(a)  The director shall be responsible for the investigation and examination of all alien and nonresident persons who are developmentally disabled in any facility under the jurisdiction of the department of health, department of human services or elsewhere if admitted pursuant to the provisions of this chapter, and to attend to the deportation or removal of such persons to their respective countries or places of residence.

Terms Used In Rhode Island General Laws 40.1-22-19

  • Department: means the department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-22-3
  • Director: means the director of the department of behavioral healthcare, developmental disabilities and hospitals or his or her designees. See Rhode Island General Laws 40.1-22-3
  • Facility: means any public or private facility, inpatient rehabilitation center, hospital, institution, or other domiciliary facility, the office of developmental disabilities or any part thereof, equipped to habilitate, on a residential basis, persons who are developmentally disabled and in need of residential care. See Rhode Island General Laws 40.1-22-3
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(b)  The director may make reciprocal agreements with other states or political subdivisions thereof to provide for prompt humane return under proper supervision of developmentally disabled residents of other states or political subdivisions thereof.

(c)  In the case of nonresidents the director shall cause them to be removed to the state of their residence, except that he or she may defer the action where the removal would cause the developmentally disabled person undue hardship unless the interests of the state and other clients would be materially harmed by the deferment.

(d)  The director shall designate such person or persons as deemed necessary to accompany clients, unless it be certified by the director that clients are in a condition to travel alone in safety.

(e)  The director in his or her discretion may, upon the request of any developmentally disabled person resident in a facility or upon the written consent of a relative, legal representative, or qualified friend, remove the person to any country, other state, or place in which he or she may properly belong.

(f)  For the purposes of this section the director, or his or her duly designated representative acting in his or her behalf in the matter, shall have the power to administer oaths, hold hearings, take testimony, issue subpoenas duces tecum, and subpoena and compel the attendance of witnesses who may have information in respect to the residence of the developmentally disabled person under investigation. Subpoenas issued under this section shall be regulated by civil practice law and rules.

History of Section.
P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-19; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2; P.L. 2020, ch. 79, art. 1, § 39.