SECTION 1. Sections 40.1-21-1 thru 40.1-21-17 of the General Laws in Chapter 40.1-21 entitled "Division of Developmental Disabilities" are hereby amended to read as follows:

{ADD 40.1-21-1. Mental retardation and developmental disabilities services. -- ADD} The department of mental health, retardation, and hospitals shall be required to plan, develop, coordinate, and administer a complete, comprehensive and integrated statewide program for {DEL mentally retarded DEL} developmentally disabled {DEL and non-retarded developmentally disabled DEL} adults.

{ADD 40.1-21-2. Division of developmental disabilities. -- ADD} There shall be established a division of developmental disabilities within the department of mental health, retardation, and hospitals to carry out the intent and purposes of this chapter. {ADD There shall be an Executive Director of the division of developmental disabilities within the department who shall serve as the chief executive of the division. ADD}

{ADD 40.1-21-2.1. Change of former name. -- ADD} Whenever in any existing law, regulation, or document, reference is made to the "Division of Retardation and Developmental Disabilities," the term "Division of Developmental Disabilities" shall be used in lieu thereof.

{DEL 40.1-21-3. Control and maintenance of Doctor Joseph H. Ladd Center. -- DEL} {DEL The maintenance, management and control of the Doctor Joseph H. Ladd Center in the town of Exeter shall be vested in the division of developmental disabilities within the department of mental health, retardation, and hospitals. DEL}

{DEL 40.1-21-3.1. Change of former name. -- DEL} {DEL Whenever in any existing law reference is made to Doctor Joseph H. Ladd School, the term "Doctor Joseph H. Ladd Center" shall be used in lieu thereof. DEL}

{DEL 40.1-21-3.2. Continuation of powers of department. -- DEL} {DEL The change in name shall in no way affect the powers and duties of the director of the department of mental health, retardation, and hospitals as defined in chapter 12.1 of title 42. DEL}

{ADD 40.1-21-4. Powers and duties of director of mental health, retardation and hospitals. -- ADD} The director of mental health, retardation, and hospitals shall be responsible for planning and developing a complete, comprehensive, and integrated statewide program for the {DEL mentally retarded and DEL} developmentally disabled {DEL and nonretarded developmentally disabled; DEL} for the implementation of the program; and for the coordination of the efforts of the department of mental health, retardation, and hospitals with those of other state departments and agencies, municipal governments as well as the federal government and private agencies concerned with and providing services for the {DEL mentally retarded and developmentally disabled and the nonretarded DEL} developmentally disabled. The director shall be responsible for the administration and operation of {DEL the Doctor Joseph H. Ladd Center and DEL} all state-operated community and residential facilities established for the diagnosis, care,and training of the {DEL mentally retarded. DEL} {ADD developmentally disabled. ADD} The director shall be responsible for establishing standards in conformance with generally accepted professional thought and for providing technical assistance to all state supported {ADD and licensed habilitative, developmental, residential ADD} {DEL diagnostic facilities, day-care centers, rehabilitation centers, boarding homes, DEL} and other facilities for the {DEL mentally retarded developmentally disabled and the nonretarded DEL} developmentally disabled, and exercise the requisite surveillance and inspection to insure compliance with standards. Provided, however, that none of the foregoing shall be applicable to any of the facilities wholly within the control of any other department of state government. The director of mental health, retardation, and hospitals shall stimulate research by public and private agencies, institutions of higher learning, and hospitals, in the interest of the elimination and amelioration of {DEL retardation and DEL} developmental disabilities, and care and training of the {DEL mentally retarded developmentally disabled and the nonretarded DEL} developmentally disabled. The director shall be responsible for the development of criteria as to the eligibility for admittance of any {DEL retarded, developmentally disabled, and nonretarded DEL} developmentally disabled person for residential care in {ADD any department supported and licensed residential facility or agency. ADD} {DEL the Doctor Joseph H. Ladd Center. DEL} The director of mental health, retardation, and hospitals {DEL and the director of social and rehabilitative services DEL} may transfer retarded persons from one state {DEL institution DEL} {ADD residential facility ADD} to another when {DEL both DEL} deem {ADD ed ADD} {DEL it DEL} necessary or desirable for their better care and welfare. The director of mental health, retardation, and hospitals shall make grants-in-aid {ADD and otherwise provide financial assistance ADD} to the various communities and private non-profit agencies in amounts which will enable all {DEL mentally retarded DEL} developmentally disabled {ADD adults ADD} {DEL persons twenty-one (21) years of age and older DEL} to receive developmental and other services appropriate to their individual needs. The director shall coordinate all planning for the construction of facilities for the {DEL mentally retarded developmentally disabled and the nonretarded DEL} developmentally disabled, and the expenditure of funds appropriated or otherwise made available to the state for this purpose.

{ADD 40.1-21-4.1. [Repealed.] -- ADD}

{ADD 40.1-21-4.2. Declaration of purpose. -- ADD} There is presently no single state agency which provides or secures services that many {DEL retarded or DEL} developmentally disabled citizens may require. Therefore, the purposes of this chapter are as follows:

(a) To establish a division of developmental disabilities within the department of mental health, retardation, and hospitals;

(b) To advance the public interest, to promote, safeguard, and protect the human dignity, constitutional and statutory rights and liberties, social well being, and general welfare of all {DEL mentally retarded and DEL} developmentally disabled citizens of the state;

(c) To provide or to secure certain social, protective, and other types of appropriate services for all {DEL mentally retarded developmentally disabled, and nonretarded DEL} developmentally disabled citizens;

(d) To promote the coordination of all available services, both generic and specialized, for all {DEL mentally retarded developmentally disabled, and nonretarded DEL} developmentally disabled citizens under public and private auspices; {DEL and DEL}

(e) To ensure that all {DEL mentally retarded DEL} developmentally disabled {ADD adults ADD} {DEL and nonretarded developmentally citizens DEL} in this state receive such developmental, supportive, ancillary services as prescribed in an individualized program plan, developed with the participation of the developmentally disabled person and his or her family or guardian or {DEL interested friend DEL} {ADD advocate ADD} ; {ADD and ADD}

(f) To promote a comprehensive system to support the families of developmentally disabled adults in their own homes and environments, and to encourage families to maintain their developmentally disabled relatives in their own homes when appropriate.

{ADD 40.1-21-4.3. Definitions. -- ADD} As used in this chapter {ADD and in chapter 22 of this title ADD} the words:

(1) "Mentally retarded developmentally disabled adult" shall mean a person eighteen (18) years old or older and not under the jurisdiction of the department for children and their families, with significant sub-average, general intellectual functioning two standard deviations below the norm, existing concurrently with deficits in adaptive behavior and manifested during the developmental period. {ADD For purposes of funding, it is understood that students enrolled in school will continue to receive education from their local education authority in accordance with R.I.Gen. Laws 16-24-1 et seq. ADD}

(2) "Developmentally disabled adult" shall mean a person, eighteen (18) years old or older and not under the jurisdiction of the department for children and their families who {ADD is either a mentally retarded developmentally disabled adult or is a person with ADD} {DEL has DEL} a severe, chronic disability which:

(a) Is attributable to a mental or physical impairment or combination of mental and physical impairments;

(b) Is manifested before the person attains age 22;

(c) Is likely to continue indefinitely;

(d) Results in substantial functional limitations in three or more of the following areas of major life activity:

(i) Self care;

(ii) Receptive and expressive language;

(iii) Learning;

(iv) Mobility;

(v) Self-direction;

(vi) Capacity for independent living;

(vii) Economic self-sufficiency; and

(e) Reflects the person's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other service which are of lifelong or extended duration and are individually planned and coordinated. {ADD For purposes of funding, it is understood that students enrolled in school will continue to receive education from their local education authority in accordance with R.I. Gen. Laws 16-24-1 et seq. ADD}

(3) "Diagnosis and evaluation" means a process to determine whether and to what extent an individual is {DEL mentally retarded or DEL} developmentally disabled and a study of the individual's condition, situation, and needs which lead to a recommendation of what services, if any, would benefit the individual.

