2318

LAWS OF MARYLAND

Ch. 805

DEPARTMENT OF HEALTH AND MENTAL HYGIENE.

1002.

(A) NOTWITHSTANDING THE PROVISIONS OF SECTION 37 OF
ARTICLE 59A OF THIS CODE, THE DIRECTOR OF THE DIVISION OF
PREVENTATIVE MEDICINE SECRETARY OF THE DEPARTMENT OF HEALTH
AND MENTAL HYGIENE SHALL EVALUATE AND DETERMINE THE NEED, IF
ANY, FOR ONE OR MORE GROUP HOMES FOR NONRETARDED
DEVELOPMENTALLY DISABLED PERSONS IN EACH COUNTY OR
MULTICOUNTY REGION OF THE STATE. THE COMPLETED NEEDS STUDY
SHALL BE A PUBLIC DOCUMENT, A COPY OF WHICH SHALL BE SENT TO
EACH COUNTY OR MULTICOUNTY REGION AS APPROPRIATE.

(B) IN DETERMINING THE NEED FOR GROUP HOMES FOR
NONRETARDED DEVELOPMENTALLY DISABLED PERSONS IN A COUNTY OR
MULTICOUNTY REGION, THE FOLLOWING FACTORS SHALL BE
CONSIDERED:

(1)    INDIVIDUALS PRESENTLY RESIDING
INAPPROPRIATELY IN LARGE STATE INSTITUTIONS WHO COULD BEST
BE SERVED IN THEIR COUNTY OF ORIGIN;

(2)    HISTORIC DATA; AND

(3)    REASONABLE PROJECTIONS.

(C) THE DIRECTOR SECRETARY SHALL CONSULT WITH THE
GOVERNING BODY OF THE COUNTY OR COUNTIES COMPRISING A
REGION, CONSUMER GROUPS, LOCAL AND STATE BOARDS OF
EDUCATION, STATE AND LOCAL REPRESENTATIVES OF THE DIVISION
OF VOCATIONAL REHABILITATION, THE STATE OFFICE FOR
COORDINATION OF SERVICES TO THE HANDICAPPED, THE STATE
DEVELOPMENTAL DISABILITIES COUNCIL, AND OTHER PUBLIC OR
PRIVATE AGENCIES IN PREPARING AN EVALUATION OF NEED.

1003.

THE DIRECTOR SECRETARY, IN COMPLIANCE WITH THE
ADMINISTRATIVE PROCEDURE ACT, SHALL ADOPT APPROPRIATE RULES
AND REGULATIONS FOR THE ESTABLISHMENT AND OPERATION OF GROUP
HOMES FOR NONRETARDED DEVELOPMENTALLY DISABLED PERSONS. ANY
RULES, REGULATIONS, PROCEDURES, OR POLICIES ESTABLISHED IN
ACCORDANCE WITH THIS SECTION OR OTHERWISE MAY NOT PROHIBIT,
OR RESULT IN THE PROHIBITION OF, THE ADMISSION OF A
NONRETARDED DEVELOPMENTALLY DISABLED PERSON TO A GROUP HOME
SOLELY BECAUSE THE PERSON IS PHYSICALLY HANDICAPPED AND
REQUIRES A WHEELCHAIR FOR MOBILITY.

1004.

(A) IF THE DIRECTOR SECRETARY DETERMINES AND
CERTIFIES THAT THERE IS A PRESENT NEED FOR ONE OR MORE GROUP
HOMES FOR NONRETARDED DEVELOPMENTALLY DISABLED PERSONS IN A
COUNTY OR MULTICOUNTY REGION, THE COUNTY OR COUNTIES IN THE
REGION, IN CONSULTATION WITH LOCAL CONSUMER GROUPS, SHALL
PURSUE PROMPTLY APPROPRIATE PROCEDURES TO SELECT A SUITABLE
SITE OR SUES FOR SUCH GROUP HOMES. THE DIRECTOR SECRETARY