reglab/housing_qa huggingface dataset:
LA Rev Stat § 28:451.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§451.1. Title; purpose; intent

RS 451.1 - Title; purpose; intent  A. This Chapter shall be cited as the "Developmental Disability Law".  B. It is the purpose of this Chapter to provide for a developmental disabilities services system that values all persons with developmental disabilities and affirms and protects their fundamental rights and privileges as citizens of Louisiana and the United States of America. This system shall be based on the premise established in the Developmental Disabilities Assistance and Bill of Rights Act, that disability is a natural part of the human experience that does not diminish the right of persons with developmental disabilities to exert control and choice over their own lives, and fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural and educational mainstream of society.  C. It is the intent of this Chapter to delineate the principles of the system, the rights of persons with developmental disabilities, the definitions used in this Chapter, the system process, the roles and responsibilities within the system, and other issues that will guide the provision of supports and services for persons with developmental disabilities.  D. It is the intent of this Chapter to establish that the office for citizens with developmental disabilities within the Louisiana Department of Health will be responsible for the programmatic leadership in the designing and developing of all developmental disabilities services provided by the department either directly or pursuant to agreements with public and private providers. It is also the intent of this Chapter to enable the office to provide developmental disabilities services and supports consistent with the rights and principles within this Chapter, to the extent possible.  E. It is the intent of this Chapter to establish a system that affirms and supports the principles of self-determination and full inclusion of all persons with developmental disabilities to live, work, and participate in leisure activities in their community as they choose and to the extent possible.  F. This law shall be made available in alternative formats upon request from the following:  (1) Office for citizens with developmental disabilities.  (2) Human services authorities and districts.  (3) Governor's Office of Disability Affairs.  (4) Developmental Disabilities Council.  (5) The Advocacy Center.  (6) Human Development Center.  G. The provisions of this Chapter shall not be construed to delete, change, affect, or decrease the requirements of R.S. 17:1941 through 1959 regarding Special School District No. 1 or the Louisiana Department of Education, or both.  Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:451.4 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§451.4. State developmental centers; office for citizens with developmental disabilities

RS 451.4 - State developmental centers; office for citizens with developmental disabilities  A. The office shall administer, supervise, and be responsible for the operation of state developmental centers providing developmental disabilities services.  B. Pinecrest Supports and Services Center is continued as an administrative unit of this office.  C. Central Louisiana Supports and Services Center shall be an administrative unit of this office.  D. The facility administrator of each center shall recommend to the secretary of the Louisiana Department of Health policies and procedures necessary for the proper and orderly operation of the facility. Such policies and procedures shall be consistent with principles of this Chapter, office policies, and all applicable federal and state laws and regulations. Policies and procedures developed pursuant to this Subsection shall not be implemented until approved by the secretary.  Acts 2005, No. 128, §1, eff. June 22, 2005; Acts 2007, No. 325, §1, eff. July 9, 2007; Acts 2012, No. 232, §1, eff. May 22, 2012; Acts 2015, No. 20, §1, eff. May 29, 2015; Acts 2019, No. 411, §2, eff. June 20, 2019.
LA Rev Stat § 28:451.5 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§451.5. Provision of additional living options and developmental disabilities services and supports

RS 451.5 - Provision of additional living options and developmental disabilities services and supports A. The office may provide developmental disabilities services directly pursuant to R.S. 28:451.3 or through written agreements with public or private providers meeting state and federal regulations. Such written agreements may be with any person, organization, agency, or corporation that complies with the requirements of this Chapter, including but not limited to licensure regulations promulgated pursuant to this Chapter, and such other applicable regulations promulgated by the department. B. Developmental disabilities services shall be consistent with the principles in this Chapter in order to receive state or federal funds or both. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:451.6 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§451.6. Assignment of property rights

