reglab/statecodes huggingface dataset:
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:454.9. Judicial commitment; notice of rights

RS 28:454.9 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:454.10. Transfer of persons with developmental disabilities

RS 28:454.10 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:454.11. Rights of persons committed to the department

RS 28:454.11 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:454.12. Immunity from liability

RS 28:454.12 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:454.13. Failure to obey an order or judgment

RS 28:454.13 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:454.14. Criminal matters

RS 28:454.14 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:454.15. Grievance procedure

RS 28:454.15 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:454.16. Appeal procedure

RS 28:454.16 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:454.18. Advertisement and award of lease bid

RS 28:454.18 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:455.1. Quality standards

RS 28:455.1 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:455.2. Assurances of consistency with local and state planning

RS 28:455.2 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:461. Findings; policy

RS 28:461 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:463. Goals

RS 28:463 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:466. Uses of funds

RS 28:466 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:468. Payor of last resort; nonsubstitution; reduction of other benefits

RS 28:468 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:475. Short title

RS 28:475 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:476. Declaration of policy

RS 28:476 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:477. Definitions

RS 28:477 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:478. Promotion of community-based homes

RS 28:478 - 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.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:621. Pilot programs for children with developmental disabilities who are considered at-risk juveniles

RS 28:621 - Pilot programs for children with developmental disabilities who are considered at-risk juveniles
A. The office for citizens with developmental disabilities, Louisiana Department of Health, may provide for the establishment of pilot programs for children with developmental disabilities who are considered at-risk juveniles. The pilot programs may provide developmental disabilities services including assessment, counseling, and structured activities and living options, both as defined in this Title for juveniles referred by other agencies including but not limited to juvenile courts, the office of children and family services, and the office of juvenile justice. The pilot programs shall be operated in cooperation with other offices of the Louisiana Department of Health, the Department of Children and Family Services, and the Department of Public Safety and Corrections.
B. The office may contract with community-based organizations and other public or private organizations and facilities to administer and operate the pilot programs to the extent that funds are available.
C. The office shall promulgate rules and regulations in accordance with the Administrative Procedure Act to provide definitions and to establish standards for program operations and procedures.
D. The office may apply for available federal, state, and private funds for diagnostic and referral programs for at-risk juveniles.
Acts 1990, No. 799, §1; Acts 2004, No. 858, §1, eff. July 12, 2004; Acts 2008, No. 565, §4.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:722. Compact administrator; powers

RS 28:722 - Compact administrator; powers
Pursuant to said compact, the secretary of the Louisiana Department of Health shall be the compact administrator and, acting jointly with like officers or other party states, he shall have the power to promulgate rules and regulations to carry out more effectively the terms of the compact. The compact administrator is hereby authorized, empowered, and directed to cooperate with all departments, agencies, and officers of and in the government of this state and its subdivisions in facilitating the proper administration of the compact or any supplementary agreement or agreements entered into by this state thereunder.
Added by Acts 1958, No. 336, §1. Amended by Acts 1974, No. 294, §1; Acts 1977, No. 682, §1; Acts 1980, No. 254, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:723. Supplementary agreements

RS 28:723 - Supplementary agreements
The compact administrator is hereby authorized and empowered to enter into supplementary agreement with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement shall have force or effect until approved by the head of the division or agency under whose jurisdiction said institution or facility is operated or whose division or agency will be charged with the rendering of such service.
Added by Acts 1958, No. 336, §1. Amended by Acts 1974, No. 294, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:725. Proposed transferees

RS 28:725 - Proposed transferees
The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of the coroner and judge of the parish from which the proposed transferee was committed.
Added by Acts 1958, No. 336, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:726. Distribution of copies of law

RS 28:726 - Distribution of copies of law
Duly authorized copies of this law shall, upon its approval, be transmitted by the compact administrator to the governor of each state, the attorney general and the administrator of the general services administration of the United States, and the council of state governments.
Added by Acts 1958, No. 336, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:750. Purpose and establishment of Louisiana Developmental Disabilities Council

