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MARVIN MANDEL, Governor 3113
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 approved the application
for admission to the appropriate facility [.], PROVIDED
THAT THERE IS NO LESS RESTRICTIVE FORM OF INTERVENTION
AVAILABLE WHICH IS CONSISTENT WITH THE PERSON'S WELFARE
AND SAFETY.
(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 evaluation 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 pursuant to this section shall, upon admission,
be notified in writing of the date, time and place of a
hearing to be held regarding his admission status. The
proponent of said admission shall be notified as seen as
possible, but no later than within (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 § 12 of this
subtitle, set forth the name or names of the proponent of
the person's admission and shall, in addition, notify the
person admitted of the right to consult legal counsel,
the right to be represented by counsel, and the right to
call witnesses and present evidence at the scheduled
hearing. The notice shall also advise of the
availability of legal services of the Legal Aid Bureaus,
Lawyer Referral Services, and such other agencies as then
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