HARRY HUGHES, Governor

2475

others], the person needs HABILITATION SERVICES SUCH AS
in-residence care or treatment; AND

(3) IF SERVICES ARE NEEDED, IN WHAT ENVIRONMENT
MUST SUCH SERVICES BE PROVIDED TO BE LEAST RESTRICTIVE OF
THE PERSON'S LIBERTY.

[(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 that there is no less
restrictive form of 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.]

[(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 soon as possible, but no
later than within five (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 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 Secretary of Health and Mental Hygiene
shall be responsible for promulgating rules and regulations
to carry out the provisions of this section.]
[(a) Any person over the age of 18, the guardian of
any person on behalf of that person, or anyone else having a
legitimate interest in the welfare of a person may apply to