RS 28:750 - Purpose and establishment of Louisiana Developmental Disabilities Council
A. The purpose of this Chapter is to establish the Louisiana Developmental Disabilities Council to coordinate, monitor, plan, and evaluate those services, other assistance, and opportunities necessary to enable persons with developmental disabilities to achieve their maximum potential through:
(1) Increased self-determination, independence, productivity, and integration and inclusion into the community, and
(2) An enhanced role of the family in assisting persons with developmental disabilities.
B. The Louisiana Developmental Disabilities Council is hereby established within the Louisiana Department of Health to serve as an advocate for persons with developmental disabilities. The council shall:
(1) Plan effective coordination of state resources to meet the needs of persons with developmental disabilities.
(2) Promote the dignity of persons with developmental disabilities.
(3) Serve as an advisor to the governor, the secretary of the Louisiana Department of Health, and the legislature on programs and policies pertaining to services for persons with developmental disabilities and their families.
(4) Promote provision of a full range of services, assistance, and opportunities for persons with developmental disabilities, including housing, education, rehabilitation, employment, recreation, family support, and other needed support services, in the least restrictive environment.
Added by Acts 1982, No. 528, §1. Acts 1984, No. 350, §2, eff. September 1, 1984; Acts 1989, No. 515, §1, eff. July 1, 1989; Acts 2001, No. 638, §1, eff. June 22, 2001.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:753. Membership

RS 28:753 - Membership
A. Council members shall be appointed by the governor. Membership of the council shall not exceed twenty-eight persons. At least sixty percent of the membership of the council shall consist of individuals with developmental disabilities, parents or guardians of children with developmental disabilities, or immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves. Of this sixty percent of the council, one-third shall be persons with developmental disabilities, one-third shall be parents or guardians of children with developmental disabilities or immediate relatives or guardians of adults with mentally impairing developmental disabilities who cannot advocate for themselves, and one-third shall be a combination of those described above. At least one of these individuals shall be an immediate relative or guardian of an individual with a developmental disability who resides or previously resided in an institution or shall be an individual with a developmental disability who resides or previously resided in an institution.
B. Of the remaining membership of the council, there shall be representation of the principal state agencies, in accordance with federal law; and representatives of higher education training facilities, local agencies, and nongovernmental agencies and groups concerned with services to persons with developmental disabilities.
Added by Acts 1982, No. 528, §1. Acts 1989, No. 515, §1, eff. July 1, 1989; Acts 2001, No. 638, §1, eff. June 22, 2001.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:755. Council remuneration

RS 28:755 - Council remuneration
Members of the council shall not be entitled to compensation for their services as members but shall be reimbursed for actual travel expenses as provided by law and travel regulations issued by the Division of Administration. Those members of the council serving in an ex officio capacity shall not be reimbursed for such actual travel expenses from grant monies specifically designated for the developmental disabilities program.
Added by Acts 1982, No. 528, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:756. Council bylaws

RS 28:756 - Council bylaws
The council shall adopt and amend bylaws governing its proceedings, activities, and organization, including but not limited to, provisions for election of officers, rotation of members, quorum, procedure, frequency, and location of meetings, and establishment, function, and membership on council committees.
Added by Acts 1982, No. 528, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:757. Council staffing

RS 28:757 - Council staffing
The council shall have full appointing authority for all personnel purposes and shall be empowered to hire and supervise sufficient staff to ensure the council's ability to fulfill its responsibilities. Two of these positions shall be unclassified civil service positions, pursuant to Article X, Section 2(B)(7) of the Constitution of Louisiana, and the State Civil Service Commission may provide that others among these positions shall be unclassified positions.
Added by Acts 1982, No. 528, §1. Acts 1989, No. 515, §1, eff. July 1, 1989; Acts 1999, No. 1039, §1, eff. July 9, 1999; Acts 2018, No. 206, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:802. Definitions

RS 28:802 - Definitions
For purposes of this Chapter, the following terms have the meaning ascribed to them in this Section:
(1) "America's Health Rankings report" means the annual report of that name published by the United Health Foundation.
(2) "Department" means the Louisiana Department of Health.
(3) "Office of behavioral health" means the office of behavioral health of the Louisiana Department of Health.
(4) "State suicide prevention plan" means the Louisiana suicide prevention plan required by and provided for more specifically in Part III of this Chapter.
(5) "Suicide Prevention Resource Center" means the resource center of that name operated by the Education Development Center, Incorporated, which is devoted to advancing the National Strategy for Suicide Prevention.
(6) "Zero suicide initiative" means the program for suicide prevention created by the provisions of Part II of this Chapter.
Acts 2018, No. 450, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:804. Sources of funding authorized

RS 28:804 - Sources of funding authorized
The office of behavioral health may receive and expend funds as may be necessary to carry out the requirements of this Chapter, including but not limited to funds appropriated by the legislature, including any appropriation of federal funds; and any public or private donations, gifts, or grants from governmental sources, individuals, corporations, nonprofit organizations, business entities, and any other lawful source.
Acts 2018, No. 450, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:807. Zero suicide initiative; creation

