reglab/housing_qa huggingface dataset:
LA Rev Stat § 28:454.12 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§454.12. Immunity from liability

RS 454.12 - Immunity from liability Any admissions, detentions, confinements, commitments, discharges, or transfers of persons with developmental disabilities, or the denial of any thereof, in accordance with the provisions of this Chapter, by the department, the office, or its administrative units, its employees, human services authorities and districts, or employees of public or private agencies, with which the department has written agreements, who acted in good faith, reasonably and without negligence, shall be deemed to be administrative acts and such persons are hereby granted immunity from liability for damages arising out of such actions. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:454.13 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§454.13. Failure to obey an order or judgment

RS 454.13 - Failure to obey an order or judgment A. The failure by any facility administrator or director to obey an order or judgment committing a person with developmental disabilities to a public or private residential living option or developmental disability service or both shall not be construed as a contempt of any court, if the failure to obey is due to the inability to comply with the order or judgment because the residential living options or developmental disabilities services, or both, under their authority are not appropriate as defined in this Chapter. B. The department, the office, other providers, and their employees and administrators of residential living options or developmental disabilities services and supports or both shall not be held in contempt of a court because of their refusal to comply with a commitment that is not consistent with the provisions of this Chapter. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:454.14 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§454.14. Criminal matters

RS 454.14 - Criminal matters A. Any person with a developmental disability found not guilty by reason of insanity or found to be presently lacking the mental capacity to proceed to trial may be committed for developmental disabilities services or residential living options, or both, in the manner provided for herein contradictorily with the district attorney and counsel for the defendant. B. Insanity proceedings in any criminal case to determine whether a person is presently mentally capable to proceed to trial or was insane at the time of the commission of the crime are not affected by this Section and shall be in accordance with the Louisiana Code of Criminal Procedure. C. Persons with developmental disabilities who are dangerous to others and who are charged with a crime of violence in accordance with R.S. 14:2(B) and who are committed to the custody of the department shall be admitted only to a residential living option that has available a secure area in order to ensure the safety and well-being of other residents and employees of the residential living option. D. Persons with a developmental disability committed in accordance with the provisions of the Code of Criminal Procedure shall be discharged only in the manner provided by the Code of Criminal Procedure. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:454.15 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§454.15. Grievance procedure

RS 454.15 - Grievance procedure A. A person receiving developmental disabilities supports and services or his responsible party may file a grievance against any public or private provider agency receiving state funding for developmental disabilities services in accordance with the Standards for Payment for Intermediate Care Facilities for People with Developmental Disabilities. B. The department shall promulgate regulations, in accordance with the Administrative Procedure Act, for procedures governing the grievance process for provider agencies receiving state funding for developmental disability services which will include the manner of recourse if the person is not satisfied with the decision resulting from the grievance procedure. C. Such agencies shall maintain and inform persons to whom they are providing supports and services of procedures for resolving grievances on behalf of those persons and of their right to file a grievance without fear of retaliation and to receive a prompt final decision. Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2006, No. 163, §1.
LA Rev Stat § 28:454.16 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§454.16. Appeal procedure

RS 454.16 - Appeal procedure A. A person may file an administrative appeal with the division of administrative law regarding the following determinations: (1) A finding by the office that the person does not qualify for system entry. (2) Termination of a support or service. (3) Discharge from the system. (4) Other cases as stated in office policy or as promulgated in regulation. B. There shall be no retaliation by an agency or the office or department for the filing of an appeal. C. Notice of any appealable determination set forth in Subsection A of this Section by the office or by a public provider agency shall be given to the person receiving supports and services or applying for supports and services, his attorney of record or his responsible party, or all three parties if they are residing at different addresses. D. Written notice shall be given providing the reasons for the decision and shall be sent by certified mail return receipt requested. If receipt is not confirmed, the agency or office must make a reasonable attempt to locate and contact the person and or his responsible party by telephone and then by regular mail. Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2014, No. 812, §1, eff. June 23, 2014.
LA Rev Stat § 28:454.17 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§454.17. Rules and regulations

RS 454.17 - Rules and regulations The office is authorized to establish regulations approved by the department, promulgated in accordance with the requirements of this Chapter and the Administrative Procedure Act. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:454.18 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§454.18. Advertisement and award of lease bid