(4) "Individualized program plan" or "general service plan" means a plan, however named, which includes but shall not be limited to, the following:

(a) An evaluation of the strengths, difficulties, needs, and goals of the individual;

(b) A description of those services found to be necessary or appropriate to assist the individual in realizing his or her potential for self-sufficiency in major life activities;

(c) A description of the agencies and/or individuals which are proposed to provide each of the recommended services;

(d) The intermediate and long range objectives for the individual's development and habilitation;

(e) The expected duration for the provision of the services;

(f) A description of the tests and other evaluative devices used and their results;

(g) Proposed criteria for monitoring and evaluating the success of the services in meeting the individual's needs; and

(h) The signatures of the preparers of the plan and the date. The individual program plan shall indicate developmental, supportive, or ancillary services by function and frequency, the manner of subsidy and delivery and the categories of need for services such as transportation, job training, or occupation, housing, housing adaptation, personal attendant care, homemaker, or other services. This plan shall be reviewed at least annually.

(5) "Case management" means the implementation of an individual's program by providing information, by referral to appropriate service providers, by procurement of services, and by the coordination of the necessary services.

(6) "Developmental services" means those services provided to {DEL mentally retarded and DEL} developmentally disabled adults, and shall include, but not be limited to, habilitation and rehabilitation services, day services.

(7) "Supportive services" means those services provided to {DEL mentally retarded developmentally disabled and nonretarded DEL} developmentally disabled adults, and shall include, but not be limited to, occupational therapy, psychological services, counselling, nursing services, and medical services.

(8) "Ancillary services" means those services provided, and shall include but not be limited to, transportation, housing, housing adaptation, personal attendant care and, homemaker services.

(9) "Subsidized access to service" means the provision of financial resources through vouchers to a developmentally disabled person to enable the person to gain access to appropriate generic and/or special services as required by the individual program plan.

(10) "Service broker" means that individual who assists in facilitating the connection between the developmentally disabled person and the services required by the individual program plan.

(11) "Department" means the Rhode Island department of mental health, retardation, and hospitals.

{DEL 40.1-21-5. Warrants for commitment to the Doctor Joseph H. Ladd Center. -- DEL} {DEL Any warrant or mittimus from any court committing any person to the Doctor Joseph H. Ladd Center shall be directed to and executed by duly authorized agents of the department of mental health, retardation, and hospitals, who shall make return thereon, the provisions of any other law to the contrary notwithstanding. DEL}

{ADD 40.1-21-6. The John E. Fogarty Institute of Rhode Island. -- ADD} The department of mental health, retardation, and hospitals is hereby authorized and directed, within the funds currently available or to be made available in the future, to plan for and foster the establishment of a university affiliated {DEL mental retardation DEL} {ADD developmental disabilities ADD} center which shall be devoted, but not limited to the education and training of personnel in all fields related to {DEL mental retardation DEL} {ADD developmental disabilities ADD} and to research in {DEL mental retardation DEL} {ADD developmental disabilities ADD} which shall be known as "The John E. Fogarty Institute of Rhode Island".

{ADD 40.1-21-6.1. Admission to mental retardation and developmental disabilities services. -- ADD} {DEL Persons DEL} {ADD Developmentally disabled adults ADD} shall be admitted for {DEL mental retardation and DEL} developmental disability services under the provisions of this chapter within the limit of available appropriations in accordance with the following procedures:

(1) Any person believed to be {DEL mentally retarded or DEL} developmentally disabled {DEL or nonretarded developmentally disabled, DEL} a parent, guardian, relative, or {DEL interested friend DEL} {ADD advocate ADD} of the person may be referred or make written application to the department on forms provided by the department for diagnosis and evaluation.

(2) After the identification diagnosis and evaluation is completed;

(a) it shall be determined if the person is {DEL mentally retarded, DEL} developmentally disabled, {DEL or nonretarded developmentally disabled, DEL} and, if so, the degree of handicap;

(b) Recommendations shall be make as to what services, if any, the person requires; and

(c) An individualized program plan for each {DEL mentally retarded developmentally disabled and nonretarded DEL} developmentally disabled adult, shall be established, and funding and case management or subsidized access with or without service brokerage shall be determined.

(d) Every effort shall be made to involve the developmentally disabled person, his or her guardian, parent, relative, or {DEL interested friend DEL} {ADD advocate ADD} in the creation of the individualized program plan; and

(e) Each person and his or her parent, guardian shall be provided a written copy of an approved individualized program plan developed for the person.

{ADD 40.1-21-7. Authority to lease. -- ADD} Notwithstanding the provisions of section 42-11-2, the department of mental health, retardation, and hospitals may make available on such terms and conditions and for such periods as it deems proper, facilities under its jurisdiction, or space therein, to affiliating institutions of higher learning and public and private non-profit agencies, provided that the premises are utilized for direct or supportive services to the {DEL mentally retarded DEL} developmentally disabled {DEL and those with other developmental disabilities DEL} and their families, and/or for education and training of any discipline concerned with the problems of {DEL mental retardation and other DEL} developmental disabilities and/or research directed to the problems of {DEL mental retardation and other DEL} developmental disabilities.

{ADD 40.1-21-8. Designation and assignment of functions and funds. -- ADD} (a) Whenever the duties of the head of any existing department, division, board, commission, or other agency or of any other officer are prescribed by law, and the duties of the person have been transferred by this chapter to the department of mental health, retardation, and hospitals, the director of mental health, retardation, and hospitals may designate some officer or other subordinate within the department of mental health, retardation, and hospitals to perform the duties.

(b) Upon the transfer of any functions of any department or agency to the department of mental health, retardation, and hospitals pursuant to this chapter, the governor is authorized to transfer or reallocate in whole or in part, by executive order, the appropriations affected thereby.

{ADD 40.1-21-9. Transfer of records. -- ADD} Unless otherwise expressly provided by this chapter, the head of a department, division, or other administrative agency, whose functions, powers, and duties are assigned and transferred by this chapter to the department of mental health, retardation, and hospitals, shall deliver to the department of mental health, retardation and hospitals all contracts, books, maps, plans, paper, records, and property of every description which is within the jurisdiction or control of the head of a department, division, or other administrative agency. The director of mental health, retardation, and hospitals is hereby authorized to take possession thereof.

{ADD 40.1-21-10. Appropriations. -- ADD} The general assembly shall annually appropriate such sums as it deems necessary to enable the director of mental health, retardation, and hospitals to provide or secure services for {DEL the mentally retarded developmentally disabled and nonretarded DEL} developmentally disabled {ADD adults ADD} {DEL citizens DEL} of this state {DEL who are twenty-one (21) years of age or older, DEL} and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums or so much thereof as may be required from time to time, upon the receipt by him or her of vouchers properly authenticated.

