Effective 28 Aug 2011

633.120. Referral for admission to facility, when — admission or rejection, appeal — consent. — 1. A regional center may refer a client for admission to a developmental disability facility only if determined by a comprehensive evaluation that:

(1) The person has a developmental disability;

(2) Protective services are required to guarantee the health, safety or mental well-being of the person;

(3) Placement in a developmental disability facility is in the best interests of the person; and

(4) All other less restrictive services, including but not limited to family support and supported living, have been explored and found inadequate to prevent placement in a developmental disability facility.

2. The regional center shall forward its comprehensive evaluation containing the determination under subsection 1 of this section and such other records as are necessary to enable the developmental disability facility to determine whether to accept or reject the referral.

3. The head of a private developmental disability facility may, and the head of a department developmental disability facility shall, admit the person if, as a result of reviewing the evaluation, the head of the developmental disability facility determines that the client is appropriate for admission as a resident and suitable accommodations are available. If the head of a department developmental disability facility rejects the referral, the regional center may appeal the rejection to the division director. After consulting with the head of the referring regional center and the head of the department developmental disability facility, the division director shall determine the appropriate disposition of the client.

4. The person to be admitted, if competent, his parent or legal custodian, if he is a minor, or his guardian, as authorized by a court, shall consent to the admission unless otherwise ordered by a court.

5. The head of a developmental disability facility shall have an individualized habilitation plan for each resident within thirty days of the resident's admission. Such plan shall include a statement regarding the resident's anticipated length of stay in the facility and the feasibility of least restrictive alternatives.

6. If procedures are initiated under chapter 475 for the appointment of a guardian for a resident of a department developmental disability facility, the referral procedure under this section shall not apply.

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(L. 1980 H.B. 1724, A.L. 1990 H.B. 1383, A.L. 2011 H.B. 555 merged with H.B. 648)