RS 454.18 - Advertisement and award of lease bid The office and administrative units thereof are exempt from the requirement of R.S. 39:1643, regarding advertisement and award of lease bids, except that such exemption shall only be to lease privately owned buildings or space for the purpose of establishing living options. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:455.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§455.1. Quality standards

RS 455.1 - Quality standards The office shall adopt standards for the quality of developmental disabilities services, shall disseminate those standards to persons with developmental disabilities and their families, stakeholders, and other interested parties, and shall establish mechanisms for feedback on the quality of services from persons with developmental disabilities and their families, stakeholders, and other interested parties. Activities concerning quality standards developed pursuant to R.S. 28:382.1 may be conducted concurrently with the requirements of this Section. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:455.2 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§455.2. Assurances of consistency with local and state planning

RS 455.2 - Assurances of consistency with local and state planning  A. Applicants who plan to utilize state or federal funds for a new developmental disabilities service shall submit an application for review and approval to the office prior to the application to the department for licensure for the new service.  B. The office shall promptly review the application and may approve it according to its consistency with the state and local planning and review for approval of the program model for the population to be served. The provider shall submit the finding of the office as an attachment to its initial request for licensure to the department.  C. The provisions of this Part shall not be construed to conflict with the state planning requirements of Section 1122 of the Social Security Act.  Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2015, No. 20, §1, eff. May 29, 2015.
LA Rev Stat § 28:461 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§461. Findings; policy

RS 461 - Findings; policy A. The Louisiana Legislature hereby finds that there is an urgent and substantial need in this state for all of the following: (1) Enhancements in the development of infants and toddlers with disabilities in order to minimize their potential for developmental delay. (2) Greater recognition of the significant brain development that occurs during a child's first three years of life. (3) A reduction to the educational costs to our society, including costs borne by Louisiana's schools, through minimizing the need for special education and related services after infants and toddlers with disabilities reach school age. (4) Maximization of the potential for individuals with disabilities to live independently in the community. (5) Enhancement of families' capacity to meet the special needs of their infants and toddlers with disabilities. (6) Enhancement of the capacity of state and local agencies and service providers to identify, evaluate, and meet the needs of all children; particularly minority, low-income, inner-city, and rural children, and infants and toddlers in foster care. B. In consideration of the needs described in this Section, it is therefore the policy of Louisiana: (1) To develop and implement a statewide, comprehensive, coordinated, multidisciplinary interagency system that provides early intervention services for infants and toddlers with disabilities and their families. (2) To establish a state system of payments that provides for the collection, facilitation, and coordination of payment for early intervention services from federal, state, local, and private sources, including public and private insurance coverage and cost sharing with those families who qualify. (3) To enhance Louisiana's capacity to provide quality early intervention services and to expand and improve existing early intervention services currently being provided to infants and toddlers with disabilities and their families. (4) To encourage Louisiana to expand opportunities for children under three years of age who would be at risk of having substantial developmental delay if they did not receive early intervention services. Acts 2013, No. 417, §1, eff. June 21, 2013.
LA Rev Stat § 28:463 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§463. Goals

RS 463 - Goals A. Louisiana shall adopt a policy which incorporates all of the components of a statewide system as provided in this Chapter. B. The department shall include in its annual application for federal funds assurances that the statewide system provided for in this Chapter meets federal requirements for such a system and a description of services to be provided in accordance with the provisions of this Chapter. Acts 2013, No. 417, §1, eff. June 21, 2013.
LA Rev Stat § 28:466 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§466. Uses of funds

RS 466 - Uses of funds In addition to utilizing funds provided pursuant to the provisions of this Chapter to implement and maintain the statewide system, the department shall use such funds for the following purposes: (1) For direct early intervention services for infants and toddlers with disabilities and their families as provided in this Chapter that are not otherwise funded through public or private sources. (2) To expand and improve upon services for infants and toddlers and their families as provided in this Chapter that are otherwise available. (3) To strengthen the statewide system by initiating, expanding, or improving collaborative efforts related to at-risk infants and toddlers, including establishing linkages with appropriate public or private community-based organizations, services, and personnel for the purposes of: (a) Identifying and evaluating at-risk infants and toddlers. (b) Making referrals of the infants and toddlers identified and evaluated pursuant to the provisions of Subparagraph (a) of this Paragraph. (c) Conducting a periodic follow-up on each such referral to determine if the status of the infant or toddler involved has changed with respect to the eligibility of the infant or toddler for services pursuant to this Chapter. Acts 2013, No. 417, §1, eff. June 21, 2013.
LA Rev Stat § 28:468 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§468. Payor of last resort; nonsubstitution; reduction of other benefits