{ADD 40.1-21-11. References to director or assistant director of social welfare. -- ADD} Whenever, in any general or special law, reference is or shall be made to the director of social welfare or the assistant director of social welfare for curative services pertaining to the Doctor Joseph H. Ladd Center, programs, and services for the mentally retarded, the reference shall mean, and be construed to mean the director of mental health, retardation, and hospitals.

{ADD 40.1-21-12. Rules and regulations. -- ADD} The director of mental health, retardation, and hospitals, after consultation with the Rhode Island developmental disabilities council, shall make and promulgate such rules and regulations pertaining to services for {DEL the mentally retarded and developmentally disabled and the nonretarded DEL} developmentally disabled {ADD adults ADD} as specified in this chapter when the services are provided in whole or in part by the use of state and/or federal funds earmarked for developmentally disabled {DEL and mentally retarded DEL} persons.

{ADD 40.1-21-13. Other obligations. -- ADD} Nothing in this chapter shall be construed to relieve any agency, state or local, from its obligations to provide services to the {DEL mentally retarded and the DEL} developmentally disabled citizens of this state.

{DEL 40.1-21-14. Office of family support established. -- DEL} {DEL (a) There shall be established an office of family support in the division of developmental disabilities within the department of mental health, retardation, and hospitals. The purpose of this office shall be to promote a comprehensive system to support the natural families of adult retarded citizens in their own homes and environments, and to encourage families to maintain their adult handicapped citizens in their own homes wherever and whenever possible. Alternative family living arrangements and semisupervised living arrangements will also be provided therein.

(b) Services such as respite care, case management, homemaker services, diagnostics and evaluations, crisis intervention, and parent deinstitutionalization subsidy aid will be encompassed under this office. DEL}

{ADD 40.1-21-15. Self-sufficiency trust fund. -- ADD} (a) There is hereby created the Self-Sufficiency Trust Fund. The State Treasurer, ex officio, shall be custodian of the Trust Fund, and the controller shall direct payments from the Trust Fund upon vouchers properly certified by the director of mental health, retardation and hospitals. The Treasurer shall credit interest on the Trust Fund to the Trust Fund, and the Director shall allocate such interest pro rate to the respective accounts of the named beneficiaries of the Trust Fund. For the purposes of this section, the term "self-sufficiency trust" means a trust created by a nonprofit corporation which is a 501-C-3 organization under the United State Internal Revenue Code of 1954 [26 USC 501C(3)] and which was organized under the Nonprofit Corporation Act, Chapter 7-6 of the Rhode Island General Laws for the purpose of providing for the care, or treatment of one (1) or more mentally ill or physically handicapped persons or persons otherwise eligible for department services.

(b) The department shall adopt such rules and procedures under the Administrative Procedures Act, chapter 42-35 of the Rhode Island General Laws, as may be necessary or useful for the administration of the trust fund.

{ADD 40.1-21-16. Administration of self-sufficiency trust fund. -- ADD} (a) The Department of Mental Health, Retardation and Hospitals may accept money from a self-sufficiency trust for deposit in the trust fund pursuant to an agreement with the trust naming one or more beneficiaries who are mentally ill or physically handicapped persons or persons otherwise eligible for department services residing in this state and specifying the care, or treatment to be provided for them. The department shall maintain a separate account in the trust fund for each named beneficiary.

(b) The money in these accounts shall be spent by the department, pursuant to its rules, only to provide care and treatment for the named beneficiaries in accordance with the terms of the agreement.

(c) In the event that the director determines that the money in the account of a named beneficiary cannot be used for the care or treatment of the beneficiary in a manner consistent with the rules of the department and the agreement, or upon request of the self-sufficiency trust, the remaining money in that account, together with any accumulated interest on that account, shall be promptly returned to the self-sufficiency trust which deposited the money in the trust fund.

(d) The receipt by a beneficiary of money from the trust fund or of care or treatment provided with that money, shall not in any way reduce, impair or diminish the benefits to which the beneficiary is otherwise entitled by law.

{ADD 40.1-21-17. Special restricted fund. -- ADD} The fund for the disabled is created as a special restricted receipt fund from the State Treasury. The director may accept money from any source for deposit into the fund. The money in the fund shall be used by the department, subject to an appropriation, for the purpose of providing for the care, and treatment of low-income mentally ill and physically handicapped persons, or low-income persons otherwise eligible for department services, as defined by the Department.

SECTION 2. Chapter 22 of Title 40.1 of the General Laws entitled "Retardation Law" are hereby amended to read as follows:

{ADD 40.1-22-1. Short title. -- ADD} This chapter shall be known as the {ADD Developmental Disabilities ADD} {DEL "Retardation Law" DEL} .

{DEL 40.1-22-2. Declaration of purpose. -- DEL} {DEL The purposes of this chapter are:

(a) To advance the public interest, to promote, safeguard, and protect the human dignity, constitutional rights and liberties, social well-being, and general welfare of the mentally retarded citizens of the state;

(b) To provide certain social and protective services for the mentally retarded, more particularly for those who are unable, because of mental retardation, to handle themselves and their affairs with ordinary prudence;

(c) To provide for the admission, commitment, transfer, and discharge of retarded persons at the Doctor Joseph H. Ladd Center, Doctor U. E. Zambarano Unit for the Retarded, and other facilities; and

(d) To promote the coordination of the programs of residential facilities with other services for the mentally retarded under public and private auspices. DEL}

{ADD 40.1-22-3. Definitions. -- ADD} Whenever used in this chapter, or in any order, rule, or regulation made or promulgated pursuant to this chapter, or in the printed forms prepared by the director, unless otherwise expressly stated, or unless the context or subject matter otherwise requires:

(1) "Development, education, rehabilitation, and care" means physical development, application of these abilities to meaningful occupations, development of personal and social skills, all of which are directed to the objective of independent living and selfmaintenance. Care also includes medical care, surgical attendance, medication, as well as food, clothing, supervision, and maintenance furnished to a resident.

(2) "Department" means the department of mental health, retardation, and hospitals.

(3) "Director" means the director of the department of mental health, retardation, and hospitals or his designees.

(4) "Team" means an interdisciplinary team which includes such professional personnel designed by the director and which shall consist of no less than three (3) persons selected by order of the director, no less than one of whom shall be a licensed physician, no less than one of whom shall be a member of the social work profession, and no less than one of whom shall be a qualified mental retardation professional (QMRP).

{DEL (5) "Mentally retarded person" shall mean a person with significant subaverage general intellectual functioning (two (2) standard deviations below the normal) existing concurrently with deficits in adaptive behavior and manifested during the development period. DEL}

(6) "Facility" means any public or private facility, {DEL residential school, DEL} inpatient rehabilitation center, hospital, institution, or other domiciliary facility, the office of {DEL mental retardation DEL} {ADD developmental disabilities ADD} or any part thereof, equipped to {DEL rehabilitate, develop, and educate DEL} {ADD habilitate ADD} on a residential basis persons who are {DEL mentally retarded DEL} {ADD developmental disabled ADD} and in need of residential care. This shall include any facility maintaining adequate staff and facilities within the state of Rhode Island providing in-residence supervision {DEL , rehabilitation. and education DEL} {ADD and habilitation ADD} and approved by the director upon application of the facility. Included within this definition shall be all institutions and facilities under the control and direction of the director. Nothing contained herein shall be construed to amend or repeal any of the provisions of chapters {DEL 16.1 or DEL} 17 {ADD or 17.4 ADD} of title 23 as amended, or of chapter 15 of title 40 as amended or of chapter 21 of this title as amended {ADD or of chapter 72.1 of title 42 ADD} . Whenever it shall be brought to the attention of the director that any private facility may not have adequate staff, or facilities as determined by regulations of the director, then the facility shall not be approved for the placement of {DEL retarded persons DEL} {ADD developmentally disabled adults ADD} under the provisions of this chapter.

