HARRY HUGHES, Governor                                  3779

(a) (1) Subject to § 7-502(b) of this subtitle, within
60 days after the administration receives an application for
admission of an individual, the Director 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] WITHIN 60 DAYS AFTER THE 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]:

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

2.   THE LEAST RESTRICTIVE ENVIRONMENT
IN WHICH ANY NEEDED SERVICE COULD BE PROVIDED TO THE
INDIVIDUAL.

(b) 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.