§ 40.1-22-9 - Admission upon application of director, relative, or guardian.
SECTION 40.1-22-9
§ 40.1-22-9 Admission upon application ofdirector, relative, or guardian. – (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 ofkin, or legally designated guardian of a person alleged to be developmentallydisabled, and in need of immediate care and treatment, the superintendent orother official in charge of any facility may receive the person; provided theapplication is accompanied by the certificate of one examining physician;provided further, that the person alleged to be developmentally disabled doesnot object to admission, or that parents, guardian, spouse, or next of kin donot object if under eighteen (18); and provided further, that the need forresidential care shall be confirmed by the facility by a team examinationwithin twenty (20) days of admission.
(2) 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§ 40.1-22-10, so far as possible.
(b) If upon examination at the facility by a team the need ofthe client for residential care and treatment is not confirmed, the clientshall be discharged.
(c) If upon examination by a team at the facility the need ofthe client for residential care and treatment is confirmed and the clientagrees to remain in the facility as a voluntary client, then he or she shall beconsidered a voluntary client as of the date of his or her so agreeing.
(d) If upon examination at the facility the need of theclient for residential care and treatment is confirmed and the client, if overeighteen (18), declines or refuses to remain in the facility as a voluntaryclient, then the certificate of a team supporting the application shall befiled with the facility. The team may be on the staff of any facility as hereindefined, but persons on this team shall have no interest, directly orindirectly, in the assets or estate of the person who is mentally retarded, norshall they be related to the person by blood or marriage. The examination andcertification shall be made no later than ten (10) days from the date of theconfirmation of the client's need for hospitalization, care, and treatment atthe facility.
(e) From the time of his or her admission under the previoussubsection, the retention of the person for residential care and treatmentshall be subject to the provisions for notice, hearing, review, and judicialapproval of continued retention or transfer and continued retention as providedin this chapter. For the purposes of subsections (d) and (e) of this section,the date of admission of the client shall be deemed to be the date of thesecond examination and certification.
(f) Failure to obtain the second certificate as requiredwithin the period specified shall result in the discharge of client no laterthan twenty (20) days after his or her original admission to the facility underthe provisions of this chapter.