{DEL (7) "Indigent person" means a person who is mentally retarded, and who has not sufficient property or income to support him or herself, and to support the members of his or her family lawfully dependent on him for support. DEL}

{DEL (8) "Poor person" means a mentally retarded person who is unable to maintain him or herself and having no one legally liable and able to maintain him or her. DEL}

(9) "Notice" shall mean written notice in as simple and nontechnical language as practicable as required by the department, or the court of competent jurisdiction. The notice shall be in writing to the director of the department by registered or certified mail, return receipt required. {ADD Notice sent to a client ADD} {DEL It DEL} shall also include verbal reading of the written notice by duly authorized agents of the department, and/or court. The agents shall make verified return of the oral notification as well as the written. This requirement of oral notice to anyone alleged to be {DEL mentally retarded DEL} {ADD developmentally disabled ADD} shall be required because of the recognized limitation that many retarded {ADD and developmentally disabled ADD} persons are unable to comprehend written notices.

(10) "Client" shall mean any {DEL mentally retarded DEL} {ADD developmentally disabled adult ADD} {DEL person DEL} who is in potential need, or is receiving services aimed at alleviating his or her condition of functional dependence.

(11) "Objection" If an objection is raised it shall be in writing, of a timely nature, and filed with the clerk of the family or district court, a copy of which is to be sent to the director of the department via registered or certified mail, return receipt requested.

(12) "A qualified mental retardation professional (QMRP)" is a person as defined in 42 CFR 442.401, as amended.

(13) "Parent" means the natural, adoptive, foster parent or caretaker of the child.

{ADD 40.1-22-4. General powers and duties of the director. -- ADD} (1) The director of mental health, retardation, and hospitals is charged with the execution of laws relating to the admission and care of {DEL the mentally retarded DEL} {ADD the developmentally disabled ADD} .

(2) The director shall be responsible for the facilities in the department and such others as are approved to function under this chapter for the purpose of determining whether the provisions of this law relating to admission and care of {DEL mentally retarded DEL} {ADD developmentally disabled ADD} persons are being complied with, and giving such residents of the facilities as may request it, suitable opportunity to converse with him or her or them apart from the officers and attendants thereof. The shall act with power to investigate the question of {DEL the mental retardation DEL} {ADD developmental disability ADD} and condition of any person who is a resident of any institution for the {DEL mentally retarded DEL} {ADD developmentally disabled ADD} , public or private, or restrained in his or her liberty by reason of alleged {DEL mental retardation DEL} {ADD developmentally disabled ADD} at any place within the state, and shall discharge any such person, if in his or her opinion he or she is not {DEL mentally retarded DEL} {ADD developmentally disabled ADD} or can be cared for after discharge without serious harm to him or herself or others. For such purposes, the director is empowered to hold hearings, subpoena witnesses, compel their attendance, administer oaths to witnesses, examine witnesses under oath, and require the production of any books, documents, papers, or records deemed relevant to the inquiry under investigation. A subpoena issued under this section shall be regulated by civil practice laws and rules.

(3) The director may assign a portion of any state facility, for the holding of religious service, to be used exclusively for the benefit of the patients and employees of the facility, subject to such conditions as may be imposed by the director.

(4) The director may:

(a) Examine all facilities, public and private, licensed by him or her or authorized by law to receive, admit, and care for the {DEL mentally retarded DEL} {ADD developmentally disabled ADD} ; and

(b) Inquire into their methods of government and management of all persons therein; and

(c) Examine into the condition of all buildings, grounds, and other property connected with the facility, and into all matters relating to its management.

(5) The director may promulgate and adopt such rules and regulations governing the management of the facilities, both public and private, as he or she may deem necessary to carry out the provisions of this chapter to insure the comfort, promote the welfare, and protect the rights of the residents.

(6) Any patient, or person representing the patient shall be furnished, upon request, all information and reports upon which a director or other resident physician made his or her or their determination or finding that the patient is a {DEL mentally retarded DEL} {ADD developmentally disabled ADD} person.

{ADD 40.1-22-5. Construction with other laws. -- ADD} This chapter shall be read in conjunction with the previously stated authority of the director and the duties of the office of {DEL mental retardation, DEL} {ADD developmentally disabilities ADD} under chapter 21 of title 40.1.

{ADD 40.1-22-6. Admission as a resident in a facility. -- ADD} (1) Any person alleged to be {DEL mentally retarded DEL} {ADD developmentally disabled ADD} , warranting observation and possible residential care and treatment in a facility, public or private, as herein defined, who is not held to answer presently to a criminal charge {DEL or who has not been adjudged a defective delinquent DEL} may be admitted to and received and retained as a resident in a facility by complying with any one of the following admission procedures applicable to the case:

(a) Voluntary admission

{DEL (b) Admission of a minor; or DEL}

(c) Admission on a certificate of one physician and a team evaluation certificate.

(2) The director shall prescribe and furnish forms for use in the procedures for admission under this section and admission shall be had only upon such forms.

(3) A {DEL mentally retarded DEL} {ADD developmentally disabled ADD} person as herein described in this chapter shall be admitted to a facility as herein defined, designated by the director, or pursuant to administrative order authorized by law, or pursuant to an authorization, or order of a court of competent jurisdiction.

(4) No member of a team, or any physician signing a certificate for emergency admission shall be related by blood or marriage to the person applying for the admission of a person alleged to be mentally retarded, or to the person alleged to be {DEL mentally retarded DEL} {ADD developmentally disabled or to the person alleged to be developmentally disabled ADD} ; nor shall he or she be a guardian or conservator of the person; nor shall he have any interest, contractually, testamentarily, or otherwise (other than reasonable and proper charges for professional services rendered), in or against the estate or assets of the person alleged to be mentally retarded; nor shall he or she be a manager, trustee, proprietor, officer, stockholder, or have any pecuniary interest, directly, or indirectly, or except as otherwise provided, be a director or resident physician, in any facility to which it is proposed to admit the person.

(5) A certificate as required by this section, must show that the person is {DEL mentally retarded DEL} {ADD developmentally disabled ADD} as herein defined, and unable to function independently, and if required to be made by one examining physician, that the physician made an examination of the person alleged to be {DEL mentally retarded DEL} {ADD developmentally disabled ADD} within ten (10) days next before and inclusive of the date of admission unless otherwise herein provided. The date of the certificate shall be the date of the commencement of the examination, and in the event the examination or examinations are conducted separately or over a period of days, then the ten (10) day period above referred to (unless otherwise expressly provided) shall be measured from the of the commencement of the first examination. The certificate shall contain the reasons upon which the judgment of the physician is based and shall show that the condition of the person examined is such as to require development, education, rehabilitation, and care in a facility as herein defined, and shall contain such other information as the director by rule or regulation shall require.

(6)(a) A {DEL mentally retarded DEL} {ADD developmentally disabled ADD} person shall enjoy all the civil and constitutional rights conferred on citizens or residents of the state (as the case may be) by the constitution and laws of the United States and of this state, except as expressly otherwise provided by law.

