36-560

36-560. Admission

A. Persons shall be admitted to developmental disabilities programs or services
operated by or supported by the department only pursuant to the procedures prescribed in
this chapter. An application for admission shall be submitted on forms provided by the
department in accordance with the rules and procedures adopted by the department.

B. Admission into any developmental disabilities program or service operated by the
department or supported by the department is subject to availability of space in any
program or service and is subject to annual legislative appropriation and other available
funding.

C. A person shall not receive developmental disabilities services unless proof of
the requirements set forth in section 36-559 is provided.

D. An application shall be signed by the responsible person. An admission or
assignment of any client to a program, service or facility shall not be made without the
consent of the responsible person. If an application for admission to a residential
program is made for a client who is fourteen to eighteen years of age and who is capable
of giving voluntary informed consent, that client and the client's parent or guardian
shall jointly apply, unless it appears to the department that the client is manifestly
incapable of giving consent. An adult capable of giving consent may apply for admission
and may be assigned to programs, services or facilities.

E. If an adult applicant applies for admission, or when a minor client served
directly or indirectly by the department becomes eighteen years of age, and the applicant
or client reasonably appears to be impaired by developmental disabilities to the extent
that the person lacks sufficient understanding or capacity to make or communicate
responsible decisions concerning his person, the department shall require that prior to
receiving or continuing to receive developmental disabilities programs or services the
applicant have a guardian appointed pursuant to title 14, chapter 5, or shall have had a
judicial determination made that it is not necessary to appoint a guardian for that
person.

F. There shall be no judicial admissions except pursuant to section 8-242 and as
stipulated in section 36-559, subsection D.

G. No person may be admitted or assigned to any developmental disabilities
facility, program or service unless the person has received a placement evaluation to
determine the need for the developmental disabilities programs and services which are
appropriate for that person and the admittance or assignment is consistent with the
recommendation or placement evaluation. Each placement evaluation shall be governed by
the following conditions:

1. The placement evaluation team shall consist of a group assigned by the
department which shall include a department employee to serve as the case manager, the
parent or guardian of the applicant and appropriate program staff of the department.
Counsel for the applicant and a friend or advocate of the applicant designated in the
application for admission may also attend the evaluation sessions for the applicant.

2. A placement evaluation report shall be prepared within thirty days after the
placement evaluation is initiated which shall recommend the assignment of the applicant
to certain designated types of developmental disabilities programs or services operated
by or supported by the department. In this process the specific assignment request of the
responsible person shall be given strong consideration.

3. A placement evaluation conducted by the department for the purpose of
determining appropriate developmental disabilities programs and services shall not
include an evaluation of a child for placement in a special education program in a school
district.

4. The procedure prescribed in section 36-559, subsection D constitutes a placement
evaluation for the purposes of this chapter.

H. The standards for determining the assignment for the applicant to a particular
service shall be in the best interest of the client, taking into consideration the age,
the degree or type of developmental disability, the presence of other handicapping
conditions of the applicant, the ability to provide the applicant with the maximum
opportunity to develop the person's maximum potential, to provide a minimally structured
residential program and environment for the applicant and to provide a safe, secure and
dependable residential and program environment for the applicant and the particular
desires of the applicant. In making this determination, the placement evaluation team
shall consider the reports of all previous placement-type evaluations performed for such
applicant, the medical and program history of the applicant and the services and programs
available from this state, contractors of this state and other providers.

I. After the placement evaluation report has been issued and the responsible person
accepts the assignment of all programs or services, the department shall enroll the
applicant in the programs or services within thirty days, subject to the provisions of
subsection B of this section. If the applicant cannot be enrolled within thirty days,
written and oral notice, subject to the requirements of section 36-551.01, subsection P,
shall be given to the applicant and the responsible person, within ten days of the
department's determination that the applicant cannot be enrolled, informing such persons
of the department's determination. The notice shall also include the appropriate
procedures, which the applicant or the responsible person should follow to assure that
the applicant is enrolled.

J. The department may attach conditions to the direct or indirect provision of
services with which the client would be required to comply in order to receive the
services. These conditions may include requiring the client to participate in appropriate
day programs as a condition of providing residential services and residential facilities.
A client assigned to a residential program may be required to assist in daily housework
in maintaining the facility as part of the client's individual program.

K. The department may refuse to provide specific services that are requested by the
client but that are not recommended for the client as a result of the evaluation.

L. Application for admission shall be one of the following types:

1. "Regular admission" for placement of a developmentally disabled person for
developmental disabilities programs and services after a placement evaluation has been
conducted for such person.

2. "Emergency admission" for placement of a developmentally disabled person when
there is an immediate and compelling need for short-term developmental disabilities
programs and services.

M. Regular admission shall be permitted only after a placement evaluation has been
conducted and only if space is available at the facility or in the program or service in
which placement is requested.

N. Emergency admission for developmentally disabled applicants shall be permitted
even though a placement evaluation has not been performed, if:

1. Space is available at the facility or in the program or service in which
placement is requested.

2. The department determines that the facility, program or service will meet the
needs of the client.

3. The client has an urgent need for short-term placement and care which the
facility, program or service provides and is otherwise eligible for services pursuant to
the requirements set forth in section 36-559.

O. Developmental disabilities programs and services may be provided to a
developmentally disabled person admitted pursuant to an emergency admission for a period
not to exceed sixty consecutive days following admission or until a placement evaluation
is performed, whichever period first occurs.