RS 28:807 - Zero suicide initiative; creation
A. The legislature hereby creates the zero suicide initiative, which shall be administered by the office of behavioral health in accordance with the provisions of this Part.
B. The legislature hereby declares that the zero suicide initiative embodies the foundational belief and aspirational goal that suicide deaths of individuals who are under the care of any part of the health system in this state, including providers of mental health and behavioral health services, are frequently preventable.
C. The zero suicide initiative of this state shall be based upon the model set forth in the National Strategy for Suicide Prevention published in 2012 by the United States Surgeon General and further developed, refined, and promoted by the Suicide Prevention Resource Center or its successor.
Acts 2018, No. 450, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:808. Zero suicide initiative; administration; duties of the office of behavioral health

RS 28:808 - Zero suicide initiative; administration; duties of the office of behavioral health
A. In administering the zero suicide initiative, the office of behavioral health shall ensure that the initiative incorporates, at minimum, all of the following components as set forth by the zero suicide model of the Suicide Prevention Resource Center:
(1) Leadership development.
(2) Healthcare provider training.
(3) Identification of suicide risk factors.
(4) Patient engagement.
(5) Treatment.
(6) Health system transition.
(7) Health system quality improvement.
B. The office of behavioral health shall ensure that administrators of all healthcare facilities licensed by the department and that all healthcare professionals licensed by any board or commission of the department have ready access to informational resources and technical assistance necessary for implementation of the zero suicide initiative.
C.(1) Subject to the limitations of Paragraph (2) of this Subsection, the office of behavioral health shall examine and coordinate the use of existing data to identify priority groups of patients, improve the quality of care for persons who are suicidal, and provide a basis for measuring progress in the ongoing operation of the zero suicide initiative.
(2) The office of behavioral health shall carry out the requirements of Paragraph (1) of this Subsection in a manner that protects the privacy of individuals, and shall comply with all applicable state and federal laws and regulations relative to privacy of health information.
D. The department shall promulgate all rules and regulations in accordance with the Administrative Procedure Act as may be necessary to implement the provisions of this Part.
Acts 2018, No. 450, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:809. Legislative intent; stakeholder collaboration and coordination in the zero suicide initiative

RS 28:809 - Legislative intent; stakeholder collaboration and coordination in the zero suicide initiative
Because suicide in Louisiana is a primary public health concern, the legislature intends that the office of behavioral health, state and local criminal justice systems, healthcare facilities and providers including but not limited to mental health professionals, behavioral health services providers, primary care providers, hospitals, and physical and mental health clinics in educational institutions throughout this state do all of the following:
(1) Work in collaboration to adopt and operate the zero suicide initiative as promulgated in administrative rules of the department.
(2) Work with advocacy groups, faith-based organizations, and any other entities with an interest in suicide prevention to support the adoption by health systems in Louisiana of the suicide prevention plan provided for in Part III of this Chapter.
(3) Make efforts to connect persons and groups who are at higher risk for suicide with services provided under the suicide prevention plan provided for in Part III of this Chapter.
Acts 2018, No. 450, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:811. State suicide prevention plan; creation; goals; publication; report to governor and legislature

RS 28:811 - State suicide prevention plan; creation; goals; publication; report to governor and legislature
A. The Louisiana suicide prevention plan, referred to in this Section as the "state suicide prevention plan", is hereby created as an initiative of the office of behavioral health, which shall lead the development of and publish the plan. The goal and purpose of the state suicide prevention plan is to reduce the incidence of suicide in Louisiana through system-level implementation of the plan in criminal justice and health systems statewide, including mental health and behavioral health systems.
B.(1) The office of behavioral health shall collaborate with criminal justice and health systems, including mental health and behavioral health systems, primary care providers, physical and mental health clinics in educational institutions, colleges and universities, community mental health centers, advocacy groups, emergency medical services professionals, public and private insurers, hospital chaplains, and faith-based organizations to develop and implement all of the following:
(a) A plan to improve training on means by which to identify a person with trends, attributes, and indicators of suicidal thoughts and behavior across criminal justice and health systems.
(b) A plan to improve training on the provisions of the Health Insurance Portability and Accountability Act (42 U.S.C. 1320d et seq.) and regulations issued pursuant thereto and on other applicable federal and state laws and regulations concerning privacy of health information.
(c) Professional development resources and training opportunities regarding indicators of suicidal thoughts and behavior, risk assessment, treatment, and management.
(2) The office of behavioral health shall include as elements within the state suicide prevention plan the items required by Paragraph (1) of this Subsection.
C. As a demonstration of commitment to patient safety, criminal justice and health systems, including mental and behavioral health systems, primary care providers, and hospitals throughout the state are encouraged to contribute to and implement the state suicide prevention plan.
D.(1) The office of behavioral health shall publish the state suicide prevention plan on or before December 31, 2020.
(2) At the time of publication of the state suicide prevention plan, the office of behavioral health shall transmit a summary of the plan in a report to the governor and to the legislature.
Acts 2018, No. 450, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:812. Stakeholder collaboration and coordination in suicide prevention plan

