36-565. Periodic evaluations of developmentally
disabled persons
A. Evaluations of the client's placement shall be made at six-month intervals after
a developmentally disabled client has been enrolled in a developmental disabilities
program or services operated by or supported by the department. The department, upon
such evaluation, shall recommend to the responsible person any change in the
developmental disabilities program or service for the developmentally disabled person, in
accordance with the results of such evaluations.
B. If an evaluation has been conducted, and it is determined that the client is in
a program or service no longer appropriate to his individual needs or that he can be
better treated and habilitated in another facility, program or service, the department
shall transfer the client to another developmental disabilities program or service or
terminate the client from the developmental disabilities program or service pursuant to
this chapter or the department may recommend additional services for the client as
reported by the evaluation, and enroll the client in such additional services.
C. The client, parent and guardian shall be given thirty days written notice of the
proposed transfer, termination or substantial change of services under this chapter. The
client, parent and guardian shall also be informed in writing of the right to an
administrative review pursuant to section 36-563 for the purposes of contesting the
proposed action. If an administrative review is requested, no transfer, termination or
substantial change of services shall be made until the decision resulting from the review
is issued.
D. The department shall establish rules and regulations concerning the standards of
placement of clients from one program setting to another.
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