RS 468 - Payor of last resort; nonsubstitution; reduction of other benefits A. Funds provided pursuant to this Chapter may not be used to satisfy a financial commitment for services that would have been paid for from another public or private source, including any medical program administered by the Secretary of Defense, but for the enactment of this Chapter; except that whenever considered necessary to prevent a delay in the receipt of appropriate early intervention services by the infant or toddler or family according to the department's established timeline for timely delivery of services, funds provided pursuant to this Chapter may be used to pay the provider of services pending reimbursement from the agency that has ultimate responsibility for the payment. B. Nothing in this Chapter shall be construed to permit the department to reduce medical or other assistance available or to alter eligibility pursuant to Title V of the Social Security Act, relating to maternal and child health, or Title XIX of the Social Security Act, relating to Medicaid for infants or toddlers with disabilities, within the state of Louisiana. Acts 2013, No. 417, §1, eff. June 21, 2013.
LA Rev Stat § 28:475 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§475. Short title

RS 475 - Short title  This Chapter shall be known and may be cited as the "Group Home for Persons Who Have Mental Illness or Developmental Disabilities Act".  Added by Acts 1981, No. 892, §1, eff. Aug. 2, 1981; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
LA Rev Stat § 28:476 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§476. Declaration of policy

RS 476 - Declaration of policy  The legislature hereby declares that it is the policy of this state as declared and established in this Title, particularly in the Developmental Disability Law and the Behavioral Health Law, that persons with mental or physical disabilities are entitled to live in the least restrictive environment in their own community and in normal residential surroundings and should not be excluded therefrom because of their disabilities. The legislature further declares that the provisions of this Chapter are intended to secure to all of the citizens of this state the right to individual dignity as provided in Article I, Section 3 of the Constitution of Louisiana and to protect the rights and promote the happiness and general welfare of the people of this state. To that end, the legislature hereby declares that the provisions of this Chapter are an exercise of the police power reserved to the state by Article I, Section 4 and Article VI, Section 9(B) of the Constitution of Louisiana.  Added by Acts 1981, No. 892, §1, eff. Aug. 2, 1981; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
LA Rev Stat § 28:477 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§477. Definitions

RS 477 - Definitions  As used in this Chapter, unless otherwise clearly indicated, these words and phrases have the following meanings:  (1) "Community home" means a facility certified, licensed, or monitored by the Louisiana Department of Health to provide resident services and supervision to six or fewer persons who have mental illness or developmental disabilities. Such facility shall provide supervisory personnel in order to function as a single family unit but not to exceed two live-in persons.  (2) "Department" means the Louisiana Department of Health.  (3)(a) "Person who has a mental illness or a developmental disability" means any person who has a physical or mental impairment which substantially limits one or more of the following major life activities:  (i) Self-care.  (ii) Receptive or expressive language.  (iii) Learning.  (iv) Mobility.  (v) Self-direction.  (vi) Capacity for independent living.  (vii) Economic self-sufficiency.  (b) This definition shall not include persons with substance-related or addictive disorders, nor shall it apply to persons who have mental illness or developmental disabilities and are currently under sentence or on parole from any criminal violation or who have been found not guilty of a criminal charge by reason of insanity.  Added by Acts 1981, No. 892, §1, eff. Aug. 2, 1981; Acts 1992, No. 334, §1, eff. June 17, 1992; Acts 1992, No. 774, §1, eff. July 7, 1992; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
LA Rev Stat § 28:478 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§478. Promotion of community-based homes

