§ 40.1-22-3 Definitions. – Whenever used in this chapter, or in any order, rule, or regulation made orpromulgated pursuant to this chapter, or in the printed forms prepared by thedirector, unless otherwise expressly stated, or unless the context or subjectmatter otherwise requires:
(1) "A qualified mental retardation professional (QMRP)"means a person as defined in 42 CFR 483.430, as amended.
(2) "Client" means any developmentally disabled adult who isin potential need, or is receiving services aimed at alleviating his or hercondition of functional dependence.
(3) "Department" means the department of mental health,retardation, and hospitals.
(4) "Development, education, rehabilitation, and care" meansphysical development, application of these abilities to meaningful occupations,development of personal and social skills, all of which are directed to theobjective of independent living and self-maintenance. Care also includesmedical care, surgical attendance, medication, as well as food, clothing,supervision, and maintenance furnished to a resident.
(5) "Director" means the director of the department of mentalhealth, retardation, and hospitals or his or her designees.
(6) "Facility" means any public or private facility,inpatient rehabilitation center, hospital, institution, or other domiciliaryfacility, the office of developmental disabilities or any part thereof,equipped to habilitate, on a residential basis, persons who are developmentallydisabled and in need of residential care. This shall include any facilitymaintaining adequate staff and facilities within the state providingin-residence supervision and habilitation and approved by the director uponapplication of the facility. Included within this definition shall be allinstitutions and facilities under the control and direction of the director.Nothing contained herein shall be construed to amend or repeal any of theprovisions of chapters 17 or 17.4 of title 23, or of chapter 15 of title 40, orof chapter 21 of this title or of chapter 72.1 of title 42. Whenever it shallbe brought to the attention of the director that any private facility may nothave adequate staff, or facilities as determined by regulations of thedirector, then the facility shall not be approved for the placement ofdevelopmentally disabled adults under the provisions of this chapter.
(7) "Notice" means written notice in as simple andnon-technical language as practicable as required by the department, or thecourt of competent jurisdiction. The notice shall be in writing to the directorof the department by registered or certified mail, return receipt required.Notice sent to a client shall also include verbal reading of the written noticeby duly authorized agents of the department, and/or court. The agents shallmake verified return of the oral notification as well as the written. Thisrequirement of oral notice to anyone alleged to be developmentally disabledshall be required because of the recognized limitation that many retarded anddevelopmentally disabled persons are unable to comprehend written notices.
(8) "Objection." If an objection is raised it shall be inwriting, of a timely nature, and filed with the clerk of the family or districtcourt, a copy of which is to be sent to the director of the department viaregistered or certified mail, return receipt requested.
(9) "Parent" means the natural, adoptive, foster parent orcaretaker of the child.
(10) "Team" means an interdisciplinary team which includessuch professional personnel designed by the director and which shall consist ofno less than three (3) persons selected by order of the director, no less thanone of whom shall be a licensed physician, no less than one of whom shall be amember of the social work profession, and no less than one of whom shall be aqualified mental retardation professional (QMRP).
§ 40.1-22-3 Definitions. – Whenever used in this chapter, or in any order, rule, or regulation made orpromulgated pursuant to this chapter, or in the printed forms prepared by thedirector, unless otherwise expressly stated, or unless the context or subjectmatter otherwise requires:
(1) "A qualified mental retardation professional (QMRP)"means a person as defined in 42 CFR 483.430, as amended.
(2) "Client" means any developmentally disabled adult who isin potential need, or is receiving services aimed at alleviating his or hercondition of functional dependence.
(3) "Department" means the department of mental health,retardation, and hospitals.
(4) "Development, education, rehabilitation, and care" meansphysical development, application of these abilities to meaningful occupations,development of personal and social skills, all of which are directed to theobjective of independent living and self-maintenance. Care also includesmedical care, surgical attendance, medication, as well as food, clothing,supervision, and maintenance furnished to a resident.
(5) "Director" means the director of the department of mentalhealth, retardation, and hospitals or his or her designees.
(6) "Facility" means any public or private facility,inpatient rehabilitation center, hospital, institution, or other domiciliaryfacility, the office of developmental disabilities or any part thereof,equipped to habilitate, on a residential basis, persons who are developmentallydisabled and in need of residential care. This shall include any facilitymaintaining adequate staff and facilities within the state providingin-residence supervision and habilitation and approved by the director uponapplication of the facility. Included within this definition shall be allinstitutions and facilities under the control and direction of the director.Nothing contained herein shall be construed to amend or repeal any of theprovisions of chapters 17 or 17.4 of title 23, or of chapter 15 of title 40, orof chapter 21 of this title or of chapter 72.1 of title 42. Whenever it shallbe brought to the attention of the director that any private facility may nothave adequate staff, or facilities as determined by regulations of thedirector, then the facility shall not be approved for the placement ofdevelopmentally disabled adults under the provisions of this chapter.
