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Session Laws, 1972
Volume 708, Page 969   View pdf image
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Marvin Mandel, Governor                         969

12.    Notification of Admission Status and Rights

(a)    Every mentally retarded person admitted pursuant to this
subtitle shall upon admission, and the proponent or proponents of an
admission pursuant to this subtitle, shall within 5 days, be notified
in writing of the following:

(1)    The admission status of the mentally retarded person;

(2)    The provisions of law pertaining to the admission;

(3)    The right of the mentally retarded person to consult with
an attorney of his choice;

(If) The availability of the services of the Legal Aid Bureaus,
Lawyer Referral Services, and such other agencies as may then exist
for the referral of persons in need of legal counsel, if the mentally
retarded person does not have his own attorney.

(5) The provisions pertaining to his rights under the subtitle
"Mentally Retarded Person's Rights" of this article.

(b)    No mentally retarded person admitted pursuant to Sections
11 and 13 9 AND 11 of this subtitle may be retained for more than
three (3) days after the person who applied for his admission re-
quests his release.

(c)    At least once a year, every mentally retarded person admit-
ted to a facility pursuant to this subtitle shall be re-evaluated accord-
ing to regulations and standards promulgated by the Administration.

(d)    The Administration shall prepare a standard form, which
shall include the substance of all of the provisions of this section, in
clear and simple terms, and supply the forms to each facility. Upon
admission, the form shall be provided to the mentally retarded per-
son and the proponent or proponents of his admission.

13.    Habaeas HABEAS Corpus

(a)    At any time, any person admitted to any facility or Veterans'
Administration Hospital, or anyone on his behalf, may apply to any
appropriate court for a writ of habeas corpus. Such proceeding shall
be available to determine the cause and the legality of his admission
and continued retention.

(b)    A writ of habeas corpus may also be applied for in the name
of the Administration to determine whether any mentally retarded
person has been properly admitted or properly retained by any facil-
ity. Application shall be made by the Director or his authorized rep-
resentative and shall be filed by the Attorney General on behalf of
the Administration in the jurisdiction in which the facility is lo-
cated.

14. Judicial Release

(a) Any mentally retarded person may, at any time, subject to
the limitations specified in this section, file a petition in the equity
court of the county or Baltimore City in which he resides or resided
at the time of his admission, or in which he is confined, for the pur-
pose of securing his release. Any person having a legitimate interest


 

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Session Laws, 1972
Volume 708, Page 969   View pdf image
 Jump to  
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