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MARVIN MANDEL, Governor
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(1) INDIVIDUALS PRESENTLY RESIDING
INAPPROPRIATELY IN LARGE STATE INSTITUTIONS WHO COULD
BEST BE SERVED IN THEIR COUNTY OF ORIGIN;
(2) HISTORIC DATA; AND
(3) REASONABLE PROJECTIONS.
(C) THE DIRECTOR SHALL CONSULT WITH THE GOVERNING
BODY OF THE COUNTY OR COUNTIES COMPRISING A REGION,
CONSUMER GROUPS, LOCAL AND STATE BOARDS OF EDUCATION, AND
OTHER PUBLIC OR PRIVATE AGENCIES IN PREPARING AN
EVALUATION OF NEED.
40.
THE SECRETARY OF HEALTH AND MENTAL HYGIENE SHALL, IN
COMPLIANCE WITH THE ADMINISTRATIVE PROCEDURES ACT, ADOPT
APPROPRIATE RULES AND REGULATIONS FOR THE ESTABLISHMENT
AND OPERATION OF GROUP HOMES.
41.
(A) IF THE DIRECTOR DETERMINES AND CERTIFIES THAT
THERE IS A PRESENT NEED FOR ONE OR MORE GROUP HOMES IN A
COUNTY OR MULTICOUNTY REGION, THE COUNTY OR COUNTIES IN
THE REGION, IN CONSULTATION WITH LOCAL CONSUMER GROUPS,
SHALL PURSUE PROMPTLY APPROPRIATE PROCDURES TO SELECT A
SUITABLE SITE OR SITES FOR GROUP HOMES. THE DIRECTOR
SHALL COOPERATE WITH AND ASSIST THE COUNTY OR COUNTIES IN
THE SELECTION OF A SITE OR SITES WHICH WILL BE CONSISTENT
WITH RULES AND REGULATIONS ADOPTED PURSUANT TO SECTION 40
OF THIS SUBTITLE. BEFORE SELECTING A SITE, THE COUNTY
GOVERNING BODY SHALL HOLD AT LEAST ONE PUBLIC HEARING IN
THE COUNTY IN WHICH ONE OR MORE SITES ARE PROPOSED.
(B) THE STATE MAY ACQUIRE BY LEASE, PURCHASE, OR
OTHERWISE, INCLUDING CONDEMNATION, FACILITIES AND SITES
FOR GROUP HOMES LOCATED IN THE COUNTY. THEY MAY ALSO
CONSTRUCT AND RENOVATE FACILITIES OR SITES ACQUIRED BY
THE STATE. HOWEVER, THE STATE MAY NOT EXERCISE THE
AUTHORITY GRANTED IN THIS SECTION UNLESS THE DIRECTOR,
WITH THE APPROVAL OF THE SECRETARY, HAS DETERMINED THAT:
(1) THERE IS A NEED IN THE COUNTY FOR THE
GROUP HOME;
(2) THE PROPOSED SITE AND GROUP HOME ARE
APPROPRIATE;
(3) THE GROUP HOME IS, OR UPON COMPLETION
WILL BE, IN COMPLIANCE WITH RULES AND REGULATIONS ADOPTED
PURSUANT TO SECTION 40 OF THIS SUBTITLE; AND
(4) THE GROUP HOME AND SITE ARE APPROVED BY
THE BOARD OF PUBLIC WORKS.
(5) THE LOCAL GOVERNMENT HAVING JURISDICTION
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