| §5003. System of care for persons with mental retardation or |
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| autism who receive services from the department |
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| | 1. System of care. The Legislature declares that the system | of care, through which the State provides services to and | programs for mentally retarded persons, shall with mental | retardation or autism must be designed not only to protect the | integrity of the legal and human rights of these persons, but | also to meet the needs of these persons. |
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| | 2. Responsibilities of the department. To facilitate the | development of maintain a system that meets the needs of persons | with mental retardation or autism, the commissioner shall: |
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| A. Provide a mechanism for the identification, evaluation, | treatment and reassessment of and the provision of services | to persons with mental retardation, including an | habilitation program for every client served by the | department or autism; |
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| B. Divert mentally retarded persons from institutional | care, whenever professional diagnosis and evaluation, the | personal preference of the client or the client's legal | guardian, and the availability of appropriate these persons | should be placed in community environments and programs Fund | appropriate community environments and programs for persons | with mental retardation or autism.__In so doing, the | department shall consider the personal preference of the | client or the client's legal guardian and, when appropriate, | utilize professional diagnosis and evaluation.__The | department shall continuously retain the services of persons | experienced, skilled and trained in the development of | housing and employment resources sufficient to meet the | needs of its clients; |
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| C. Provide Fund programs, so far as resources permit, for | the proper habilitation providing assistance and treatment | of mentally retarded to persons with mental retardation or | autism that include, but are not limited to, comprehensive | medical care, education, recreation, physical therapy, | training, social services and habilitation and | rehabilitation services suited to the needs of the | individual regardless of age, degree of retardation, | handicapping condition or ability to pay; |
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| D. Work toward effectuating the normalization principle through | the establishment of community services for the mentally retarded | person as a viable and practical alternative to institutional | care at each stage of individual life development, but, if care | in an |
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