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Session Laws, 1972
Volume 708, Page 967   View pdf image
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Marvin Mandel, Governor                         967

the request. The application shall be in writing and shall be in such
form as may be required by the Administration.

(b)    Upon receipt of the application, the Director or his designee
shall designate a comprehensive evaluation center for the purpose
of a comprehensive evaluation). The comprehensive evaluation shall
determine:

(1)    If the person is mentally retarded; and

(2)    If the condition is of such a nature that for the protection or
adequate care of himself or others, the person needs in-residence care
or treatment.

(c)    If the comprehensive evaluation finds that the answer to
either subsections (b)(1), (b)(2) herein, or both is in the negative,
the Director or his designee shall not approve the application for ad-
mission. If the comprehensive evaluation finds that the answer to
both (b)(1) and (b)(2) is in the affirmative, then the Director or
his designee shall approve the application for admission to the ap-
propriate facility.

(d)    If the comprehensive evaluation finds that the answer to sub-
section (b)(1) is in the affirmative and the answer to subsection
(b) (2) is in the negative, but that the person being evaluated needs
care in a program providing less than 24 hour care, the Director or
his designee shall recommend an appropriate program.

(e)    Every mentally retarded person admitted to a facility pur-
suant to this section shall, upon admission, be notified in writing of
the date, time and place of a hearing to be held regarding his admis-
sion status. The proponent of said admission shall be notified as soon
as possible, but no later than within five (5) days in writing of the
date, time and place of a hearing to be held regarding the admission
status. Such notice shall, in addition to the notification required in
Section 14 12 of this subtitle, set forth the name or names of the pro-
ponent of the person's admission and shall, in addition, notify the per-
son admitted of the right to consult legal counsel, the right to be rep-
resented by counsel, and the right to call witnesses and present evi-
dence at the scheduled hearing. The notice shall also advise of the
availability of legal services of the Legal Aid Bureaus, Lawyer Refer-
ral Services, and such other agencies as then may exist for the refer-
ral of persons in need of legal counsel.

(f)    Every person admitted pursuant to this section shall be
afforded a hearing within twenty-one (21) days of his admission to
a facility.

(g)    The provisions of this section shall apply to every mentally
retarded person admitted to a facility pursuant to Section 11 9 of this
article or any other provision of law, who shall become 21 years of
age subsequent to his admission.

(h) The Secretary of Health and Mental Hygiene shall be respon-
sible for promulgating rules and regulations to carry out the provi-
sions of this section.

11. Admission of persons to private facilities.

(a) Any person over the age of 21 years, the guardian of any per-
son over the age of 21 years on behalf of such person, or anyone else


 

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Session Laws, 1972
Volume 708, Page 967   View pdf image
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