RS 28:812 - Stakeholder collaboration and coordination in suicide prevention plan
The legislature intends that the following systems and organizations contribute to the development and implementation of the state suicide prevention plan:
(1) Community mental health centers.
(2) Behavioral health services providers.
(3) Hospitals.
(4) Emergency medical services professionals and responders.
(5) Regional health systems.
(6) Physical and mental health clinics in educational institutions.
(7) State and local criminal justice systems.
(8) Advocacy groups with an interest in suicide prevention.
(9) Faith-based organizations.
(10) Colleges and universities.
Acts 2018, No. 450, §1.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:821. Findings and purpose

RS 28:821 - Findings and purpose
A. The Legislature of Louisiana finds that services for persons with developmental disabilities should be responsive to the needs of the individual and his family, rather than fitting the person into existing programs. The legislature further finds that it is more cost effective to provide services to adults and children with developmental disabilities living in their own homes or with their families rather than in out-of-home placements.
B. The legislature declares that the purpose of this Chapter is to establish that:
(1) Children, regardless of the severity of their disability, need families and enduring relationships with adults in a nurturing home environment. As with all children, children with developmental disabilities need families and family relationships to develop to their fullest potential. Parents of children with developmental disabilities shall be afforded freedom of choice as to placement of their child, in accordance with R.S. 28:380 et seq.
(2) Adults with developmental disabilities should be afforded the opportunity to make decisions for themselves and to live in typical homes and communities where they can exercise their full rights and responsibilities as citizens.
C. It is the intention of the legislature that the state of Louisiana adhere to the principles contained in this Chapter in program planning, development, funding, and implementation for persons with developmental disabilities and their families. It is the further intention of the legislature that the Louisiana Department of Health work to implement the Community and Family Support System plan developed by the Louisiana Developmental Disabilities Council pursuant to this Chapter.
D. It is the intention of the legislature that the state adhere to the principles contained in this Chapter for program planning and development of programs for all persons and their families needing long-term support.
Acts 1989, No. 378, §1; Acts 2001, No. 1147, §1; Acts 2009, No. 438, §7; Acts 2010, No. 939, §3, eff. July 1, 2010; Acts 2012, No. 811, §8, eff. July 1, 2012.
2023 Louisiana Laws › Revised Statutes › Title 28 - Mental Health › §28:823. Principles

RS 28:823 - Principles
The following ideals shall be the guiding principles for the development of a Community and Family Support System plan:
(1) The family of each child with developmental disabilities shall be provided the support necessary so that the child may live in a stable family environment in an enduring relationship with one or more adults regardless of the severity of the disability of the child or the degree of support necessary.
(2) Adults with developmental disabilities should receive the supports necessary to enable them to achieve their maximum potential through increased independence, productivity, and integration into the community.
(3) The family support system shall be flexible, individualized, and family centered.
(4) The needs of the entire family shall be considered in the development of the individualized family supports.
(5) The family support system recognizes that families are best able to determine their own needs, rather than having their needs determined by the state or an agency.
(6) Adults with developmental disabilities should have supports and services provided in the community to meet their needs wherever the individual chooses to live and work.
(7) The system shall have a program of outreach so that families may obtain family support at the time they learn of their child's disability, and so that people are aware of the availability of community supports when the need arises.
(8) The system shall support and strengthen existing informal social networks and natural supports in addition to professional support services.
(9) The system shall promote the use of existing community resources.
(10) Out-of-home placement of children shall be used only after parents are given the option of choosing family support services.
(11) The system shall be flexible to ensure that unanticipated needs are met and that the provision of supports and services is not limited to the location and types of existing services.
(12) A cash subsidy should be made available to eligible families for any of the purposes contained within the plan in order to enhance the family support system. The subsidy shall be considered a benefit and is intended to complement but not supplant public assistance or social service benefits based upon economic need.
Acts 1989, No. 378, §1; Acts 1993, No. 752, §1, eff. June 22, 1993; Acts 2018, No. 206, §1.
{{NOTE: SEE ACTS 1993, NO. 752, §2.}}