HARRY HUGHES, Governor

2305

CERTIFICATION FORM ANY ADDITIONAL SERVICES OF HABILITATION THAT
ARE NOT INCLUDED IN THE EVALUATION REPORT, BUT THAT THE HEARING
OFFICER FINDS FROM THE EVIDENCE ARE NEEDED BY THE INDIVIDUAL.

(5) 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, ADVISE THAT INDIVIDUAL
AND THE LEGAL COUNSEL OF THE INDIVIDUAL'S RIGHT TO SEEK JUDICIAL
RELEASE FROM THE STATE RESIDENTIAL CENTER UNDER § 7-507 OF THIS
SUBTITLE. THE HEARING OFFICER SHALL ALSO ADVISE THAT INDIVIDUAL
AND THE LEGAL COUNSEL OF:

(I)  THE INDIVIDUAL'S RIGHTS UNDER THE APPEAL
PROVISIONS OF §§ 10-215 AND 10-216 OF THE STATE GOVERNMENT
ARTICLE; AND

(II)  THE INDIVIDUAL'S RIGHT TO FILE A PETITION
FOR HABEAS CORPUS UNDER § 7-506 OF THIS SUBTITLE.

7-504.

(A)  THE BOARD OF REVIEW OF THE DEPARTMENT DOES NOT HAVE
JURISDICTION TO REVIEW THE DETERMINATION OF A HEARING OFFICER ON
AN ADMISSION UNDER THIS SUBTITLE.

(B)  THE DETERMINATION OF THE HEARING OFFICER IS A FINAL
DECISION OF THE DEPARTMENT FOR THE PURPOSE OF JUDICIAL REVIEW OF
FINAL DECISIONS UNDER TITLE 10, SUBTITLE 2 OF THE STATE
GOVERNMENT ARTICLE.

7-505.

(A)  AT LEAST ONCE A YEAR, EACH INDIVIDUAL WITH MENTAL
RETARDATION WHO IS ADMITTED TO A STATE RESIDENTIAL CENTER SHALL
BE REEVALUATED TO DETERMINE:

(1)  WHETHER THE INDIVIDUAL CONTINUES TO MEET THE
REQUIREMENTS OF THIS SUBTITLE FOR ADMISSION TO A STATE
RESIDENTIAL CENTER;

(2)  WHETHER THE SERVICES WHICH THE INDIVIDUAL
REQUIRES CAN BE PROVIDED IN A LESS RESTRICTIVE SETTING;

(3)  WHETHER THE INDIVIDUAL'S PLAN OF HABILITATION AS
REQUIRED BY § 7-1006 OF THIS TITLE IS ADEQUATE AND SUITABLE; AND

(4)  WHETHER THE STATE RESIDENTIAL CENTER HAS COMPLIED
WITH AND EXECUTED THE INDIVIDUAL'S PLAN OF HABILITATION IN
ACCORDANCE WITH THE RULES, REGULATIONS, AND STANDARDS THAT THE
SECRETARY ADOPTS.

(B)  IF THE SECRETARY FINDS THAT ANY INDIVIDUAL NO LONGER
MEETS THE ADMISSION REQUIREMENTS OF THIS SUBTITLE, THE SECRETARY
SHALL BEGIN APPROPRIATE PROCEEDINGS FOR RELEASE OR TRANSFER OF
THAT INDIVIDUAL.