HARRY HUGHES, Governor

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(2) A RULE, REGULATION, PROCEDURE, OR POLICY
THAT IS ADOPTED UNDER THIS SECTION OR OTHERWISE MAY NOT
PROHIBIT, OR RESULT IN THE PROHIBITION OF, THE ADMISSION OF
A NONRETARDED DEVELOPMENTALLY DISABLED INDIVIDUAL TO A GROUP
HOME SOLELY BECAUSE THE INDIVIDUAL IS PHYSICALLY HANDICAPPED
AND NEEDS A WHEELCHAIR FOR MOBILITY.

7-2A-06.

(A)  NOTWITHSTANDING § 7-2A-01 OF THIS SUBTITLE, THE
SECRETARY SHALL:

(1)  DETERMINE THE NEED, IF ANY, FOR ONE OR MORE
GROUP HOMES FOR NONRETARDED DEVELOPMENTALLY DISABLED
INDIVIDUALS IN EACH. COUNTY OR MULTICOUNTY REGION OF THIS
STATE; AND

(2)  PREPARE A NEEDS STUDY.

(B) (1) IN MAKING THE DETERMINATION, THE SECRETARY
SHALL CONSIDER:

(I.) THE NUMBER OF INDIVIDUALS WHO
INAPPROPRIATELY LIVE IN LARGE STATE FACILITIES BUT COULD BE
SERVED BEST IN THE COMMUNITY;

(II)  HISTORIC INFORMATION; AND

(III)  REASONABLE PROJECTIONS.

(2) IN MAKING THE DETERMINATION, THE SECRETARY
SHALL CONSULT WITH THE FOLLOWING:

(I)  THE GOVERNING BODY OF EACH COUNTY.

(II)  THE STATE BOARD OF EDUCATION.

(III)  THE STATE OFFICE FOR COORDINATION OF
SERVICES TO THE HANDICAPPED.

(IV)  THE STATE DEVELOPMENTAL DISABILITIES
COUNCIL.

(V)  COUNTY BOARDS OF EDUCATION.

(VI)  STATE AND LOCAL REPRESENTATIVES OF
THE DIVISION OF VOCATIONAL REHABILITATION.

(VII)  CONSUMER GROUPS.

(VIII)  OTHER PUBLIC AND PRIVATE AGENCIES.

(C)  THE COMPLETED NEEDS STUDY SHALL BE A PUBLIC
DOCUMENT, AND A COPY SHALL BE SENT TO EACH COUNTY.