(7) "Notice" means written notice in as simple andnon-technical language as practicable as required by the department, or thecourt of competent jurisdiction. The notice shall be in writing to the directorof the department by registered or certified mail, return receipt required.Notice sent to a client shall also include verbal reading of the written noticeby duly authorized agents of the department, and/or court. The agents shallmake verified return of the oral notification as well as the written. Thisrequirement of oral notice to anyone alleged to be developmentally disabledshall be required because of the recognized limitation that many retarded anddevelopmentally disabled persons are unable to comprehend written notices.
(8) "Objection." If an objection is raised it shall be inwriting, of a timely nature, and filed with the clerk of the family or districtcourt, a copy of which is to be sent to the director of the department viaregistered or certified mail, return receipt requested.
(9) "Parent" means the natural, adoptive, foster parent orcaretaker of the child.
(10) "Team" means an interdisciplinary team which includessuch professional personnel designed by the director and which shall consist ofno less than three (3) persons selected by order of the director, no less thanone of whom shall be a licensed physician, no less than one of whom shall be amember of the social work profession, and no less than one of whom shall be aqualified mental retardation professional (QMRP).
§ 40.1-22-3 Definitions. – Whenever used in this chapter, or in any order, rule, or regulation made orpromulgated pursuant to this chapter, or in the printed forms prepared by thedirector, unless otherwise expressly stated, or unless the context or subjectmatter otherwise requires:
(1) "A qualified mental retardation professional (QMRP)"means a person as defined in 42 CFR 483.430, as amended.
(2) "Client" means any developmentally disabled adult who isin potential need, or is receiving services aimed at alleviating his or hercondition of functional dependence.
(3) "Department" means the department of mental health,retardation, and hospitals.
(4) "Development, education, rehabilitation, and care" meansphysical development, application of these abilities to meaningful occupations,development of personal and social skills, all of which are directed to theobjective of independent living and self-maintenance. Care also includesmedical care, surgical attendance, medication, as well as food, clothing,supervision, and maintenance furnished to a resident.
(5) "Director" means the director of the department of mentalhealth, retardation, and hospitals or his or her designees.
(6) "Facility" means any public or private facility,inpatient rehabilitation center, hospital, institution, or other domiciliaryfacility, the office of developmental disabilities or any part thereof,equipped to habilitate, on a residential basis, persons who are developmentallydisabled and in need of residential care. This shall include any facilitymaintaining adequate staff and facilities within the state providingin-residence supervision and habilitation and approved by the director uponapplication of the facility. Included within this definition shall be allinstitutions and facilities under the control and direction of the director.Nothing contained herein shall be construed to amend or repeal any of theprovisions of chapters 17 or 17.4 of title 23, or of chapter 15 of title 40, orof chapter 21 of this title or of chapter 72.1 of title 42. Whenever it shallbe brought to the attention of the director that any private facility may nothave adequate staff, or facilities as determined by regulations of thedirector, then the facility shall not be approved for the placement ofdevelopmentally disabled adults under the provisions of this chapter.
(7) "Notice" means written notice in as simple andnon-technical language as practicable as required by the department, or thecourt of competent jurisdiction. The notice shall be in writing to the directorof the department by registered or certified mail, return receipt required.Notice sent to a client shall also include verbal reading of the written noticeby duly authorized agents of the department, and/or court. The agents shallmake verified return of the oral notification as well as the written. Thisrequirement of oral notice to anyone alleged to be developmentally disabledshall be required because of the recognized limitation that many retarded anddevelopmentally disabled persons are unable to comprehend written notices.
(8) "Objection." If an objection is raised it shall be inwriting, of a timely nature, and filed with the clerk of the family or districtcourt, a copy of which is to be sent to the director of the department viaregistered or certified mail, return receipt requested.
(9) "Parent" means the natural, adoptive, foster parent orcaretaker of the child.
(10) "Team" means an interdisciplinary team which includessuch professional personnel designed by the director and which shall consist ofno less than three (3) persons selected by order of the director, no less thanone of whom shall be a licensed physician, no less than one of whom shall be amember of the social work profession, and no less than one of whom shall be aqualified mental retardation professional (QMRP).
