Chapter 158
2013 -- S 0680 SUBSTITUTE A
Enacted 07/11/13
A N A C T
RELATING TO
BEHAVIORAL HEALTHCARE, DEVELOPMENTAL DISABILITIES AND HOSPITALS
Introduced By: Senators McCaffrey, and Lynch
Date Introduced: March 06, 2013
It is enacted by the
General Assembly as follows:
SECTION 1. Sections 40.1-1-10 and 40.1-1-10.1 of the General
Laws in Chapter 40.1-1
entitled "Department of Behavioral Healthcare,
Developmental Disabilities and Hospitals" is
hereby amended to read as follows:
40.1-1-10.
Parent deinstitutionalization subsidy aid program. --
(a) There is hereby
established with the department of mental health, retardation,
and hospitals a parent
deinstitutionalization subsidy aid program. The program is founded for the
express purpose of
providing financial assistance or subsidy aid to the qualified
parent applicant , or if the parent is
not able to care for the person then an appropriate
relative, as defined in this chapter,
who is
found and certified to be qualified by the director of
mental health, retardation, and hospitals to
receive and take into his or her care, custody, and control a
person under the legal authority and
control of the director of mental health, retardation, and
hospitals who is and has been a resident
or patient of the Dr. Joseph H. Ladd Center, the Dr.
U.E. Zambarano Memorial Hospital, at the
institute of mental health or the general hospital, or a
resident in an out-of-state institution, who
would have been eligible for placement in the Dr. Joseph H.
Ladd Center, Dr. U.E. Zambarano
less than ninety (90) days, or would be a resident or
patient of one of the facilities listed in this
section for a period of ninety (90) days or more if a
specialized community program were not
developed to meet the person's particular and/or unique needs
and meets the eligibility criteria
contained in section 40.1-21-4.3.
(b) The general assembly
hereby finds that such a parent deinstitutionalization program
would promote the general welfare of the citizens of the
state and further the purpose of providing
deinstitutionalization care, treatment, and training for the
institutionalized person and subsidy aid
to the qualified parent applicant or an appropriate
relative of the institutionalized person. It is
further found that the program is established for the purpose
of providing subsidy aid to assist and
make available non-institutional care, support, and
training when it is found to be in the best
interests of the health and welfare of the institutionalized
person and where that placement may
be made and certified by the director of mental health,
retardation, and hospitals to the qualified
parent applicant.
(c) The director of
mental health, retardation, and hospitals is hereby vested with the
authority to promulgate such rules and regulations as are
deemed necessary and in the public
interest to establish and place into operation the parent
deinstitutionalization program and
authorize the payment of subsidy aid to the qualified parent
applicant or an appropriate relative
who receives into his or her care, custody, and control a
person under the legal authority and
control of the director of mental health, retardation and
hospitals who is or has been a resident or
patient of the Dr. Joseph H. Ladd Center, the Dr. U.E. Zambarano Memorial Hospital, at the
institute of mental health or the general hospital or a
resident or patient in an out-of-state
institution who would have been eligible for placement in the Dr.
Joseph H. Ladd Center, Dr.
(d) Rules and
regulations promulgated pursuant to subsection (c) shall include, but not
be limited to, the following areas of concern:
(1) The establishment of
eligibility and other requirements for the qualification and
certification of the parent applicant applying for subsidy aid
under this chapter;
(2) The establishment of
eligibility and other requirements for the qualification and
certification of a person to be removed and placed from the Dr.
Joseph H. Ladd Center or Dr.
under this program as set forth in this chapter or a
resident or patient in an out-of-state institution
under this program as set forth in this chapter;
(3) The establishment of
such other eligibility, certification, and qualification standards
and guidelines for the person or the parent applicant or
an appropriate relative to which the
program applies as may be deemed reasonable and in the public
interest;
(4) The establishment of
such licensing, regulating, inspection, monitoring, investigation,
and evaluation standards and requirements for the
placement, care, support, custody, and training
of the person as are deemed reasonable and in the public
interest under this chapter;
(5) The periodic
inspection, review, and evaluation of the care, support, and treatment
afforded the person placed in the home of the qualified parent
applicant or an appropriate relative
under this program and the making and implementation of
such recommendations as are deemed
necessary for the continued health, safety, and welfare of the
person in accordance with the
provisions of this chapter;
(6) The establishment
and implementation of such other standards, safeguards, and
protections as are deemed necessary and in the public interest to
protect the health, safety, and
welfare of the person placed under the program or in
determining and certifying initial and/or
continuing eligibility requirements as the director of the
department of mental health, retardation,
and hospitals shall in his or her discretion deem to be
necessary and appropriate including
specifically the authority to recall and return the child or adult
to the custody and control of the
state and the director of mental health, retardation, and
hospitals into any such care or placement
program as the director may in his or her discretion order
and direct, including therein summary
removal from the custody of the qualified parent applicant or
an appropriate relative and return to
the state institution or out-of-state institution.