(b) No person of eighteen (18) years of age or older shall be admitted to, detained in, or returned to a state residential facility against his or her will unless he or she has been adjudicated incompetent, has been admitted on any ten (10) day one physician certificate basis, or as otherwise expressly provided in this chapter.

(c) As soon as reasonably practicable upon the admission as provided by this section of any patient to any facility, the superintendent or official in charge thereof shall inform the client of his or her rights to have a judicial hearing and review, to be represented by counsel and to seek independent professional opinion; and further, pursuant to rules established by the director, each client upon admission shall be given the opportunity to communicate by telephone, or if not possible, by the next expeditious method, with any person.

(7) As to all persons admitted to any facility pursuant to this section, the director may make a request of the superintendent or official in charge of any facility to examine at any time a record of admission which shall contain such information as the director by rule or regulation may require. Similarly, the director may examine records of transfers, discharges, conditional releases, and revocation of conditional releases, as well as other dispositions of cases of clients admitted hereunder.

(8) No requirement shall be made, by rule, regulation, or otherwise, as a condition to admission and retention, that any person applying for admission shall have the legal capacity to contract.

{ADD 40.1-22-7. Voluntary admissions and discharges. -- ADD} (1) Any individual of lawful age, either personally, or on the application of any relative, friend, or attorney with the individual's consent, must apply orally or in writing for voluntary admission to any facility provided for by this chapter seeking care and residence for alleged {DEL mental retardation. DEL} {ADD developmentally disability. ADD} {DEL If the individual has not yet attained his or her eighteenth birthday, the application shall be made in writing by his or her parent, guardian or next of kin. DEL}

(2) In the discretion of the superintendent or other official in charge of the facility, the individual may be retained for a period not exceeding three (3) days after receipt of written notice from the individual of his or her intention or desire to leave the facility. {DEL In the case of an individual under eighteen years of age, notice must be given by the person who made the application for his or her admission or by the person of equal or closer relationship to the client. The superintendent or official in charge of the facility may in his or her discretion refuse to discharge the client upon notice given by any person other than the person who made the application, and in the event of a refusal the person giving notice may apply to a justice of the family court for the release of the client.

(3) It shall be the duty of the director to establish rules and regulations whereby all voluntary clients shall be examined by a team to determine whether they qualify for care and treatment under the provisions of this law. If it be determined that the client does not belong to the voluntary class, or is otherwise ineligible for care and treatment, he or she shall be discharged.

(4) A voluntary client shall be informed of his or her status and rights as a voluntary client once every six (6) months. DEL} Notwithstanding any other provisions of law to the contrary, no person admitted to any facility as a voluntary client shall be deprived of any civil right solely by reason of admission nor shall admission modify or vary any civil right of the person, including but not limited to civil service or merit rating, ranking, and appointment or rights relating to the granting, forfeiture, or denial of a license, permit, privilege or benefit pursuant to any law.

{DEL 40.1-22-8. Admission of minors. -- DEL} {DEL (1) Any mentally retarded person under the age of eighteen (18), upon the request of his or her parent or guardian, or in the event that there are no parents or guardian (or in their absence) at the request of the director of the department of mental health, retardation, and hospitals or his or her designee, may be admitted in accord with section 40.1-22-9 and this section concerning admission procedures to such public and private mental retardation facilities as are appropriate for the care of such persons. The director or superintendent, may, without the consent of the parent or guardian, discharge such person at any time it is deemed in the best interest of the person and on the basis of a team evaluation; provided, however, that written notice be given to the parent or guardian at least twenty-one (21) days prior to the discharge.

(2) In all cases involving persons under eighteen (18) years of age, any and all power and authority vested in any court by virtue of this chapter shall be vested in the family court. In such cases the family court shall have exclusive jurisdiction.

(3)(a) The status of one previously committed as a minor by the family court to a state residential facility for the retarded shall be reviewed by the family court immediately prior to the attainment of the individual's eighteenth birthday.

(b) Review shall include consideration of plans made for the individual client by the staff of the state residential facility, and a report (including recommendations of an interdisciplinary evaluation team) which is completed within a three (3) month period prior to the family court review.

(c) Appeal from any decision of the family court as part of this review shall be made only to the supreme court notwithstanding section 40.1-22-10.

(4) The family court may order custody of an individual who has not yet reached his or her eighteenth birthday, and who, after an interdisciplinary evaluation has been found by the court to be mentally retarded, assigned to the director of the department of mental health, retardation, and hospitals for suitable placement and care, provided that there is no state facility clearly suited for such care and treatment. DEL}

{ADD 40.1-22-9. Admission upon application of director, relative, or guardian. -- ADD} (1)(a) Upon the application of the director of the department of mental health, retardation, and hospitals or his or her designee, or of any relative, next of kin, or legally designated guardian of a person alleged to be {DEL mentally retarded, DEL} {ADD developmentally disabled ADD} and in need of immediate care and treatment, the superintendent or other official in charge of any facility may receive the person; provided the application is accompanied by the certificate of one examining physician; provided further that the person alleged to be {DEL mentally retarded DEL} {ADD developmentally disabled ADD} does not object to admission, {DEL if eighteen (18) or older, DEL} or that parents, guardian, spouse, or next of kin do not object if under eighteen (18); and provided further that the need for residential care shall be confirmed by the facility by a team examination within twenty (20) days of admission.

(b) If objection is raised, by the person, or by the parent, guardian, spouse, or next of kin, then the matter shall be heard as provided in section 40.1-22-10, so far as possible.

* * *

{ADD 40.1-22-10. Discharges -- Judicial review. -- ADD} (1) Any resident over eighteen (18) years of age or married residents under eighteen (18), except any resident who is under court ordered restriction, shall be free to leave any public or private {DEL mental retardation DEL} {ADD developmental disabilities ADD} facility at any time upon giving written or oral notice of such intention to the superintendent or other head of the facility. The superintendent or other head of the facility may restrict the right to leave the facility to normal working hours and weekdays and, in his or her discretion, may require that certain residents give three (3) days notice of their intention to leave the facility. {DEL The parents or guardian of unmarried residents under eighteen (18) years of age shall have the same right to remove persons from the facility as set out above. DEL}

(2) Where persons are required to give three (3) days notice of an intention to leave the facility, an examination of the person may be conducted by a team to determine his or her suitability for discharge and to investigate other aspects of his or her case including his legal competency and his or her family, home, or community situation to the interest of discharging him or her from the facility.

(3) If, however, the superintendent or other head of the facility determines that discharge of a person {DEL eighteen (18) years or older DEL} who has given three (3) days notice would create a likelihood of serious harm to the person him or herself or to other people by reason of the person's {DEL mental retardation, DEL} {ADD developmental disability, ADD} he or she shall forthwith petition the district court of the judicial district wherein the facility is located to order that the person be further retained as a resident. The superintendent or other head may retain the person until the hearing on such petition has been held.

(4) The court shall cause a notice, as defined in this chapter of the time and place set for the hearing to be served upon the person and the nearest relative or guardian of the person and the superintendent or other head of the facility. In all hearings, the person shall be represented by legal counsel and may present independent clinical testimony. If the person is found by the court to be indigent, counsel shall be appointed by the court and an independent clinical examination, if requested by counsel for the person, may be provided by the court. The person shall be allowed not less than forty-eight (48) hours after the appearance of counsel on his behalf in which to prepare his or her case. The person or his or her representative may request either an open or closed hearing in any court proceedings and the court in its discretion may grant the requests.

