2848

LAWS OF MARYLAND

Ch. 987

cooperation, contract, or direct operation, all necessary
FACILITIES AND services to [facilitate] ALLOW FOR the early
detection, accurate evaluation, proper referral, adequate
protection, and optimal CARE AND development of mentally
retarded persons in need of TREATMENT OR services, whether
in a residential program or a program providing less than 24
hour care.

(h) He shall promote effective planning for and
citizen support of TREATMENT AND programs related to the
mentally retarded.

10.

(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, [Provided] PROVIDED that there is
no less restrictive form of [intervention] CARE AND
TREATMENT 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 evaluated needs care in a program providing
less than 24-hour care OR TREATMENT, the director or his
designee shall recommend an appropriate program.

15.

(e)    A mentally retarded person may not be transported
to or from any State OPERATED residential facility unless
accompanied by a person of the same sex authorized by the
facility, or unless accompanied by his or her parent,
spouse, adult sibling, or adult offspring.

19.

(c) At least 2 percent, but not to exceed 4 percent
of the total beds in all public facilities, EXCEPT PUBLIC
GROUP HOMES, under the jurisdiction of the Administration
shall be reserved, in accordance with rules and regulations
promulgated by the Department of Health and Mental Hygiene,
for respite care. However, a person who is a resident of a
facility on July 1, 1977 may not be displaced in order to
implement this subsection, but instead, this subsection
shall be implemented through attrition as vacancies arise in
existing beds. For purposes of this subsection, respite
care, means care for a period up to 28 consecutive days
within any 12-month period, made available for a mentally
retarded person in a public facility maintained by the
Administration, in order to provide relief for parents or
guardians with whom the retarded person ordinarily lives.