§ 40.1-24-1. Definitions.
As used in this chapter:
(1) "Adult foster home� means a private family living arrangement that, through financial
support from the parent deinstitutionalization subsidy aid program, provides housing
and supervision to two (2) or more persons with mental illness, addiction/substance
abuse disorders, or who are persons with developmental disabilities or otherwise eligible
under § 40.1-1-10.1. Foster homes serving fewer than two (2) adults, foster home situations wherein the
foster parents are natural or adoptive parent(s) or grandparents, and any facility
licensed by the department of children, youth and families shall be excluded for the
purposes of this chapter.
(2) "Community residence� means any home or other living arrangement that is established,
offered, maintained, conducted, managed, or operated by any person for a period of
at least twenty-four (24) hours, where, on a twenty-four (24) hour basis, direct supervision
is provided for the purpose of providing rehabilitative treatment, habilitation, psychological
support, and/or social guidance for three (3) or more persons with mental illness,
addiction/substance abuse disorders, or who are persons with developmental disabilities
or cognitive disabilities such as brain injury. The facilities shall include, but
not be limited to, group homes, halfway houses, and fully supervised apartment programs.
Semi-independent living programs, foster care, and parent deinstitutionalization subsidy
aid programs shall not be considered community residences for the purposes of this
chapter.
(3) "Day-treatment program� means any nonresidential facility that is established, offered,
maintained, conducted, managed, or operated by any person for a period of less than
twenty-four (24) hours to provide therapeutic intervention to persons with mental
illness, addiction/substance abuse disorders, or who are persons with developmental
disabilities or cognitive disabilities such as brain injury. These shall include,
but not be limited to, outpatient programs for persons with mental illness, addiction/substance
abuse disorders or who are persons with developmental disabilities or cognitive disabilities
such as brain injury.
(4) "Deemed status� means acceptance by the department of accreditation granted by a national
accreditation organization that has been recognized and approved by the department,
including, but not limited to, the joint commission, the commission on accreditation
of rehabilitation facilities, or the council on accreditation. Accreditation by a
national accreditation organization that has been approved by the department shall
serve as evidence of compliance with some or all of the department's rules and regulations
for license renewal, as promulgated under § 40.1-24-9.
(5) "Department� means the department of behavioral healthcare, developmental disabilities
and hospitals.
(6) "Facility� means any community residence, day-treatment program, rehabilitation program,
public or private, excluding hospitals or units within hospitals for persons with
mental illness, addiction/substance abuse disorders or who are persons with developmental
disabilities or cognitive disabilities such as brain injury providing program services
that do not constitute medical or custodial care, but do offer rehabilitation, habilitation,
psychological support, and social guidance.
(7) "Habilitation program� means any nonresidential facility that is established, offered,
maintained, conducted, managed, or operated by any person for a period of less than
twenty-four (24) hours to provide training in basic daily living skills and developmental
activities, prevocational skills and/or vocational training and placement, and follow-up
for people with mental illness, addiction/substance abuse disorders or who are persons
with developmental disabilities or cognitive disabilities such as brain injury. These
shall include, but not be limited to, early intervention, adult development, work
activities, sheltered workshops, advanced workshops, and job development and training
programs. Sheltered workshops not exclusively for people with mental illness, addiction/substance
abuse disorders or who are persons with developmental disabilities or cognitive disabilities
such as brain injury shall be excluded for the purposes of this chapter.
(8) "Person� means any individual, governmental unit, corporation, company, association,
or joint stock association and the legal successor thereof.
(9) "Program� means a planned service-delivery system structured to provide specific components
that are responsive to the needs of those served.
(10) "Rehabilitation program� means any facility, that is established, offered, maintained,
conducted, managed, or operated by any person to provide restorative therapy and/or
training to persons with mental illness, addiction/substance abuse disorders or who
are persons with developmental disabilities or cognitive disabilities such as brain
injury. These shall include, but not be limited to, community mental health centers.
Sheltered workshops not exclusively for people with mental illness, addiction/substance
abuse disorders or who are persons with developmental disabilities or cognitive disabilities
such as brain injury shall be excluded for the purposes of this chapter.