(5) If the court finds after the hearing that the discharge of the person would create a likelihood of serious harm to the person him or herself or to other people by reason of {DEL mental retardation, DEL} {ADD developmental disability, ADD} the court shall order that such persons be further retained as a resident and the person may not, during the next six (6) month period, leave the facility except by permission of the superintendent or other head of the facility and no further court action shall be necessary to retain the person during the period. If the court does not so find, it shall order that such person be forthwith discharged.

(6) Any person aggrieved by the decision of a district court order for further residential care under the provisions of this section, may appeal the findings and order of the district court de novo to the court having appellate jurisdiction wherein the facility is located. In an appeal to a court under the provisions of this section the findings and order of the district court may be introduced into evidence by either party. If the appellate court finds after a hearing that discharge of the person would create a likelihood of serious harm to the person him or herself or to other people by reason of {DEL mental retardation, DEL} {ADD developmental disability ADD} the court shall order that the person be further retained as a resident and as such may not, during the next six (6) month period, leave the facility except by permission of the superintendent or other head of the facility, and no further court order shall be necessary to retain the person during the period.

(7) As the basis for its order the appellate court shall make written findings as to the following:

(a) That the person is {DEL mentally retarded DEL} {ADD developmentally disabled ADD} and the evidence upon which this determination is based; and

(b) That, in accordance with the definition of {DEL "mental retardation" in section 40.1-22-3(5) DEL} {ADD "developmentally disabled" in 40.1-21-4.3(2) ADD} as indicated by the court, the discharge of the person would create a likelihood of serious harm to the person him or herself or to other people by reason of the {DEL mental retardation DEL} {ADD developmental disability ADD} and the evidence upon which this determination is based; and

(c) Any other issue or evidence which the court deems relevant and necessary for inclusion in its findings. If the court finds that the person does not meet the definition of {DEL "mental retardation" DEL} {ADD "developmental disability" ADD} in {DEL this DEL} chapter {ADD 21 ADD} such that there does not exist a likelihood of serious harm to the person him or herself or to other people by reason of the {DEL mental retardation DEL} {ADD developmental disability ADD} it shall order that the person be forthwith discharged.

(8) If, at the end of any six (6) month period of retention, the person is still in need of care and treatment, he or she may, if he so desires, be admitted or transferred to other care and treatment in the same or another facility. If the person is unwilling to consent to continued residence, he or she shall be discharged; provided, however, that, if the superintendent or other head of the facility determines that the discharge would create a likelihood of serious harm to the person him or herself or to other people by reason of {DEL mental retardation, DEL} {ADD developmental disability, ADD} he or she shall, prior to the expiration of the six (6) month period, petition the district court which made the earlier order to order, under the same procedures, that the person be further retained as a resident, and the person may not during the next one year period leave the facility except by permission of the superintendent or other head of the facility and no further court order shall be necessary to retain the person during the period. The order may be renewed by the court for additional one year periods on petition of the superintendent or other head of the facility under the same conditions and procedures and opportunity for judicial review as above. The superintendent or other head of the facility shall be immune from civil suit for damages for retaining a person and petitioning the court pursuant to the provisions of this section.

(9) Whenever a person before the district court appears to be {DEL mentally retarded DEL} {ADD developmentally disabled ADD} and the court determines either that the crime has not been committed or that there is not sufficient cause to believe that the person is guilty thereof, the court may order evaluation procedures as previously provided in this section, or after a hearing as provided in subsections (4) and (5) of this section, and in such a case the criminal action shall terminate. {DEL The family court may similarly act in cases under its jurisdiction, and under sections 40.1-22-8 and 40.1-22-9, may terminate the family court proceedings involved while invoking the provisions of this section. DEL}

{DEL 40.1-22-11. Periodic review. -- DEL} {DEL (a) Each mentally retarded person including every person under eighteen (18), who is a resident at any facility shall have a periodic review of his or hercase within sixty (60) days from the date of admission and at least once each year thereafter. Periodic review shall consist of a thorough team examination, with the assistance of the public defender. In addition, each periodic review shall include a consideration of all possible alternatives to continued residence or care. The consideration shall include, but not be limited to, a determination of the person's relationship to the community, including the nature of existing relationships with family members or others in the community, employment possibilities, community resources, and group homes, hostels, foster or rest home, or convalescent care facilities. The director shall take part in the review and may consider any other resources for alternate placement, including the community mental retardation programs on the state and local levels, in conducting the review. The review shall also include consideration of the legal competency of the person and the necessity or advisability of having a guardian or conservator appointed.

(b) Following the periodic review, the client shall be discharged or placed on interim community leave if it is determined that he or she is no longer in need of training or care; provided, however, that if it is determined by the superintendent or other head of the facility that the person is in need of further training or care as a resident, notice shall be given to the person and his or her family or legal guardian by the superintendent or other head of the facility.

(c) Any person who is a resident in any state operated mental retardation facility and who absents him or herself under any circumstances not authorized by the provisions of this chapter or the regulations of the department or fails to return to a state operated facility at the expiration of any authorized leave, or upon being recalled therefrom, may be taken into custody and returned to the facility by any police officer, or by any person so authorized by the superintendent or other head of the facility; provided, however, that no person shall be taken into custody under the authority of this section after the expiration of six (6) months, beginning the first day of an absence. DEL}

{ADD 40.1-22-12. Forwarding of client's letters. -- ADD} All letters written by clients in any public or private {DEL mental retardation DEL} {ADD developmental disabilities ADD} {DEL facilities DEL} {ADD facility ADD} shall be forwarded unopened.

{ADD 40.1-22-13. Visits. -- ADD} No public or private {DEL mental retardation DEL} {ADD developmental disabilities ADD} facility shall restrict the visiting of a client by anyone at any time of the day or night; however, in special circumstances when the client is ill or incapacitated and a visit would not be in his or her best interest, visitation may be restricted temporarily during the illness or incapacity.

{ADD 40.1-22-14. Retention of clients for more than six (6) months. -- ADD} In cases other than voluntary admissions, if it be determined that care and treatment for a period in excess of six (6) months is required, and no prior application for a hearing was made by the client or someone in his or her behalf, then to retain a client beyond the period the official in charge of the facility to which the client was admitted shall notify the client, his or her spouse and nearest relative, if known, and the applicant petitioning for his original admission, if available, of the client's right to a hearing on the issue of his or her continued retention. If no request for a hearing is made within ten (10) days of notification, the client may be retained for an additional six (6) month period; subject thereafter to similar notifications, at least, annually.

{ADD 40.1-22-15. Hearings. -- ADD} In the case of a hearing the matter shall be heard as provided in 40.1-22-10, so far as possible.

{ADD 40.1-22-16. Discharge. -- ADD} (1) The director or the superintendent or official in charge of any facility, on having his or her reasons noted on the client's record, may discharge any client, {DEL except one held upon an order of a court or judge at any time as follows: DEL}

(a) A client who, in his or her judgment, is substantially improved.

(b) A client who, in his or her opinion, is not {DEL mentally retarded DEL} {ADD developmentally disabled ADD} .

(c) A client who is not substantially improved but whose discharge, in his or her judgment, will not be detrimental to the public welfare or injurious to the client.

