§ 40.1-1-10 - Parent deinstitutionalization subsidy aid program.
SECTION 40.1-1-10
§ 40.1-1-10 Parent deinstitutionalizationsubsidy 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 financialassistance or subsidy aid to the qualified parent applicant as defined in thischapter, who is found and certified to be qualified by the director of mentalhealth, retardation, and hospitals to receive and take into his or her care,custody, and control a person under the legal authority and control of thedirector of mental health, retardation, and hospitals who is and has been aresident or patient of the Dr. Joseph H. Ladd Center, the Dr. U.E. ZambaranoMemorial 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 forplacement in the Dr. Joseph H. Ladd Center, Dr. U.E. Zambarano MemorialHospital or the institute of mental health or the general hospital for a periodof time not less than ninety (90) days, or would be a resident or patient ofone of the facilities listed in this section for a period of ninety (90) daysor more if a specialized community program were not developed to meet theperson's particular and/or unique needs.
(b) The general assembly hereby finds that such a parentdeinstitutionalization program would promote the general welfare of thecitizens of the state and further the purpose of providingdeinstitutionalization care, treatment, and training for the institutionalizedperson and subsidy aid to the qualified parent applicant of theinstitutionalized person. It is further found that the program is establishedfor the purpose of providing subsidy aid to assist and make availablenon-institutional care, support, and training when it is found to be in thebest interests of the health and welfare of the institutionalized person andwhere that placement may be made and certified by the director of mentalhealth, retardation, and hospitals to the qualified parent applicant.
(c) The director of mental health, retardation, and hospitalsis hereby vested with the authority to promulgate such rules and regulations asare deemed necessary and in the public interest to establish and place intooperation the parent deinstitutionalization program and authorize the paymentof subsidy aid to the qualified parent applicant who receives into his or hercare, custody, and control a person under the legal authority and control ofthe director of mental health, retardation and hospitals who is or has been aresident or patient of the Dr. Joseph H. Ladd Center, the Dr. U.E. ZambaranoMemorial Hospital, at the institute of mental health or the general hospital ora resident or patient in an out-of-state institution who would have beeneligible for placement in the Dr. Joseph H. Ladd Center, Dr. U.E. ZambaranoMemorial Hospital, or the institute of mental health, or the general hospital.
(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 requirementsfor the qualification and certification of the parent applicant applying forsubsidy aid under this chapter;
(2) The establishment of eligibility and other requirementsfor the qualification and certification of a person to be removed and placedfrom the Dr. Joseph H. Ladd Center or Dr. U.E. Zambarano Memorial Hospital, orthe institute of mental health or the general hospital, under this program asset forth in this chapter or a resident or patient in an out-of-stateinstitution 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 theparent applicant to which the program applies as may be deemed reasonable andin the public interest;
(4) The establishment of such licensing, regulating,inspection, monitoring, investigation, and evaluation standards andrequirements for the placement, care, support, custody, and training of theperson as are deemed reasonable and in the public interest under this chapter;
(5) The periodic inspection, review, and evaluation of thecare, support, and treatment afforded the person placed in the home of thequalified parent applicant under this program and the making and implementationof such recommendations as are deemed necessary for the continued health,safety, and welfare of the person in accordance with the provisions of thischapter;
(6) The establishment and implementation of such otherstandards, safeguards, and protections as are deemed necessary and in thepublic interest to protect the health, safety, and welfare of the person placedunder the program or in determining and certifying initial and/or continuingeligibility requirements as the director of the department of mental health,retardation, and hospitals shall in his or her discretion deem to be necessaryand appropriate including specifically the authority to recall and return thechild or adult to the custody and control of the state and the director ofmental health, retardation, and hospitals into any such care or placementprogram as the director may in his or her discretion order and direct,including therein summary removal from the custody of the qualified parentapplicant and return to the state institution or out-of-state institution.
(e) For the purpose of this chapter the words "qualifiedparent applicant" shall mean any natural parent, adoptive parent, or fosterparent or both natural parents jointly, both adoptive parents jointly, or acourt appointed guardian or both foster parents jointly, or as defined by rulesor regulations established by the department of mental health, retardation, andhospitals who may apply for inclusion in the mental health, retardation, andhospitals deinstitutionalization subsidy aid program as set forth in thischapter. For the situation where the natural or adoptive parents are divorcedor separated, or where one of the parents is deceased, the words "parent" or"parent applicant" shall mean the parent legally having or giving custody tothe person who may apply for inclusion in mental health, retardation, andhospitals deinstitutionalization subsidy aid program as set forth in thischapter.
(f) For the purpose of this chapter the words "subsidy aid"shall mean payment or continued payment to a parent applicant pursuant to therules and regulations established by the director of mental health,retardation, and hospitals for deinstitutionalization subsidy aid program asset forth in this chapter.