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Ch. 768
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3114
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LAWS OF MARYLAND
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may exist for the referral of persons in need of legal
counsel.
(f) Every person admitted pursuant to this section
shall be afforded a hearing within 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 § 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 responsible for promulgating rules and
regulations to carry out the provisions of this section.
11.
(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 any private facility licensed by the
Administration for the admission of such person. The
individual making the application must, as a prerequisite
to the admission, be able to understand the nature of the
request. The application to such private facility 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 retarded person[.], PROVIDED THAT THERE IS NO
LESS RESTRICTIVE FORM OF INTERVENTION AVAILABLE WHICH IS
CONSISTENT WITH THE PERSON'S WELFARE AND SAFETY.
(d) 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 §§ soon as
possible, but no later than within five (5) days, writing
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