352

LAWS OF MARYLAND

Ch. 21

SHALL ARRANGE FOR A COMPREHENSIVE EVALUATION OF THE
INDIVIDUAL:

(I)  TO DETERMINE WHETHER THE INDIVIDUAL IS
A MENTALLY RETARDED INDIVIDUAL; AND

(II)  IF SO, TO DETERMINE:

1.  WHETHER, FOR THE PROTECTION OR
ADEQUATE HABILITATION OF THE INDIVIDUAL, THE INDIVIDUAL
NEEDS ANY HABILITATION SERVICE, INCLUDING ANY IN-RESIDENCE
TREATMENT; AND

2.  THE TYPE OF ENVIRONMENT IN WHICH
ANY NEEDED SERVICE COULD BE PROVIDED WITH THE LEAST
RESTRICTION ON THE LIBERTY OF THE INDIVIDUAL.

(2) SUBJECT TO § 7-502(B) OF THIS SUBTITLE, WHEN
A PRIVATE FACILITY RECEIVES AN APPLICATION FOR ADMISSION OF
AN INDIVIDUAL, THE PRIVATE FACILITY SHALL ARRANGE WITH A
FACILITY THE ADMINISTRATION HAS DESIGNATED FOR THAT PURPOSE
FOR A COMPREHENSIVE EVALUATION OF THE INDIVIDUAL:

(I)  TO DETERMINE WHETHER THE INDIVIDUAL IS
A MENTALLY RETARDED INDIVIDUAL; AND

(II)  IF SO, TO DETERMINE WHETHER THE
INDIVIDUAL NEEDS IN-RESIDENCE TREATMENT FOR THE PROTECTION
OF THE INDIVIDUAL OR ANOTHER OR ADEQUATE CARE OF THE
INDIVIDUAL.

(B) EVALUATION CONSIDERATIONS.

IN DOING A COMPREHENSIVE EVALUATION OF AN INDIVIDUAL,
THE COMPREHENSIVE EVALUATION TEAM SHALL:

(1)  CONSIDER THE NEEDS OF:

(I)  THE INDIVIDUAL; AND

(II)  THE FAMILY UNIT OF THE INDIVIDUAL;
AND

(2)  RECOMMEND APPROPRIATE SERVICES IN THE LEAST
RESTRICTIVE SETTING.

REVISOR'S NOTE: Subsection (a)(1) of this section is
new language derived without substantive change
from former Article 59A, § 10(b).

Subsection (a)(2) of this section is new language
derived without substantive change from former
Article 59A, §§ 3(e) and 11(b). Although former
Article 59A, § 3(e) defined "comprehensive
evaluation center" for purposes of the entire