RS 478 - Promotion of community-based homes  A. In order to achieve uniform statewide implementation of the policies of this Title and of those of the Developmental Disabilities Law and of the Behavioral Health Law, it is necessary to establish the statewide policy that community homes are permitted by right in all residential districts zoned for multiple-family dwellings.  B. The department shall establish appropriate standards with interpretative guidelines and establish monitoring procedures. In no case shall a community home be placed within a one thousand foot radius of another community home.  C. The local sponsor shall notify the local governing authority of his intent to file an application to the department to open a community home. In any area over which a local planning commission has jurisdiction the site selection shall first be submitted to the local planning commission, which shall recommend approval or disapproval of the site to the local governing authority. The local governing authority shall then affirm or reverse the decision of the planning commission by a majority vote of its entire membership, within forty-five days of the date of the original notification to the local planning commission. In any area in which there is no local planning commission, the local governing authority shall approve or disapprove the site within forty-five days from the date of the original notification to the local governing authority. Whenever the local governing authority has disapproved the site, the local sponsor and the department may develop an alternate site selection for the community home which is acceptable to the local sponsor, the local governing authority, and the department.  D. Whenever the department schedules a public hearing to review any application to open a community home, the department shall notify each legislator whose district encompasses the proposed location of the home. The notice shall be provided at least five calendar days prior to the public hearing.  E. Notwithstanding any provision of law to the contrary, the department, upon finding a qualified need for a community home in the parish of Rapides, that would not create an environment or atmosphere that will contradict the principle of integrated community living, may authorize such community home within a one thousand foot radius of another community home after meeting the following requirements:  (1) A public hearing to review the application for the community home.  (2) Written documentation supporting the necessity of the placement of the community home.  Added by Acts 1981, No. 892, §1, eff. Aug. 2, 1981; Acts 1985, No. 521, §1, eff. July 12, 1985; Acts 1991, No. 826, §1; Acts 2011, 1st Ex. Sess., No. 13, §1; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
LA Rev Stat § 28:501 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§501. Repealed by Acts 2017, No. 369, §7.

RS 501 - Repealed by Acts 2017, No. 369, §7.
LA Rev Stat § 28:502 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§502. Repealed by Acts 2017, No. 369, §7.

RS 502 - Repealed by Acts 2017, No. 369, §7.
LA Rev Stat § 28:503 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§503. Repealed by Acts 2017, No. 369, §7.

RS 503 - Repealed by Acts 2017, No. 369, §7.
LA Rev Stat § 28:504 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§504. Repealed by Acts 2017, No. 369, §7.

RS 504 - Repealed by Acts 2017, No. 369, §7.
LA Rev Stat § 28:505 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§505. Repealed by Acts 2017, No. 369, §7.

RS 505 - Repealed by Acts 2017, No. 369, §7.
LA Rev Stat § 28:506 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§506. Repealed by Acts 2017, No. 369, §7.

RS 506 - Repealed by Acts 2017, No. 369, §7.
LA Rev Stat § 28:561 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§561. Repealed by Acts 2017, No. 369, §7.

RS 561 - Repealed by Acts 2017, No. 369, §7.
LA Rev Stat § 28:562 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§562. §§562 to 566 Repealed by Acts 1978, No. 680, §3

RS 562 - §§562 to 566 Repealed by Acts 1978, No. 680, §3
LA Rev Stat § 28:567 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§567. Repealed by Acts 2013, No. 308, §2.

RS 567 - Repealed by Acts 2013, No. 308, §2.
LA Rev Stat § 28:568 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§568. Repealed by Acts 2013, No. 308, §2.

RS 568 - Repealed by Acts 2013, No. 308, §2.
LA Rev Stat § 28:569 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§569. Repealed by Acts 2013, No. 308, §2.

RS 569 - Repealed by Acts 2013, No. 308, §2.
LA Rev Stat § 28:570 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§570. Repealed by Acts 2013, No. 308, §2.

RS 570 - Repealed by Acts 2013, No. 308, §2.
LA Rev Stat § 28:571 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§571. Repealed by Acts 2013, No. 308, §2.

RS 571 - Repealed by Acts 2013, No. 308, §2.
LA Rev Stat § 28:572 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§572. Repealed by Acts 2013, No. 308, §2.

RS 572 - Repealed by Acts 2013, No. 308, §2.
LA Rev Stat § 28:573 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§573. Repealed by Acts 2013, No. 308, §2.

RS 573 - Repealed by Acts 2013, No. 308, §2.