Louisiana Revised Statutes 28:454.10 – Transfer of persons with developmental disabilities
Terms Used In Louisiana Revised Statutes 28:454.10
- Court: means any duly constituted district court or court having family or juvenile jurisdiction. See Louisiana Revised Statutes 28:2
- Department: means the Louisiana Department of Health. See Louisiana Revised Statutes 28:451.2
- Developmental disabilities services: means programs, services, and supports for persons with developmental disabilities that include but are not limited to information and referral services, support coordination services, system entry services, development of the support profiles and plans, individual and family support services, living options, habilitation services, and vocational services. See Louisiana Revised Statutes 28:451.2
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Living options: means a variety of service settings wherein people with developmental disabilities live, including but not limited to extended family living, supported living, community homes, group homes, and residential facilities. See Louisiana Revised Statutes 28:451.2
- Person: means a person with a developmental disability. See Louisiana Revised Statutes 28:451.2
- Services: means developmental disability services. See Louisiana Revised Statutes 28:451.2
- System: means the developmental disabilities services system. See Louisiana Revised Statutes 28:451.2
- Transfer: means the removal of a patient from one mental institution to another without any procedure for admission other than is prescribed by the department. See Louisiana Revised Statutes 28:2
The department shall develop procedures for handling requests for transfers and oppositions to transfers.
(1) No transfer shall occur without prior notice to the person receiving services, his curator, tutor, or other legal guardian and any other person of his choice.
(2) In the case of an involuntary admission, notice shall also be provided to the committing court of the proposed transfer.
(3) Such transfer shall be in accordance with applicable federal laws, regulations and interagency agreements.
(4) A temporary change in residential living options for specialized services not otherwise available shall not be considered a transfer for the purposes of this Section.
(5) Subject to applicable federal and state laws and regulations, the department shall have the authority to transfer persons placed in its custody and the office shall have the authority to transfer any person receiving developmental disabilities services within or from the Developmental Disabilities Services System.
Acts 2005, No. 128, §1, eff. June 22, 2005.