MARVIN MANDEL, Governor

3607

Section 10 and 12(b)

Annotated Code of Maryland

(1972 Replacement Volume and 1974 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Sections 10 and 12(b) of Article 59A -
Mental Retardation, of the Annotated Code of Maryland
(1972 Replacement Volume and 1974 Supplement) be and they
are hereby repealed and re—enacted, with amendments, to
read as follows:

Article 59A - Mental Retardation

10.

(a)   Any person over the age of 21 years, the
guardian of any person over the age of 21 years on behalf
of such person, or anyone else having a legitimate
interest in the welfare of a person over the age of 21
years, may apply to the Administration for admission of
that person to the appropriate public facility within the
jurisdiction of the Administration. The individual
making the application must, as a prerequisite to the
admission, be able to understand the nature of 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 admission. 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 appropriate facility.

(d)   If the comprehensive evaluation finds that the
answer to subsection (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