RS 451.6 - Assignment of property rights A. By receiving services from and living in a licensed, state-operated, twenty-four-hour residential facility provided by or through the office, the person shall be deemed to have made an assignment to the department of his right, title, and interest in any property he owns, including interest in any trust or succession, up to the cost of the services actually provided. The portion of property and all assets which, pursuant to federal regulations or statute, the person may retain and still maintain eligibility for coverage under Title XIX of the Social Security Act programs or successor programs shall be exempt from such assignment. B. The department shall be subrogated to the rights of any such person with regard to such property to the full extent of the costs due for providing such services to the person. The department shall be required to initiate or intervene in any civil actions, either in the name of the department or in the name of the person, in order to collect such costs. C. This Section shall be liberally construed in order to effectuate its purpose. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:452.2 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§452.2. Principles for the developmental disabilities services system

RS 452.2 - Principles for the developmental disabilities services system The department through the office shall provide developmental disabilities services and supports consistent with the following principles, to the extent possible: A. Supports assist in enabling people to exercise self-determination in their lives. B. Supports assist in enabling people to achieve their maximum potential through increased independence, productivity, and inclusion in their communities. C. Personal outcomes and goals are considered in the development of individualized supports for each person. D. The community where the person chooses to live and work is the optimum place to provide supports and services. E. Persons and families are generally best able to determine their needs, rather than their needs being determined by others. F. The needs of the entire family are considered in the development of family supports. G. Family supports enable children to live in stable family environments with enduring relationships with one or more adults regardless of the severity of the disability of the child or the degree of support necessary. H. Children and young adults with disabilities receive and participate in an appropriate education which enables them to have increased opportunities for well being, development and inclusion in their communities. I. Existing natural supports and community resources are promoted and utilized. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:453.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§453.1. Definition; establishment of the ombudsman program

RS 453.1 - Definition; establishment of the ombudsman program A. The term "ombudsman" shall refer to a person who is trained and certified as required by the Department of Justice. B. The ombudsman program is established in the Department of Justice for the purpose of monitoring care received by persons with developmental disabilities residing in state-licensed facilities for persons with developmental disabilities funded through the department excluding state-operated residential care facilities. C. The Department of Justice shall adopt rules and regulations, in accordance with the provisions of the Administrative Procedure Act, dealing with the following: (1) The governance of the certification and training program for the establishment of the ombudsman program. (2) The required training program shall include all of the following: (a) Rights of persons with developmental disabilities. (b) Complaint resolutions. (c) Community resources. (d) An understanding of developmental disabilities. D. Certification shall be valid for one year. An ombudsman may be decertified for misconduct, incompetence, or material neglect of duty. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:453.2 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§453.2. Ombudsman functions and responsibilities

RS 453.2 - Ombudsman functions and responsibilities A. The ombudsman shall have the following functions and responsibilities: (1) To receive, investigate, and resolve complaints made by or on behalf of persons who live in facilities described in this Chapter concerning any act, omission, practice, or procedure that may adversely affect the health, safety, or welfare of any such person. (2) To visit such facilities on a regular basis, in order to become acquainted with the persons living there, their families, facility administration, and facility personnel. (3) To serve as a liaison between persons living there, their families, facility administration, and facility personnel. (4) To encourage persons living there in self advocacy when problems are expressed and to make recommendations to the facility, group home, or community home administration for the appropriate resolution of the problem. (5) To promote awareness of the ombudsman program. B. No person may serve as an ombudsman without appropriate training and certification. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:453.3 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§453.3. Access; liability

RS 453.3 - Access; liability A. The ombudsman shall have immediate access to any person living in a licensed facility described in this Chapter in the reasonable conduct of the functions and responsibilities of the ombudsman, shall inform the administrator or person in charge upon entering the facility, group home, or community home, and shall perform the ombudsman functions and responsibilities in the manner that is least disruptive of care and activities. B. In performing the functions and responsibilities of the ombudsman, the ombudsman may engage in the following actions: (1) Communicate privately and confidentially with persons living at the facilities. (2) Review or obtain any books, files, medical, social, or financial records, or other relevant records pertaining to a particular person, provided written consent is obtained from the person or the person's legal representative. C. The ombudsman, and any agency that receives information from the ombudsman, shall maintain as confidential all matters relating to any inquiry or referral, including the identity of the person, unless the person or the person's legal representative consents in writing to the disclosure. D. No ombudsman shall be liable under state law for the good faith performance of official duties as defined by state and federal laws and regulations. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:453.4 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§453.4. Prohibition of interference; penalties

