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Session Laws, 1981
Volume 741, Page 2477   View pdf image
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HARRY HUGHES, Governor

2477

status. Such notice shall, in addition to the notification

required in § 12 of this article, set forth the name or
names of the proponent of the person's admission and shall,
in addition, notify the person admitted to 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 Bureau, Lawyer Referral Services, THE DESIGNATED

PROTECTION AND ADVOCACY SERVICE, and such other agencies as
then may exist for the referral of persons in need of legal
counsel.

[(e)] (D) Every person admitted pursuant to this
section shall be afforded a hearing within twenty-one (21)
days of his admission to a facility.

[(f)] (E) The Secretary of Health and Mental Hygiene
shall be responsible for promulgating rules and regulations
to carry out the provisions of this section.

19.

(D)  THE DIRECTOR SHALL PREPARE A PLAN FOR THE
PLACEMENT IN THE LEAST RESTRICTIVE SETTING OF THE RESIDENTS
OF EACH STATE FACILITY REFERRED TO IN SUBSECTIONS (A) AND
(B) OF THIS SECTION. THIS PLAN SHALL INCLUDE:

(1)  BY JULY 1, 1982, BASED ON AN INDIVIDUALIZED
PROGRAM PLAN FOR EACH RESIDENT, AN ASSESSMENT OF THE NUMBER
OF RESIDENTS WHO MAY FUNCTION APPROPRIATELY IN LESS
RESTRICTIVE FACILITIES;

(2)  BY JULY, 1983, AN ASSESSMENT OF THE NUMBER,
TYPE, AND LOCATION OF ALTERNATIVE FACILITIES NEEDED IN THE
COMMUNITY FOR THE HABILITATION OF ALL THESE RESIDENTS;

(3)  A DETAILED LISTING OF THE RESOURCES AND
PROCEDURES NECESSARY TO CREATE THESE ALTERNATIVE FACILITIES,
INCLUDING AN ANALYSIS OF THE FEASIBILITY OF TRANSFERRING
RESOURCES FROM STATE TO COMMUNITY FACILITIES;

(4)  BY JULY 1, 1984, A SEGMENT SUMMARIZING THE
INDIVIDUALIZED PROGRAM PLANS AND A PROPOSED SCHEDULE FOR THE
RELOCATION OF RESIDENTS FOR WHOM THE INDIVIDUALIZED PROGRAM
PLANS INDICATE A LESS RESTRICTIVE PLACEMENT IS APPROPRIATE;
AND

(5)  A SCHEME FOR THE CREATION, DEVELOPMENT, AND
MAINTENANCE OF MECHANICS TO MONITOR A SYSTEM OF COMMUNITY
SERVICES.

(E)  IN ORDER TO PROVIDE THE CAPACITY TO ACCOMPLISH
THE PROVISIONS OF THIS SECTION, THE MENTAL RETARDATION
ADMINISTRATION IS AUTHORIZED TO TRANSFER POSITIONS AND FUNDS
FROM FACILITIES SPECIFIED IN SUBSECTIONS (A) AND (B) TO THE
CENTRAL ADMINISTRATION OF THE MENTAL RETARDATION
ADMINISTRATION.

 

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Session Laws, 1981
Volume 741, Page 2477   View pdf image
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