354

LAWS OF MARYLAND

Ch. 21

(II) IS A MENTALLY RETARDED INDIVIDUAL,
BUT DOES NOT NEED HABILITATION SERVICES FOR PROTECTION OR
ADEQUATE HABILITATION.

(2)  THE DIRECTOR SHALL APPROVE THE APPLICATION
FOR ADMISSION OF AN INDIVIDUAL TO AN APPROPRIATE STATE
FACILITY IF:

(I)  THE FINDINGS OF THE COMPREHENSIVE
EVALUATION ARE THAT THE INDIVIDUAL:

1.  IS A MENTALLY RETARDED
INDIVIDUAL; AND

2.  FOR PROTECTION OR ADEQUATE
HABILITATION, NEEDS HABILITATION SERVICES; AND

(II)  THERE IS NO AVAILABLE, LESS
RESTRICTIVE FORM OF TREATMENT THAT IS CONSISTENT WITH THE
WELFARE AND SAFETY OF THE INDIVIDUAL.

(3)  THE DIRECTOR SHALL RECOMMEND AN APPROPRIATE
PROGRAM IF THE FINDINGS OF THE COMPREHENSIVE EVALUATION ARE
THAT THE INDIVIDUAL:

(I)  IS A MENTALLY RETARDED INDIVIDUAL;

(II)  DOES NOT NEED HABILITATION SERVICES
FOR PROTECTION OR ADEQUATE HABILITATION; AND

(III)  DOES NEED CARE IN A PROGRAM THAT
PROVIDES LESS THAN 24-HOUR TREATMENT.

(B) DETERMINATIONS BY PRIVATE FACILITY.

(1)  A PRIVATE FACILITY MAY NOT APPROVE AN
APPLICATION FOR ADMISSION OF AN INDIVIDUAL IF THE FINDINGS
OF THE COMPREHENSIVE EVALUATION ARE THAT THE INDIVIDUAL:

(I)  IS NOT A MENTALLY RETARDED INDIVIDUAL;
OR

(II)  IS A MENTALLY RETARDED INDIVIDUAL,
BUT DOES NOT NEED IN-RESIDENCE TREATMENT FOR THE PROTECTION
OF THE INDIVIDUAL OR ANOTHER OR ADEQUATE CARE OF THE
INDIVIDUAL.

(2)  A PRIVATE FACILITY MAY APPROVE AN
APPLICATION FOR ADMISSION OF AN INDIVIDUAL IF:

(I) THE FINDINGS OF THE COMPREHENSIVE
EVALUATION ARE THAT THE INDIVIDUAL:

1. IS A MENTALLY RETARDED
INDIVIDUAL; AND