388

LAWS OF MARYLAND

Ch. 21

(2) THE PARENT, SPOUSE, ADULT SIBLING, OR ADULT
OFFSPRING OF THE MENTALLY RETARDED INDIVIDUAL.

REVISOR'S NOTE: This section formerly appeared as
Article 59A, § 15.

In subsections (a) and (d) of this section, the
former references to the "designee" of the
Director are deleted as unnecessary in light of §
7-204(c)(2) of this title.

In subsection (d)(2) of this section, the term
"guardian of the person" is substituted for
"guardian" to conform to the terminology in the
Estates and Trusts Article.

The only other changes are in style.

Defined terms: "Administration" § 7-101
"Admission" § 7-101 "Private facility" § 7-101
"Director" § 7-101 "Public facility" § 7-101
"Facility" § 7-101 "State" § 1-101
"Mentally retarded "State facility" § 7-101
individual" § 7-101 "Treatment" § 7-101

7-708. SAME — TO MENTAL HYGIENE ADMINISTRATION.

(A)  "MENTAL HEALTH FACILITY" DEFINED.

IN THIS SECTION, "MENTAL HEALTH FACILITY" MEANS A
RESIDENTIAL PLACE FOR TREATMENT OF INDIVIDUALS WITH MENTAL
DISORDERS.

(B)  REQUEST FOR TRANSFER.

THE MENTAL RETARDATION ADMINISTRATION MAY ASK THE
MENTAL HYGIENE ADMINISTRATION TO ACCEPT AN INDIVIDUAL IN OR
ELIGIBLE FOR ADMISSION TO A MENTAL RETARDATION RESIDENTIAL
FACILITY, IF THE MENTAL RETARDATION ADMINISTRATION FINDS
THAT THE INDIVIDUAL WOULD BE PROVIDED FOR MORE APPROPRIATELY
IN A RESIDENTIAL FACILITY FOR INDIVIDUALS WITH MENTAL
DISORDERS.

(C)  DETERMINATION OF MENTAL HYGIENE ADMINISTRATION.

THE MENTAL HYGIENE ADMINISTRATION SHALL DETERMINE
WHETHER TRANSFER TO A MENTAL HEALTH FACILITY IS APPROPRIATE.

(D)  RESOLUTION OF CONFLICTS.

A DISPUTE OVER A TRANSFER OF AN INDIVIDUAL FROM THE
MENTAL RETARDATION ADMINISTRATION TO THE MENTAL HYGIENE
ADMINISTRATION SHALL BE RESOLVED, IN ACCORDANCE WITH
PROCEDURES THAT THE SECRETARY SETS, ON REQUEST OF: