33-5-301 - Part definitions Admission to developmental center Emergency respite admission Review. - Tennessee Statutes

33-5-301. Part definitions Admission to developmental center Emergency respite admission Review.

(a)  As used in this part, unless the context otherwise requires:

     (1)  “Emergency respite admission” means an admission for up to forty-five (45) days authorized due to an emergency situation that results in the temporary inability of the person who has the care, custody, and control of a person with developmental disability to provide proper care, custody, and control;

     (2)  “Regular voluntary admission” means an admission authorized by an admission review board for a specified period of time;

     (3)  “Respite admission” means an admission for up to forty-five (45) days authorized solely for the purpose of providing a respite for the person having responsibility for the care, custody, and control of a person with developmental disability; and

     (4)  “Short-term training admission” means an admission authorized by a written agreement between a developmental center and an applicant that the center provide services and supports for a person with developmental disability to learn how to perform a certain function or functions for a specified period of time, not exceeding six (6) months, at the end of which the center will discharge the person with developmental disability to the care, custody, and control of the applicant.

(b)  (1)  Under department rules the chief officer of a developmental center, subject to the availability of suitable accommodations and the absence of a less restrictive alternative, may admit for diagnosis, care, training and treatment:

          (A)  A person with developmental disability who applies for voluntary admission and does not lack capacity to apply under § 33-3-218;

          (B)  A child with developmental disability whose parent or legal guardian applies for voluntary admission; or

          (C)  An adult whose conservator applies for voluntary admission.

     (2)  The departments of human services and children's services may apply for respite and emergency respite admission on behalf of a person with developmental disability who is in their custody. Admissions to a developmental center under respite, emergency respite, or short-term training admission, or any combination of these, shall not exceed two hundred twenty-five (225) days within a twelve-month period from the first day of admission in any of the categories. A respite admission, emergency respite admission, short-term training admission, or combination of such admissions shall not be used to circumvent appearance before the admission review board when regular voluntary admission is actually sought or appropriate. No regular voluntary admission shall be based on the premise that it is for a lifetime.

(c)  The admission committee of the developmental center shall informally review a person's emergency respite admission within seven (7) days after the person is admitted. If the review is not done, the admission review board of the center shall hold a hearing to review the propriety of the admission as in the case of regular voluntary admissions and shall make its decision within twenty-five (25) days after the admission.

(d)  Upon receipt of an application for admission, the developmental center shall evaluate the person with developmental disability to assess the person's need for services and supports and the least restrictive alternative available to provide appropriate services and supports to the person. If the evaluation results in a recommendation for a regular voluntary admission and there is an available suitable accommodation, the developmental center will report its findings and recommendations to the admission review board.

[Acts 1975, ch. 248, § 13; 1983, ch. 323, § 10; T.C.A., § 33-501; Acts 1984, ch. 922, § 8; 1988, ch. 828, § 2; 1993, ch. 283, § 1; 1995, ch. 468, § 1; T.C.A., § 33-5-101(b); Acts 2000, ch. 947, § 1.]