HARRY HUGHES, Governor                                      2303

(I)  HAS MENTAL RETARDATION; AND

(II)  FOR ADEQUATE HABILITATION, NEEDS
RESIDENTIAL SERVICES; AND

(2) THERE IS NO LESS RESTRICTIVE SETTING IN WHICH THE
NEEDED SERVICES CAN BE PROVIDED AND THAT IS AVAILABLE TO THE
INDIVIDUAL OR WILL BE AVAILABLE TO THE INDIVIDUAL WITHIN A
REASONABLE TIME.

(B)  THE SECRETARY MAY NOT APPROVE THE ADMISSION OF AN
INDIVIDUAL TO A STATE RESIDENTIAL CENTER IF:

(1)  THE FINDINGS OF THE EVALUATION ARE THAT THE
INDIVIDUAL:

(I)  DOES NOT HAVE MENTAL RETARDATION; OR

(II)  HAS MENTAL RETARDATION BUT DOES NOT NEED
RESIDENTIAL SERVICES FOR ADEQUATE HABILITATION; OR

(2)  THERE IS A LESS RESTRICTIVE SETTING IN WHICH THE
NEEDED SERVICES CAN BE PROVIDED THAT IS AVAILABLE TO THE
INDIVIDUAL OR WILL BE AVAILABLE TO THE INDIVIDUAL WITHIN A
REASONABLE TIME.

(C)  THE SECRETARY SHALL    PROVIDE AN INDIVIDUAL WITH THE
APPROPRIATE LEAST RESTRICTIVE    SERVICE CONSISTENT WITH THE
INDIVIDUAL'S WELFARE, SAFETY,     AND PLAN OF HABILITATION, IF THE
INDIVIDUAL:

(1)  HAS AN APPLICATION FOR SERVICES THAT HAS BEEN
APPROVED UNDER § 7-404(C) OF THIS TITLE; OR

(2)  IS CONSIDERED ELIGIBLE FOR TRANSFER UNDER
SUBTITLE 8 OF THIS TITLE BY THE DIRECTOR OR THE DIRECTOR'S
DESIGNEE.

7-503.

(A)  WITHIN 21 DAYS AFTER THE ADMISSION OF AN INDIVIDUAL TO
A STATE RESIDENTIAL CENTER, A HEARING OFFICER OF THE DEPARTMENT
SHALL HOLD A HEARING ON THE ADMISSION IN ACCORDANCE WITH THE
RULES AND REGULATIONS THAT THE SECRETARY ADOPTS.

(B)  WRITTEN NOTICE OF THE ADMISSION OF AN INDIVIDUAL AND OF
THE DATE, TIME, AND PLACE OF THE INDIVIDUAL'S HEARING ON
ADMISSION SHALL BE GIVEN:

(1)  ON ADMISSION, TO THE INDIVIDUAL; AND

(2)  AS SOON AS POSSIBLE, BUT NOT LATER THAN 5 DAYS
AFTER THE ADMISSION, TO LEGAL COUNSEL FOR THE INDIVIDUAL AND TO
THE PROPONENT OF ADMISSION.