HARRY HUGHES, Governor

375

(I)  A PARENT OR GUARDIAN OF THE PERSON OF
A MENTALLY RETARDED INDIVIDUAL WHO IS:

1.  A MINOR; OR

2.  UNLESS THE MENTALLY RETARDED
INDIVIDUAL ASKS THAT DISCLOSURE TO THE PARENT OR GUARDIAN
NOT BE ALLOWED, AN ADULT;

(II)  A LAWYER OR OTHER INDIVIDUAL WHO IS
AUTHORIZED:

1.  BY THE MENTALLY RETARDED
INDIVIDUAL; OR

2.  BY ANOTHER INDIVIDUAL TO WHOM, ON
BEHALF OF THE MENTALLY RETARDED INDIVIDUAL, DISCLOSURE OF
THE RECORD IS AUTHORIZED; OR

(III)  TO THE EXECUTIVE DIRECTOR OR A
DESIGNEE OF THE EXECUTIVE DIRECTOR OF THE STATE DESIGNATED
PROTECTION AND ADVOCACY AGENCY, IF:

1.  THE AGENCY HAS RECEIVED A REQUEST
FOR AN INVESTIGATION; AND

2.  THERE IS NO OTHER PERSON TO WHOM,
ON BEHALF OF THE MENTALLY RETARDED INDIVIDUAL, THE RECORD
MAY BE DISCLOSED UNDER THIS PARAGRAPH.

(2)  A FACILITY SHALL COMPLY WITHIN 14 DAYS AFTER
A MENTALLY RETARDED INDIVIDUAL OR A PERSON WHO IS AUTHORIZED
TO ACT ON BEHALF OF THAT INDIVIDUAL ASKS, IN WRITING:

(I)  TO RECEIVE A COPY OF A RECORD; OR

(II)  TO SEE AND COPY THE RECORD DISCLOSED.

(3)  A FACILITY SHALL AFFORD THE RIGHTS UNDER
PARAGRAPH (2) OF THIS SUBSECTION TO THE MENTALLY RETARDED
INDIVIDUAL, IF:

(I)  A PERSON IS NOT AUTHORIZED TO ACT ON
BEHALF OF THE MENTALLY RETARDED INDIVIDUAL; AND

(II)  THE ADMINISTRATIVE HEAD OF THE
FACILITY DETERMINES THAT DISCLOSURE OF THE RECORD WOULD NOT
BE DETRIMENTAL TO THE MENTALLY RETARDED INDIVIDUAL.

(4)  IF A FACILITY REFUSES TO DISCLOSE A RECORD
UNDER PARAGRAPH (3) OF THIS SUBSECTION, THE ADMINISTRATIVE
HEAD OF THAT FACILITY SHALL APPLY, WITHIN 10 WORKING DAYS
AFTER THE REFUSAL, TO THE CIRCUIT COURT FOR THE COUNTY WHERE
THE FACILITY IS LOCATED FOR AN ORDER TO PERMIT THE
ADMINISTRATIVE HEAD TO CONTINUE TO REFUSE DISCLOSURE TO THE
MENTALLY RETARDED INDIVIDUAL.