633.120. Referral for admission to facility, when--admission or rejection, appeal--consent.
Referral for admission to facility, when--admission or rejection,appeal--consent.
633.120. 1. A regional center may refer a client foradmission to a mental retardation facility only if determined bya comprehensive evaluation that:
(1) The person has a developmental disability;
(2) Protective services are required to guarantee thehealth, safety or mental well-being of the person;
(3) Placement in a mental retardation facility is in thebest interests of the person; and
(4) All other less restrictive services, including but notlimited to family support and supported living, have beenexplored and found inadequate to prevent placement in a mentalretardation facility.
2. The regional center shall forward its comprehensiveevaluation containing the determination under subsection 1 ofthis section and such other records as are necessary to enablethe mental retardation facility to determine whether to acceptor reject the referral.
3. The head of a private mental retardation facility may,and the head of a department mental retardation facility shall,admit the person if, as a result of reviewing the evaluation,the head of the mental retardation facility determines that theclient is appropriate for admission as a resident and suitableaccommodations are available. If the head of a departmentmental retardation facility rejects the referral, the regionalcenter may appeal the rejection to the division director. Afterconsulting with the head of the referring regional center andthe head of the department mental retardation facility, thedivision director shall determine the appropriate disposition ofthe client.
4. The person to be admitted, if competent, his parent orlegal custodian, if he is a minor, or his guardian, asauthorized by a court, shall consent to the admission unlessotherwise ordered by a court.
5. The head of a mental retardation facility shall have anindividualized habilitation plan for each resident within thirtydays of the resident's admission. Such plan shall include astatement regarding the resident's anticipated length of stay inthe facility and the feasibility of least restrictivealternatives.
6. If procedures are initiated under chapter 475, RSMo, forthe appointment of a guardian for a resident of a departmentmental retardation facility, the referral procedure under thissection shall not apply.
(L. 1980 H.B. 1724, A.L. 1990 H.B. 1383)Effective 1-1-91