§ 25-04-05.1 — Transfer of individuals - Visiting privileges - Release and placement of individuals

North Dakota § 25-04-05.1

• Jurisdiction: North Dakota
• Title 25: Mental and Physical Illness or Disability
• Ch. 25-04: Care of Developmentally Disabled

Text

individuals.
1. The superintendent of the life skills and transition center shall have the right of
temporary transfer of any individual served or noneligible individual, at the life skills
and transition center, to an appropriate hospital or other specialized facility when in the

superintendent's opinion the immediate health and safety of the individual or the
immediate health and safety of others requires the transfer.
2. Subject to reasonable rules for the orderly operation of the life skills and transition
center, any parent, guardian, or legal custodian of the individual served or noneligible
individual shall have the right of visiting and communicating with the individual served
or noneligible individual and authorizing visits and communications with others.
3. The superintendent may authorize the temporary discharge of any individual served or
noneligible individual to the custody of the individual served's or noneligible individual's
parent, guardian, or legal custodian of the individual, or to another person designated
by the parent, guardian, or legal custodian. In the absence of such authorization, any
parent, guardian, or legal custodian of the individual served may formally request, in
writing, the individual served's temporary discharge. The discharge must be granted at
the earliest reasonable opportunity, but not more than thirty days after receipt of a
written application. If a discharge is, or would be, effected contrary to the advice of the
superintendent based on a recent comprehensive evaluation of the individual, the
superintendent shall so advise the parent, guardian, or legal custodian in writing.
4. The superintendent may arrange for the suitable placement of:
a. An individual served outside the life skills and transition center and to discharge
the individual served, provided placement has been preceded by a
comprehensive evaluation. No such placement of an individual served may be
effected until all reasonable efforts have been made to consult with the individual
served's care team and parent, guardian, or legal custodian of the individual
served; and
b. A noneligible individual outside the life skills and transition center or to discharge
the noneligible individual.