HARRY HUGHES, Governor                                       2307

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

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

(2)  THE COURT SHALL ORDER THAT APPROPRIATE LESS
RESTRICTIVE SERVICES BE OFFERED TO AN INDIVIDUAL, IF THE TRIER OF
FACT DETERMINES THAT:

(I)  THE INDIVIDUAL HAS MENTAL RETARDATION;

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

(III)  THERE IS A LESS RESTRICTIVE SETTING IN
WHICH THE SERVICE CAN BE PROVIDED, AND WHICH FROM EVIDENCE
SUBMITTED BY THE DIRECTOR IS AVAILABLE OR WILL BE AVAILABLE TO
THE INDIVIDUAL WITHIN A REASONABLE TIME.

(3)  THE INDIVIDUAL SHALL BE RELEASED FROM THE STATE
RESIDENTIAL CENTER, IF THE TRIER OF FACT DETERMINES THAT:

(I)  THE INDIVIDUAL DOES NOT HAVE MENTAL
RETARDATION;

(II)  FOR ADEQUATE HABILITATION THE INDIVIDUAL
DOES NOT NEED RESIDENTIAL SERVICES; OR

(III)  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.

(H) ANY PARTY MAY APPEAL FROM A DECISION ON THE PETITION AS
IN ANY OTHER CIVIL CASE.

(I) APPROPRIATE RECORDS OF THE PROCEEDING UNDER THIS
SECTION SHALL BE MADE A PERMANENT PART OF THE INDIVIDUAL'S
RECORD.

(J) (1) AFTER A DETERMINATION ON THE MERITS OF A PETITION
UNDER THIS SECTION, A COURT MAY NOT HEAR A LATER PETITION FOR THE
INDIVIDUAL WITHIN 1 YEAR AFTER THAT DETERMINATION, UNLESS:

(I)  THE PETITION IS VERIFIED, AND ALLEGES AN
IMPROVEMENT IN THE CONDITION OF THE INDIVIDUAL WITH MENTAL
RETARDATION AFTER THE DETERMINATION; AND

(II)  THE COURT, AFTER REVIEW OF THE VERIFIED
PETITION, DETERMINES THAT THE MATTER SHOULD BE REOPENED.