§ 40.1-22-19 - Aliens and nonresidents.
SECTION 40.1-22-19
§ 40.1-22-19 Aliens and nonresidents.– (a) The director shall be responsible for the investigation and examination ofall alien and nonresident persons who are developmentally disabled in anyfacility under the jurisdiction of the department of health, department ofhuman services or elsewhere if admitted pursuant to the provisions of thischapter, and to attend to the deportation or removal of such persons to theirrespective countries or places of residence.
(b) The director may make reciprocal agreements with otherstates or political subdivisions thereof to provide for prompt humane returnunder proper supervision of developmentally disabled residents of other statesor political subdivisions thereof.
(c) In the case of nonresidents the director shall cause themto be removed to the state of their residence, except that he or she may deferthe action where the removal would cause the developmentally disabled personundue hardship unless the interests of the state and other clients would bematerially harmed by the deferment.
(d) The director shall designate such person or persons asdeemed necessary to accompany clients, unless it be certified by the directorthat clients are in a condition to travel alone in safety.
(e) The director in his or her discretion may, upon therequest of any developmentally disabled person resident in a facility or uponthe written consent of a relative, legal representative, or qualified friend,remove the person to any country, other state, or place in which he or she mayproperly belong.
(f) For the purposes of this section the director, or his orher duly designated representative acting in his or her behalf in the matter,shall have the power to administer oaths, hold hearings, take testimony, issuesubpoenas duces tecum, subpoena, and compel the attendance of witnesses who mayhave information in respect to the residence of the developmentally disabledperson under investigation. Subpoenas issued under this section shall beregulated by civil practice law and rules.