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LAWS OF MARYLAND

Ch. 21

For example, former Article 59A, § 10(b) required the
Director to provide for a comprehensive evaluation within 60
days of receipt of an application, while former Article 59A,
§ 11(b) did not have any time constraint for doing the
comprehensive evaluation. Former Article 59A, § 11,
however, required that the evaluation be done at a
designated facility.

Similarly, under former Article 59A, § 10(b), the
comprehensive evaluation team considered whether a mentally
retarded individual needs habilitation services and, if so,
determined the least restrictive environment in which the
service can be provided. Under former Article 59A, § 11(b),
the comprehensive evaluation team considered only whether
in-residence treatment is necessary.

Finally, the standards for admission determinations
under former Article 59A, § 10(c) and (d) prohibited
admissions of mentally retarded individuals who do not need
habilitation services, required admission of individuals for
whom a less restrictive form of treatment does not exist,
and required recommendations for individuals who need
nonresidential care. Former Article 59A, § 11(c) prohibited
admissions of mentally retarded individuals who do not need
in-residence care and authorized admission for those who do.

In light of these substantive differences between the
admission procedures in former Article 59A, §§ 10 and 11,
the phrase in former Article 59A, § 10(a), "facility within
the jurisdiction of the Administration", is construed
narrowly in this subtitle and revised to mean only a State
facility.

The Commission also notes that, even before enactment
of Ch. 632, Acts of 1981, former Article 59A, §§ 10 and 11
did not account for admissions to public facilities that
were not within the jurisdiction of the Administration —
e.g., a county or municipal facility. As revised, this
subtitle does not account for those admissions. The General
Assembly may wish to adopt a unified procedure for
admissions to any facility, whether public or private. If,
however, the General Assembly keeps the separate procedures
now set forth in this subtitle, the General Assembly may
wish to provide procedures for admission to a residential
county or municipal facility.

SUBTITLE 6. RIGHTS OF INDIVIDUALS IN FACILITIES.

PART I. FUNDAMENTAL RIGHTS.

7-601. STATEMENT OF RIGHTS.

(A) POLICY.