HARRY HUGHES, Governor

3781

(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

2.  [Needs in-residence treatment for
protection of the individual or another or for adequate care
of the individual] NEEDS HABILITATION SERVICES FOR
PROTECTION OR ADEQUATE HABILITATION; and

(ii) There is no available, less
restrictive form of treatment that is consistent with the
welfare and safety of the individual.

(C) AN INDIVIDUAL SHALL BE PLACED IN THE APPROPRIATE
LEAST RESTRICTIVE FACILITY CONSISTENT WITH THE INDIVIDUAL'S
WELFARE, SAFETY, AND HABILITATION PLAN, IF THE INDIVIDUAL:

(1)  IS APPROVED FOR ADMISSION UNDER SUBSECTIONS
(A) AND OR (B) OF THIS SECTION; OR

(2)  HAS AN INDIVIDUALIZED PLAN OF HABILITATION
THAT REQUIRES PLACEMENT IN A LESS RESTRICTIVE SETTING UNDER
§ 7-605 OF THIS ARTICLE TITLE; OR

(3)  IS CONSIDERED ELIGIBLE FOR TRANSFER UNDER §
7-708 OF THIS ARTICLE TITLE BY THE DIRECTOR OR THE
DIRECTOR'S DESIGNEE.

(D) IF LESS RESTRICTIVE APPROPRIATE FACILITIES ARE NOT
AVAILABLE, THE DIRECTOR OR THE DIRECTOR'S DESIGNEE SHALL
CREATE APPROPRIATE FACILITIES WITHIN 120 DAYS OF:

(1) APPROVAL OF THE INDIVIDUAL'S ADMISSION; OR

(2) APPROVAL OR REEVALUATION OF THE INDIVIDUAL'S
PLAN OF HABILITATION; OR

(3) A DETERMINATION BY THE SECRETARY OR THE
DIRECTOR THAT A TRANSFER IS NEEDED.

(E) THE PROVISIONS OF THIS SECTION REQUIRING PLACEMENT
ARE SUBJECT TO THE FOLLOWING CONDITIONS:

(1) MENTALLY RETARDED INDIVIDUALS CERTIFIED

UNDER A COURT ORDER AS INAPPROPRIATELY PLACED IN FACILITIES
FOR THE MENTALLY ILL SHALL BE APPROPRIATELY PLACED IN
FACILITIES CONSISTENT WITH THEIR SERVICE NEEDS.