Section 7-801 - Authority of Director. - Maryland Statutes

§ 7-801. Authority of Director.
 

(a)  Findings.- The Director may transfer an individual with developmental disability from a public residential program or a public day program to another public residential program or public day program or, if a private provider of services agrees, to that private program, if the Director finds that: 

(1) The individual with developmental disability either can receive better treatment in, or would be more likely to benefit from treatment at the other program; or 

(2) The safety or welfare of other individuals with developmental disability would be furthered. 

(b)  Residents of other states.- The Director may transfer any individual with developmental disability who is a resident of another state to a residential facility in that state if the Director finds that the transfer is feasible. 

(c)  Written findings required; records.-  

(1) Any finding that the Director makes under subsection (a) or (b) of this section shall be in writing and filed with the record of the individual with developmental disability. 

(2) A copy of the finding and the notice to the private provider of services or program to which the individual with developmental disability is being transferred shall be sent to the proponent of admission, guardian of the person, next of kin, and counsel of the individual with developmental disability. 

(3) The Director shall give the individual with developmental disability the opportunity for a hearing on the proposed transfer under this section. A transfer may not take place until a decision is issued as a result of the hearing. 

(4) The Board of Review of the Department does not have jurisdiction to review the determination of an administrative law judge made pursuant to a hearing under this subtitle. 

(5) The determination of the administrative law judge is a final decision of the Department for the purpose of judicial review of final decisions under Title 10, Subtitle 2 of the State Government Article. 
 

[1986, ch. 636, § 2; ch. 637, § 2; 1991, ch. 76.]