{DEL (2) The director or official in charge of the Doctor Joseph H. Ladd Center may discharge any client committed to the institution prior to July 1, 1970, who has in his or her judgment successfully adjusted to living within a community notwithstanding that the client may have been originally retained by order of a court or judge. DEL}

{ADD 40.1-22-17. Refusal to discharge. -- ADD} (1) When the official in charge of any facility is unwilling to certify to the discharge of an unimproved client upon request, and so certifies in writing, noting his or her reasons therefor, in the client's record, he or she shall give a copy thereof to the person applying for the release and to the director.

(2) If provisions for the review of the question of the client's detention as elsewhere provided in this chapter are not available to the client, then recourse may be had to a justice of the district court {DEL or to a justice of the family court in the case of a client who has not yet attained his or her eighteenth birthday DEL} for a hearing upon the matter set forth in the record provided for in subparagraph (1) of this section. At a hearing the burden of proving the lack of need of retention for further care and treatment shall be upon the person petitioning for the release of the client. At a hearing the court may enter such an order as the exigencies of the case, as disclosed by the evidence, may require.

{DEL 40.1-22-18. Transfer of clients. -- DEL} {DEL (1) The person in charge of any state operated facility may petition the director for transfer of a client from the state operated facility to any other facility. The director shall have reasonable discretion to order or permit transfers for reason of finances, adequacy of personnel or of facilities and similar reasons, and upon conditions set forth in rules or regulations promulgated by the director pursuant hereto.

(2) A client admitted to any state operated facility pursuant to the provisions of this chapter may be transferred to any institution operated by the veterans administration or to an agency of the United States public health service or other agency operated by the United States government for treatment of mental retardation at a facility under its jurisdiction within or without the state, when deemed in the interest of the client or of the facility affected and only upon formal written order of the director and the written acceptance by the director of the federal facility, certifying that facilities are available and that the person is eligible for the care and treatment therein.

(3) A client received on voluntary admission may not be thus transferred without his or her consent; and if the client shall not yet have attained his or her eighteenth birthday, without the consent of his or her parent, guardian, spouse, next of kin, or person who signed for his or her admission.

(4) Transfer from a private facility may only be had with the additional consent or request of the client, guardian, a responsible relative, nearest available friend, or the director.

(5) Clients transferred to facilities without the state or to veterans' administration or a United States public health service, or another agency operated by the United States government, shall be subject to the rules and regulations of the facility or institution to which they are transferred, and the person or official in charge thereof, in connection with the care and treatment of the client, being vested with the same powers as persons in charge of similar facilities within the state. Transfers of clients between states which entered into the interstate compact on mental retardation shall be pursuant to and in accordance with the compact whenever applicable.

(6) Any client resident in a state operated facility who does not voluntarily consent to transfer to another facility if eighteen (18) years of age or older, if a minor, and his or her parent, guardian, spouse, or next of kin do not voluntarily consent in writing to transfer to another facility, public or private within or without the state, shall not be transferred without a judicial hearing. The judicial hearing shall include reasonable notice to the parents, guardian, spouse, or next of kin of the time and place of the hearing, with opportunity to be represented by legal counsel and to present medical and other relevant evidence, through witnesses, documents, or other material indicating reasons why the transfer would or would not be beneficial to the retarded person. The hearing shall be held in accordance with section 40.1-22-10. If the client is eighteen (18) years of age or older, the hearing shall be held in the district court; if he or she is not yet eighteen (18) years of age, the hearing shall be held in the family court. Transfer to another facility shall not take place prior to hearing and judgment.

(7) All requests for transfer by the director of the department of mental health, retardation, and hospitals or his or her designee, or by any other department, to state residential retardation facilities shall be filed as an application for admission as provided in sections 40.1-22-6, 40.1-22-7, 40.1-22-8, and 40.1-22-9.

(8) The evaluation of an alleged mentally retarded person for purposes of transfer to a residential retardation facility shall be made by an interdisciplinary team as provided in sections 40.1-22-3(4) and 40.1-22-6. The team report and recommendations shall be provided within twenty (20) days after the filing of the application for admission and shall indicate if the person is retarded, and if so, whether he or she is a suitable client for admission to a state residential facility for the retarded, and any other appropriate recommendations or evaluations regarding the person.

(9) Any transfers of a court committed minor within the department of mental health, retardation, and hospitals facilities may be made by the director or his or her designee; the director or his or her designee will send written notice to the court of the transfer. DEL}

{ADD 40.1-22-19. Aliens and nonresidents. -- ADD} (1) The director shall be responsible for the investigation and examination of all alien and nonresident persons who are {DEL mentally retarded DEL} {ADD developmentally disabled ADD} in any facility under the jurisdiction of the department of health, {DEL social, and rehabilitative services, DEL} {ADD department of human services ADD} or elsewhere if admitted pursuant to the provisions of this chapter, and to attend to the deportation or removal of such persons to their respective countries or places of residence.

(2) The director may make reciprocal agreements with other states or political subdivisions thereof to provide for prompt humane return under proper supervision of {DEL mentally retarded DEL} {ADD developmentally disabled ADD} residents of other states or political subdivisions thereof.

(3) In the case of nonresidents the director shall cause them to be removed to the state of their residence, except that he or she may defer such action where the removal would cause the {DEL mentally retarded DEL} {ADD developmentally disabled ADD} person undue hardship unless the interests of the state and other clients would be materially harmed by the deferment.

(4) The director shall designate such person or persons as deemed necessary to accompany clients, unless it be certified by the director that clients are in a condition to travel alone in safety.

(5) The director in his or her discretion may, upon the request of any {DEL mentally retarded DEL} {ADD developmentally disabled ADD} person resident in a facility or upon the written consent of a relative, legal representative, or qualified friend, remove such person to any country, other state or place in which he or she may properly belong.

(6) For the purposes of this section the director, or his duly designated representative acting in his or her behalf in such matter, shall have the power to administer oaths, hold hearings, take testimony, issue subpoenas duces tecum, subpoena, and compel the attendance of witnesses who may have information in respect to the residence of the mentally retarded person under investigation. Subpoenas issued under this section shall be regulated by civil practice law and rules.

{ADD 40.1-22-20. Exclusiveness of this chapter. -- ADD} Where under any provision of any existing law, except in the case of a person held under criminal process, {DEL or under process of the family court for an act which would be considered a crime if committed by an adult, DEL} any person coming within the definition of a {DEL mentally retarded DEL} {ADD developmentally disabled ADD} {DEL person DEL} {ADD adult ADD} as herein defined, shall have recourse to or be dealt with as provided in this chapter, exclusively. {DEL This section shall prevail notwithstanding the provisions of section 14-1-5(A)(5). DEL}

{ADD 40.1-22-21. State support of poor or indigent clients. -- ADD} The director may maintain without charge or defray the expense of care and treatment of such poor or indigent persons as are {DEL mentally retarded DEL} {ADD developmentally disabled ADD} clients under treatment in accordance with the provisions of this chapter who are residents of this state and proper subjects of state aid, who may have been admitted to any facility under the provisions hereof, and are not eligible for any other federal and/or state financial assistance.

{ADD 40.1-22-22. Guardians ad litem. -- ADD} (1) At any hearing hereunder, the court may appoint guardians ad litem to represent any client in matters of admission or retentions under the provisions of this law. It shall be the duty of the guardian ad litem to make an investigation of the facts, and to report the facts to the court with his or her recommendations, if any.