RS 453.4 - Prohibition of interference; penalties A residential facility as described in this Chapter shall cooperate with an ombudsman in the performance of his official duties and shall not interfere with, nor retaliate against, a person who has filed a complaint with an ombudsman. Anyone who knowingly or willfully violates the provisions of this Section shall be guilty of a misdemeanor and upon conviction shall be fined not less than one hundred nor more than five hundred dollars. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:454.1 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§454.1. Developmental disabilities services system

RS 454.1 - Developmental disabilities services system A. The office for citizens with developmental disabilities shall establish a developmental disabilities services and supports system and shall serve as the single point of entry into the system. The services and supports noted in the definition of developmental disabilities services in this Chapter are not intended to reflect all services that may be provided. B. For the purposes of this Chapter, the system shall encompass those developmental disabilities services provided by the office, the human services authorities and districts, and private and public providers. C. The office shall provide leadership in developing supports and services which promote self-determination by persons with developmental disabilities as primary decision makers in the choice and design of their services and providers, and in the control over the resources allocated to meet their personal outcomes and goals. D. Person and family-centered planning principles shall be used in the design and development of the support plan and in the development of procedures and practices of the system. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:454.3 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§454.3. Consent; capacity to consent

RS 454.3 - Consent; capacity to consent A. A person with a developmental disability is presumed to have capacity to give consent to a particular decision, unless and until determined otherwise. The provisions of this Section shall apply only to persons with cognitive disabilities. (1) Capacity to give consent or make a particular decision exists when a person is able to comprehend the purposes, consequences, risks and benefits of the decision and any available alternatives. (2) Decisions regarding daily activities and matters that are not of long-term consequence may require less comprehension than decisions concerning matters that have important legal, health, safety or other long-term consequences, including medical treatment decisions, behavioral or psychiatric treatment decisions, financial matters, contractual matters, living arrangements and rights restrictions. (3) A decision may be expressed either orally, in writing, or by any other form of communication. B. The capacity of a person to consent can change and develop over time, depending upon health, environment, and other variables. (1) The capacity of a person to consent must be routinely assessed as decisions present themselves. (2) Assessment shall use current standards and assessment tools, along with input from others, including family and direct service staff who are most familiar with the person. (3) Lack of capacity to make a particular decision does not negate the possibility that a person may have capacity to make other decisions or later decisions. C. Decisions concerning matters that have important legal, health, safety or other long-term consequences shall require legally adequate consent. Before a person with a developmental disability can be deemed to have given legally adequate consent, each of the following conditions must be met: (1) The person has not been placed under a judgment of interdiction or continuing tutorship that restricts the right of the person to make the decision in question. (2) The person has capacity to consent and has been informed of the purposes, consequences, and risks of the decision being made and the benefits of any alternative decision. (3) The person understands that his withholding or withdrawing of consent shall not prejudice future provision of care and services to him. (4) The person is giving such consent voluntarily and free from coercion and undue influence. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:454.4 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§454.4. Voluntary admission and discharge

RS 454.4 - Voluntary admission and discharge A. The department is encouraged to admit persons with developmental disabilities to developmental disabilities services on a voluntary basis. Neither the department nor any employee or agent of a provider of developmental disabilities services shall prohibit a person with a developmental disability from applying for conversion of an involuntary commitment to a voluntary admission. B. A person voluntarily admitted into a residential facility who makes a written request for discharge shall be released within seventy-two hours from the time of the written request excluding weekends and holidays unless a petition alleging that the person is either dangerous to himself or dangerous to others is filed with the district court of the parish where the person is located. Upon a showing of probable cause that the person meets this standard, the court may order his confinement until the commitment hearing. C. Persons who are able to be discharged from developmental disabilities services and who were admitted on a voluntary basis shall be discharged in accordance with the procedures established by the office by rules promulgated in accordance with the Administrative Procedure Act, consistent with the requirements of this Chapter. The office shall include in the rules, procedures for processing requests for discharge of persons who are voluntarily admitted as well as for addressing oppositions to discharge. D. Upon determination that any person receiving services from the office is either dangerous to himself or dangerous to others, the office will take steps, including involuntary commitment when appropriate, to protect the person or prevent him from harming others. E. The office shall have the authority to discharge a person who was voluntarily admitted and who for a reasonable period of time has not received developmental disabilities services. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:454.7 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§454.7. Duration and discharge of commitment

