LD 2212
pg. 4
Page 3 of 23 An Act to Revise Laws Regarding Persons with Mental Retardation Page 5 of 23
Download Bill Text
LR 1093
Item 1

 
§5003. System of care for persons with mental retardation or

 
autism who receive services from the department

 
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.

 
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:

 
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;

 
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;

 
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;

 
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


Page 3 of 23 Top of Page Page 5 of 23