§ 40.1-22-9. Admission upon application of director, relative, or guardian.
(a)(1) Upon the application of the director of the department of behavioral healthcare, developmental
disabilities and hospitals or the director's designee, or of any relative, next of
kin, or legally designated guardian of a person alleged to be developmentally disabled,
and in need of immediate care and treatment, the superintendent or other official
in charge of any facility may receive the person; provided the application is accompanied
by the certificate of one examining physician; provided further, that the person alleged
to be intellectually or developmentally disabled does not object to admission, or
that parents, guardian, spouse, or next of kin do not object if under eighteen (18);
and provided further, that the need for residential care shall be confirmed by the
facility by a team examination within twenty (20) days of admission.
(2) If objection is raised, by the person, or by the parent, guardian, spouse, or next
of kin, then the matter shall be heard as provided in § 40.1-22-10, so far as possible.
(b) If upon examination at the facility by a team the need of the client for residential
care and treatment is not confirmed, the client shall be discharged.
(c) If upon examination by a team at the facility the need of the client for residential
care and treatment is confirmed and the client agrees to remain in the facility as
a voluntary client, then the person shall be considered a voluntary client as of the
date of the person so agreeing.
(d) If upon examination at the facility the need of the client for residential care and
treatment is confirmed and the client, if over eighteen (18), declines or refuses
to remain in the facility as a voluntary client, then the certificate of a team supporting
the application shall be filed with the facility. The team may be on the staff of
any facility as herein defined, but persons on this team shall have no interest, directly
or indirectly, in the assets or estate of the person with intellectual or developmental
disabilities, nor shall they be related to the person by blood or marriage. The examination
and certification shall be made no later than ten (10) days from the date of the confirmation
of the client's need for hospitalization, care, and treatment at the facility.
(e) From the time of the person's admission under the previous subsection, the retention
of the person for residential care and treatment shall be subject to the provisions
for notice, hearing, review, and judicial approval of continued retention or transfer
and continued retention as provided in this chapter. For the purposes of subsections
(d) and (e) of this section, the date of admission of the client shall be deemed to
be the date of the second examination and certification.
(f) Failure to obtain the second certificate as required within the period specified shall
result in the discharge of the client no later than twenty (20) days after the person's
original admission to the facility under the provisions of this chapter.