(2) The guardian ad litem shall be paid for his or her services, in an amount to be approved by the court, and the guardian ad litem's services shall be paid from the estate of the client, or if so ordered by the court, shall be paid by the state and reimbursement shall be had by the state from the estate and assets of the {DEL mentally retarded DEL} {ADD developmentally disabled ADD} person in the manner as reimbursement for care and treatment is had by the state.

{ADD 40.1-22-23. Emergency medical or surgical care. -- ADD} Whenever it shall be brought to the attention of the person in charge of a facility, that a client who is resident in that facility is in need of emergency medical and/or surgical care and treatment on the written advice of a physician licensed to practice in Rhode Island, {DEL and if the resident is under eighteen (18) years, the parent or guardian shall authorize in writing the medical or surgical care. DEL} {ADD and if ADD} the client is eighteen (18) years of age or older, the client shall be the sole person able to authorize the treatment in writing. If it shall be brought to the attention of the official in charge of the facility that the client is unable to comprehend or understand the treatment to which he or she is voluntarily consenting, or because of his or her medical condition is not able to voluntarily consent, or in the case of a minor the parents or guardian after due diligence cannot be located, and only in those events shall the official in charge of the facility be authorized to sign a consent to authorize emergency treatment on behalf of the client. The signed consent by the official shall be considered valid, and as if the client shall voluntarily and with full understanding have him or herself signed the consent.

{DEL 40.1-22-24. Service of process on clients. -- DEL} {DEL No civil process or notice shall be served upon any client, unless the officer or person charged with the service shall apply to the person or superintendent in charge of the facility where the client is in residence, and receive a statement from said person that service of the process or notice will not be injurious to the mental health of the client, and the statement shall be annexed to his or her return of service. In the event that the physician in charge shall state that it would be injurious to the mental health of the client, the process or notice shall not be served on the client and the statement shall be set forth in his or her return, and the court shall order notice of the process or notice to be published and shall appoint a guardian ad litem to represent the interests of the client, whether the client be otherwise represented or not. DEL}

{ADD 40.1-22-25. Conspiracy to commit person improperly. -- ADD} Any person who willfully conspires with any other person unlawfully or improperly to cause to be admitted to any facility as {DEL mentally retarded DEL} {ADD developmentally disabled ADD} any person who is not {DEL mentally retarded DEL} {ADD developmentally disabled ADD} as herein defined shall, on conviction therefor be fined not exceeding five thousand dollars ($5,000) or imprisoned not exceeding five (5) years at the discretion of the court.

{ADD 40.1-22-26. Deprivation of rights. -- ADD} Any person who willfully withholds from or denies to any person admitted to a facility as herein defined any of his or her rights as herein granted shall, on conviction thereof, be fined not exceeding two thousand dollars ($2,000) or imprisoned not exceeding two (2) years at the discretion of the court.

{ADD 40.1-22-27. Disciplinary action against employees. -- ADD} Any employee of any facility who shall deny to or withhold from any client any right granted him or her by law shall, independently of the above criminal sanctions, be subject to such disciplinary action as the director {ADD of the facility ADD} shall see fit to impose, after notice, hearing, and a finding of violation of a right.

{ADD 40.1-22-28. Severability. -- ADD} If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgment shall have been rendered.

{ADD 40.1-22-29. Applicability to acts done, rights accrued, or orders prior to enactment of chapter. -- ADD} Nothing contained in this chapter shall affect or impair the validity of any act done or right accruing, accrued or acquired, or any order, judgment, or status established prior to the enactment thereof.

{DEL 40.1-22-30. Retention at a facility other than a retardation facility in certain circumstances. -- DEL} {DEL (a) In the case of a person alleged to be mentally retarded where admission to a residential facility for the retarded is requested for purposes of ascertaining whether the person is retarded in accordance with section 40.1-22-6, 40.1-22-7, 40.1-22-8, or 40.1-22-9, and this alleged mentally retarded person is believed to be a danger to him or herself or others because of previous criminal convictions, delinquency reports, arrest record, or otherwise by the person or persons making an application for admission solely for purposes of an evaluation, or if the superintendent of a residential facility for the retarded in writing reports his or her inability to assure that the alleged mentally retarded person can be kept in a safe and secure manner during the twenty (20) day period required for evaluation or a period of up to thirty (30) days as ordered by a court of competent jurisdiction as provided in section 40.1-22-31, or upon the superintendent's receipt of an application for admission of an alleged mentally retarded person at the residential facility, then a court of competent jurisdiction may order the retention of such alleged mentally retarded person in a facility, where greater security can be provided, but only for the period required for evaluation, and only for the purposes of assuring the safe and secure retention of the during this evaluation period. DEL}

{DEL (b) Evaluation of the alleged retarded person shall be made by an interdisciplinary team as provided in 40.1-22-3(4), 40.1-22-6 and 40.1-22-31. The team evaluation shall be provided by a facility for the retarded, where the alleged mentally retarded person would otherwise have been admitted for evaluation, and the team report shall be provided within twenty (20) days of the court order to the court ordering the retention, and such other person, or person requesting the evaluation. DEL}

{DEL 40.1-22-31. Evaluation under court order. -- DEL} {DEL (1) Any person under the age of eighteen (18) who is before the family court for any matter may be ordered by the court to the Dr. Joseph H. Ladd Center or any other appropriate state facility, for a period not to exceed thirty (30) days, for an evaluation by an interdisciplinary team to ascertain if this person is mentally retarded, and for any necessary recommendations by the team concerning this person's education, rehabilitation, training, and care. After such courtordered retention for evaluation purposes, the judge shall forthwith set the matter down for a hearing no sooner than twenty-one (21) days nor later than thirty (30) days from the date of the court-ordered retention. The report of the interdisciplinary evaluation team shall be given to the family court within twenty (20) days of the courtordered retention. DEL}

{DEL (2) Any person eighteen (18) years or older, who is before the district court for any matter and who the court believes is mentally retarded, may be ordered by the court to the Dr. Joseph H. Ladd Center or any other appropriate state facility for a period not to exceed thirty (30) days for an evaluation by an interdisciplinary team to ascertain if this person is mentally retarded, and for any necessary recommendations by the team concerning this person's education, rehabilitation, training, and care. After the courtordered retention for evaluation purposes only, the court shall forthwith set the matter down for a hearing no sooner than twenty-one (21) days nor later than thirty (30) days from the date of the courtordered retention. The report of the interdisciplinary evaluation team shall be given to the district court within the twenty (20) days of the courtordered retention. DEL}

{DEL (3) It shall be the duty of the evaluation team to include in its report one of three (3) following recommendations: DEL}

{DEL (a) That the person is retarded and is so functionally dependent that he or she would benefit by continued retention at a state residential facility for the retarded; or DEL}

{DEL (b) That the person is retarded but would substantially benefit by placement in community programs for the retarded; or DEL}

{DEL (c) That the person is not retarded. DEL}

{DEL The report shall include such other facts and detailed recommendations as are necessary and appropriate for thorough consideration of the individual being evaluated. DEL}

{DEL (4) If the recommendation of the evaluation team is that the person would benefit by being retained as a resident in a state facility for the retarded then the court shall either confirm the retention within the original period of thirty (30) days of the courtordered retention, or the person shall forthwith be discharged at the end of this thirty (30) day period of retention for evaluation purposes. DEL}

{DEL (5) Any courtordered retention, whether issuing from family court, or district court shall be subject to judicial review as provided in section 23-43.1-10. DEL}