State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-241

Part 5. Voluntary Admissions and Discharges, Minors and Adults, Facilities forIndividuals with Developmental Disabilities.

§ 122C‑241.  Admissions.

(a)        Except as providedin subsection (c) of this section an individual with developmental disabilitiesmay be admitted to a facility for the developmentally disabled in order that hereceive care, habilitation, rehabilitation, training, or treatment. Application for admission is made as follows:

(1)        A minor withdevelopmental disabilities may be admitted upon application by both the fatherand the mother if they are living together and, if not, by the parent orparents having custody or by the legally responsible person.

(2)        An adult withdevelopmental disabilities who has been adjudicated incompetent under Chapter35A or former Chapters 33 or 35 of the General Statutes may be admitted uponapplication by his guardian.

(3)        An adult withdevelopmental disabilities who has not been adjudicated incompetent underChapter 35A or former Chapters 33 or 35 of the General Statutes may be admittedupon his own application.

(b)        Prior to admissionto a 24‑hour facility, the individual shall be examined and evaluated bya physician or psychologist to determine whether the individual isdevelopmentally disabled. In addition, the individual shall be examined andevaluated by a qualified developmental disabilities professional no sooner than31 days prior to admission or within 72 hours after admission to determinewhether the individual is in need of care, habilitation, rehabilitation,training or treatment by the facility. If the evaluating professionaldetermines that the individual will not benefit from an admission, theindividual shall not be admitted as a client.

(c)        An admission to anarea or State 24‑hour facility of an individual from a single portal areashall follow the procedures as prescribed in the area plan. When an individualfrom a single portal area presents himself or is presented for admission to aState facility for the mentally retarded directly and is in need of anemergency admission, he may be accepted for admission. The State facility shallnotify the area authority within 24 hours of the admission and further planningof treatment for the individual is the joint responsibility of the areaauthority and the State facility as prescribed in the area plan. (1963,c. 1184, s. 6; 1965, c. 800, s. 12; 1973, c. 476, s. 133; 1977, c. 679, s. 7;1981, c. 51, s. 3; 1983, c. 383, s. 7; 1985, c. 589, s. 2; c. 695, s. 14; 1989,c. 625, s. 22; 1989 (Reg. Sess., 1990), c. 1024, s. 26(d).)