HARRY HUGHES, Governor

355

2. NEEDS IN-RESIDENCE TREATMENT FOR
PROTECTION OF THE INDIVIDUAL OR ANOTHER OR FOR ADEQUATE CARE
OF THE INDIVIDUAL; AND

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

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59A, §§ 10(c) and (d) and 11(c).

Throughout this section, the specific findings
are substituted for references such as "the
answer to either subsections (b)(1), (b)(2)
herein, or both is in the negative," for clarity.
This substitution avoids the error in the former
phrases that "the answer to ... both is in the
negative", which would require a simultaneous
finding that an individual is not a mentally
retarded individual and is a mentally retarded
individual. See subsections (a)(1) and (b)(1) of
this section.

In subsection (a) of this section, the former
references to "the director's designee" are
deleted as unnecessary in light of § 7-204(c)(2)
of this title.

In subsection (a)(2)(ii) of this section, the
former reference to "care" is deleted as
unnecessary in light of the use of the defined
term "treatment".

In subsection (b)(2)(ii) of this section, the
defined term "treatment" is substituted for the
reference to "intervention", for clarity.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that subsection (b)(2) of this section does not
require a private facility to consider whether
the particular private facility is appropriate
for treatment of the individual.

As to the differences between the admission
determinations under subsections (a) and (b) of
this section, see the General Revisor's Note to
this subtitle.

Defined terms: "Admission" § 7-101
"Comprehensive evaluation" § 7-101
"Director" § 7-101
"Mentally retarded individual" § 7-101