2304

LAWS OF MARYLAND

Ch. 637

(C) THE NOTICE. ALSO SHALL STATE:

(1)  THE NAME OF EACH PROPONENT OF THE ADMISSION;

(2)  THE RIGHT OF THE INDIVIDUAL WHO HAS BEEN

ADMITTED:

LAWYER; AND

(I) TO CONSULT WITH AND BE REPRESENTED BY A

(II) TO CALL WITNESSES AND OFFER EVIDENCE AT
THE HEARING ON ADMISSION;

(3)  THE AVAILABILITY OF THE SERVICES OF THE LEGAL AID
BUREAUS, LAWYER REFERRAL SERVICES, AND OTHER AGENCIES THAT EXIST
FOR THE REFERRAL OF INDIVIDUALS WHO NEED LEGAL COUNSEL;

(4)  THE RIGHTS OF INDIVIDUALS WITH DEVELOPMENTAL
DISABILITY UNDER SUBTITLE 10 AND § 7-1102 OF THIS TITLE; AND

(5)  THE RIGHTS OF INDIVIDUALS TO RELEASE UNDER §§
7-506, 7-507, AND 7-508 OF THIS TITLE.

(D)  THE DEPARTMENT SHALL PREPARE AND PROVIDE EACH STATE
RESIDENTIAL CENTER WITH STANDARD FORMS THAT SET FORTH, IN CLEAR
AND SIMPLE WORDS, THE NOTICE PROVISIONS OF THIS SECTION.

(E)  (1) AT THE HEARING, IN ORDER TO CERTIFY THE ADMISSION
OF THE INDIVIDUAL, IT MUST BE AFFIRMATIVELY SHOWN BY CLEAR AND
CONVINCING EVIDENCE THAT THE CONCLUSIONS LEADING TO THE DECISION
TO ADMIT THE INDIVIDUAL ARE SUPPORTED BY THE FOLLOWING FINDINGS:

(I)  THE INDIVIDUAL HAS MENTAL RETARDATION;

(II)  THE INDIVIDUAL NEEDS RESIDENTIAL SERVICES
FOR THE INDIVIDUAL'S ADEQUATE HABILITATION; AND

(III)  THERE IS NO 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 AFTER THE HEARING.

(2)  IF THE HEARING OFFICER SHALL FIND FROM THE
ADMISSIBLE EVIDENCE THAT THE CONCLUSIONS LEADING TO THE ADMISSION
ARE NOT PROVED, THE HEARING OFFICER SHALL SO CERTIFY AND THE
INDIVIDUAL SHALL BE RELEASED FROM THE STATE RESIDENTIAL CENTER.

(3)  IF THE HEARING OFFICER SHALL FIND FROM CLEAR AND
CONVINCING EVIDENCE THAT ALL OF THE ADMISSION REQUIREMENTS HAVE
BEEN PROVED, THE HEARING OFFICER SHALL SO CERTIFY AND THE
INDIVIDUAL'S ADMISSION SHALL BE CONSIDERED APPROVED.

(4)  IF THE HEARING OFFICER CERTIFIES THE ADMISSION OF
AN INDIVIDUAL TO A STATE RESIDENTIAL CENTER, THE HEARING OFFICER
SHALL, AT THE CONCLUSION OF THE HEARING, WRITE ON THE