(e) For the purpose of
this chapter the words "qualified parent applicant" shall mean any
natural parent, adoptive parent, or foster parent or both
natural parents jointly, both adoptive
parents jointly, or a court appointed guardian or both foster
parents jointly, or as defined by rules
or regulations established by the department of mental
health, retardation, and hospitals who may
apply for inclusion in the mental health, retardation, and
hospitals deinstitutionalization subsidy
aid program as set forth in this chapter. For the
situation where the natural or adoptive parents are
divorced or separated, or where one of the parents is
deceased, the words "parent" or "parent
applicant" shall mean the parent legally having or giving
custody to the person who may apply
for inclusion in mental health, retardation, and
hospitals deinstitutionalization subsidy aid
program as set forth in this chapter.
(f) (1) For the
purpose of this chapter, the words “appropriate relative” shall mean an
interested and approved relative of the adult.
(2) For the
purpose of this chapter the words "subsidy aid" shall mean payment or
continued payment to a parent applicant pursuant to the rules
and regulations established by the
director of mental health, retardation, and hospitals for
deinstitutionalization subsidy aid program
as set forth in this chapter.
(g) Alternatives to
Institutional Care
The department of
behavioral healthcare, developmental disabilities and hospitals is
hereby directed to develop options, fiscal impact analysis,
and recommendations for the
expansion of shared living services to siblings of individuals
with developmental disabilities who
are no longer able to be cared for at home by aging
parents. The department shall submit these
recommendations to the governor, and to the general assembly by
December 31, 2013.
40.1-1-10.1.
Subsidy aid for parent deinstitutionalization program. --
(a) Every
qualified parent applicant or an appropriate relative of
a person at the Dr. Joseph H. Ladd Center,
Dr. U.E. Zambarano Memorial
Hospital, the institute of mental health, or the general hospital
(RIMC) or at an out-of-state institution who would
have been eligible for placement in the Dr.
the general hospital (RIMC), found eligible and certified
as such by the director of mental health,
retardation, and hospitals pursuant to this chapter and the rules
and regulations established
thereunder, shall be eligible to receive subsidy aid within the
bounds set forth in this chapter and
pursuant to such rules and regulations as are promulgated by
the director of mental health,
retardation, and hospitals and under such eligibility, income,
health, safety, and other program
requirements as may be deemed appropriate and necessary to protect
the health, safety, and
welfare of the child or adult and the interest of the state
in the maintenance and operation of the
deinstitutionalization program.
(b) A qualified parent
applicant or an appropriate relative who is the natural or adoptive
parent and certified as eligible for subsidy aid under the
deinstitutionalization program shall
receive an amount of not less than twenty-five dollars
($25.00) and not more than sixty dollars
($60.00) for the basic care of each child or adult for
a seven (7) day or weekly period, and an
amount of not less than five dollars ($5.00) and not more
than fifteen dollars ($15.00) for the
training of each child or adult for the same period.
(c) A qualified parent
applicant who is a foster parent or an appropriate relative and
certified as eligible for subsidy aid under the
deinstitutionalization program shall receive an
amount of not less than five dollars ($5.00) and not more
than fifteen dollars ($15.00) for training
of each child or adult and an amount of not less than
twenty-five dollars ($25.00) and not more
than sixty dollars ($60.00) for basic care and treatment
for a seven (7) day or weekly period.
These amounts designated for foster parents shall be
in addition to the basic payments to foster
parents from the department of social and rehabilitative
services for foster home placement.
(d) The subsidy payments
as provided by this section shall be paid from such
institutional or special accounts as may be under the control and
direction of the director of
mental health, retardation, and hospitals and earmarked for
the placement and continuing support
of an institutionalized person with a qualified parent or
an appropriate relative application as set
forth in this chapter.
SECTION 2. This act shall take effect upon passage.
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LC01798/SUB A
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