968                               Laws of Maryland                       [Ch. 345

having a legitimate interest in the welfare of a person over the age
of 21 years, may apply to any private facility licensed by the Adminis-
tration for the admission of such person. The individual making the
application must, as a prerequisite to the admission, be able to under-
stand the nature of the request. The application to such private facil-
ity shall be in writing and in such form as may be required by the
Administration.

(b)     Upon receipt of the application, the facility shall arrange for
a comprehensive evaluation in a designated comprehensive evaluation
center. 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, he is in need of in-residence care
or treatment.

(c)    If the comprehensive evaluation finds that the answer to
either subsection (b)(1), (b)(2) herein, or both is in the negative,
the facility shall not approve the application for admission. If the
comprehensive evaluation finds that answer to both (b)(1) and
(b) (2) is in the affirmative, the facility may admit the mentally re-
tarded person.

(d)    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, writing of the
date, time and place of a hearing to be held regarding the admission
status. Such notices shall, in addition to the notification required in
Section 14 12 of this article, set forth the name or names of the propo-
nent of the person's admission and shall, in addition, notify the per-
son admitted to 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 Bureau, Lawyer Refer-
ral Services, and such other agencies as then may exist for the
referral of persons in need of legal counsel.

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

(f)    The provisions of this section shall apply to every men-
tally retarded person admitted to a private facility licensed by the
Administration, who shall become 21 years of age subsequent to his
admission.

(g)    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.

(h) Nothing in this subtitle shall be deemed to affect the admis-
sion of mentally retarded persons under 21 years of age to private
facilities under such terms and conditions as may be agreed upon by
the facility and the parents or guardian of such person, and subject
to such other provisions of law as may be applicable.