BLAIR LEE III, Acting Governor

2847

3.

As used in this article, the following terms shall have
the meanings indicated unless a contrary meaning is clearly
intended from the context in which the term appears:

[(h)] (J) "Facility" means any place providing a
clinic, hospital, day, residential, or other programs,
INCLUDING HOUSING, public or private, other than a Veterans'
Administration Hospital, which purports to or does provide
treatment for mentally retarded persons.

[(r)] (K) "Group home" means a [community based
residential and respite case facility which admits at least
four but no more than eight mentally retarded persons,
maintains the necessary facilities for their care or
treatment and provides a home type environment to persons
who, because of mental retardation, require specialized
living arrangements.] RESIDENTIAL TYPE FACILITY WHICH ADMITS
AT LEAST FOUR, BUT NOT MORE THAN EIGHT, MENTALLY RETARDED
PERSONS REQUIRING SPECIALIZED LIVING ARRANGEMENTS, AND
PROVIDES FOR THEM A HOME UNDER THE CARE AND SUPERVISION OF
RESPONSIBLE ADULT PERSONS. IF A PUBLIC FACILITY, THE GROUP
HOME IS CALLED A "PUBLIC GROUP HOME". IF A PRIVATE
FACILITY, THE GROUP HOME IS CALLED A "PRIVATE GROUP HOME".

(Q) "PRIVATE FACILITY" MEANS ANY FACILITY, EXCEPT A
PUBLIC ONE, WHETHER OR NOT THE ACQUISITION, CONSTRUCTION,
IMPROVEMENT, REHABILITATION, MAINTENANCE, OR OPERATION IS
FINANCED IN WHOLE OR IN PART WITH PUBLIC FUNDS.

(R) "PUBLIC FACILITY" MEANS ANY FACILITY OWNED BY OR
LEASED TO THE STATE OR ANY POLITICAL SUBDIVISION THEREOF,
WHETHER OR NOT OPERATED AND MAINTAINED BY A PRIVATE,
NONPROFIT FIRM, ASSOCIATION, CORPORATION, OR OTHER
ORGANIZATION.

[(p)] (v) "Treatment" means any process by which
education, training, professional care or attention, OR
OTHER PROGRAMS, is given to any person in a facility or any
other place, INCLUDING CARE, SUSTENANCE, AND SUPERVISION OF
A MENTALLY RETARDED PERSON IN A GROUP HOME.

5.

The Administration is charged with overall
responsibility for the programs for the mentally retarded,
AND FOR THE PROPER ADMINISTRATION OF ALL PUBLIC FACILITIES,
and shall have licensing power over all private facilities
which purport to or do provide treatment for mentally
retarded persons.

8.

The director shall have the following powers and
duties:

(d) He shall provide or encourage, by consultation,