RS 454.7 - Duration and discharge of commitment A. An initial judgment of commitment shall be for a period not to exceed one hundred eighty days. Continuation of commitment beyond one hundred eighty days requires a hearing conducted in accordance with the provisions of this Chapter. (1) At least three days prior to the hearing, the department shall submit, to the court and to counsel for the respondent, an interdisciplinary evaluation regarding the need for continued commitment and a support profile. (2) If the court determines that the person is still either dangerous to himself or dangerous to others, he shall be recommitted to the custody of the department for a period not to exceed one year. (3) If the respondent is recommitted for three consecutive one year periods, then a subsequent judgment of commitment shall not exceed three years. B. Any person who is not recommitted shall no longer be under court commitment, but shall continue to receive all supports and services as identified in his support plan, as long as he meets state criteria. If a person voluntarily seeks supports or services other than those provided by the department, the department must maintain documentation that the person or their legal representative has voluntarily made this request and no longer wants services provided directly by the department. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:454.8 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§454.8. Judicial commitment; appeals

RS 454.8 - Judicial commitment; appeals A person who is involuntarily committed shall be allowed to appeal devolutively from the order to the court of appeal. Upon perfection of an appeal, it shall be heard in a summary manner taking preference over all other cases except similar matters. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:454.9 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§454.9. Judicial commitment; notice of rights

RS 454.9 - Judicial commitment; notice of rights A. Every person involuntarily committed under this Section into any residential living option other than his home, shall be informed in writing at the time of admission of the following: (1) Procedures for requesting release from commitment. (2) Availability of counsel. (3) Contact information about the Mental Health Advocacy Service and the Advocacy Center. (4) Rights enumerated in R.S. 28:452.1 and any rules and regulations applicable to or concerning his conduct while residing in the residential living option. B. If the person is illiterate or does not read or understand English, appropriate provisions should be made to provide him with this information. In addition, a copy of the information listed in this Subsection shall be available to the person at all times in his residential living option. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:454.10 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§454.10. Transfer of persons with developmental disabilities

RS 454.10 - Transfer of persons with developmental disabilities The department shall develop procedures for handling requests for transfers and oppositions to transfers. (1) No transfer shall occur without prior notice to the person receiving services, his curator, tutor, or other legal guardian and any other person of his choice. (2) In the case of an involuntary admission, notice shall also be provided to the committing court of the proposed transfer. (3) Such transfer shall be in accordance with applicable federal laws, regulations and interagency agreements. (4) A temporary change in residential living options for specialized services not otherwise available shall not be considered a transfer for the purposes of this Section. (5) Subject to applicable federal and state laws and regulations, the department shall have the authority to transfer persons placed in its custody and the office shall have the authority to transfer any person receiving developmental disabilities services within or from the Developmental Disabilities Services System. Acts 2005, No. 128, §1, eff. June 22, 2005.
LA Rev Stat § 28:454.11 (2021)
2021 Louisiana Laws|Revised Statutes|Title 28 - Mental Health|§454.11. Rights of persons committed to the department

RS 454.11 - Rights of persons committed to the department A. No person committed pursuant to this Chapter shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of Louisiana, or the Constitution of the United States solely because of his status as a committed person. B. No committed person shall be presumed incompetent, nor shall such person be held incompetent except as determined by a court of competent jurisdiction. A determination of incompetence shall be separate from a judicial determination that a person should be involuntarily committed. Acts 2005, No. 128, §1, eff. June 22, 2005.