Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES HEADING: PL 1995, C. 560, PT. K, §7 (RPR); 2001, C. 354, §3 (AMD)
Chapter 5: MENTAL RETARDATION
Subchapter 3: SERVICES FOR MENTALLY RETARDED PERSONS
Article 3: PROCEDURES
§5478. Continuation of treatment in a facility
1. Authority to continue treatment. A client who has been admitted to a facility by judicial certification, or who has been retained in a facility pursuant to this section, may continue extended care and treatment in that facility for an additional period, not to exceed 2 years, only after judicial certification under section 5474 or after waiver of that process as provided in this section, except that waiver of the judicial certification process is not permitted for any mentally retarded person under public guardianship.
[ 1983, c. 580, §26 (RPR) .]
2. Appointment of counsel. The District Court shall appoint counsel for any indigent client not already represented.
[ 1983, c. 580, §26 (RPR) .]
3. Waiver of judicial certification. A petition to waive judicial certification under section 5475 may be filed in District Court by the client's counsel, who may waive judicial certification under the following conditions.
A. A personal plan or service plan has been agreed to by the chief administrative officer of the facility and the guardian; [2003, c. 389, §20 (AMD).]
B. The guardian has been informed of and understands the nature, purpose and proposed duration of the admission and the provisions of section 5480 regarding the client's right to leave and the limitations on that right; [1983, c. 580, §26 (NEW).]
C. The guardian has consented to the continued extended care and treatment of the client in the facility; and [1983, c. 580, §26 (NEW).]
D. Continued care and treatment is necessary and there is no less restrictive alternative to the care and treatment provided by the facility, consistent with the best interest of the client. [1983, c. 580, §26 (NEW).]
[ 2003, c. 389, §20 (AMD) .]
SECTION HISTORY
1983, c. 459, §7 (NEW). 1983, c. 580, §26 (RPR). 2003, c. 389, §20 (AMD).
Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES HEADING: PL 1995, C. 560, PT. K, §7 (RPR); 2001, C. 354, §3 (AMD)
Chapter 5: MENTAL RETARDATION
Subchapter 3: SERVICES FOR MENTALLY RETARDED PERSONS
Article 3: PROCEDURES
§5478. Continuation of treatment in a facility
1. Authority to continue treatment. A client who has been admitted to a facility by judicial certification, or who has been retained in a facility pursuant to this section, may continue extended care and treatment in that facility for an additional period, not to exceed 2 years, only after judicial certification under section 5474 or after waiver of that process as provided in this section, except that waiver of the judicial certification process is not permitted for any mentally retarded person under public guardianship.
[ 1983, c. 580, §26 (RPR) .]
2. Appointment of counsel. The District Court shall appoint counsel for any indigent client not already represented.
[ 1983, c. 580, §26 (RPR) .]
3. Waiver of judicial certification. A petition to waive judicial certification under section 5475 may be filed in District Court by the client's counsel, who may waive judicial certification under the following conditions.
A. A personal plan or service plan has been agreed to by the chief administrative officer of the facility and the guardian; [2003, c. 389, §20 (AMD).]
B. The guardian has been informed of and understands the nature, purpose and proposed duration of the admission and the provisions of section 5480 regarding the client's right to leave and the limitations on that right; [1983, c. 580, §26 (NEW).]
C. The guardian has consented to the continued extended care and treatment of the client in the facility; and [1983, c. 580, §26 (NEW).]
D. Continued care and treatment is necessary and there is no less restrictive alternative to the care and treatment provided by the facility, consistent with the best interest of the client. [1983, c. 580, §26 (NEW).]
[ 2003, c. 389, §20 (AMD) .]
SECTION HISTORY
1983, c. 459, §7 (NEW). 1983, c. 580, §26 (RPR). 2003, c. 389, §20 (AMD).
Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES HEADING: PL 1995, C. 560, PT. K, §7 (RPR); 2001, C. 354, §3 (AMD)
Chapter 5: MENTAL RETARDATION
Subchapter 3: SERVICES FOR MENTALLY RETARDED PERSONS
Article 3: PROCEDURES
§5478. Continuation of treatment in a facility
1. Authority to continue treatment. A client who has been admitted to a facility by judicial certification, or who has been retained in a facility pursuant to this section, may continue extended care and treatment in that facility for an additional period, not to exceed 2 years, only after judicial certification under section 5474 or after waiver of that process as provided in this section, except that waiver of the judicial certification process is not permitted for any mentally retarded person under public guardianship.
[ 1983, c. 580, §26 (RPR) .]
2. Appointment of counsel. The District Court shall appoint counsel for any indigent client not already represented.
[ 1983, c. 580, §26 (RPR) .]
3. Waiver of judicial certification. A petition to waive judicial certification under section 5475 may be filed in District Court by the client's counsel, who may waive judicial certification under the following conditions.
A. A personal plan or service plan has been agreed to by the chief administrative officer of the facility and the guardian; [2003, c. 389, §20 (AMD).]
B. The guardian has been informed of and understands the nature, purpose and proposed duration of the admission and the provisions of section 5480 regarding the client's right to leave and the limitations on that right; [1983, c. 580, §26 (NEW).]
C. The guardian has consented to the continued extended care and treatment of the client in the facility; and [1983, c. 580, §26 (NEW).]
D. Continued care and treatment is necessary and there is no less restrictive alternative to the care and treatment provided by the facility, consistent with the best interest of the client. [1983, c. 580, §26 (NEW).]
[ 2003, c. 389, §20 (AMD) .]
SECTION HISTORY
1983, c. 459, §7 (NEW). 1983, c. 580, §26 (RPR). 2003, c. 389, §20 (AMD).
