reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-6. - The John E. Fogarty Institute of Rhode Island.

§ 40.1-21-6. The John E. Fogarty Institute of Rhode Island.
The department of behavioral healthcare, developmental disabilities and hospitals is hereby authorized and directed, within the funds currently available or to be made available in the future, to plan for and foster the establishment of a university-affiliated developmental disabilities center which shall be devoted, but not limited, to the education and training of personnel in all fields related to developmental disabilities and to research in developmental disabilities which shall be known as “The John E. Fogarty Institute of Rhode Island.”
History of Section.
P.L. 1967, ch. 223, § 1; G.L. 1956, § 23-43-4; P.L. 1968, ch. 178, § 1; Reorg. Plan No. 1, 1970; G.L. 1956, § 23-43-6; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-6.1. - Admission to developmental disabilities services.

§ 40.1-21-6.1. Admission to developmental disabilities services.
Adults who are developmentally disabled shall be admitted for developmental disability services under the provisions of this chapter within the limit of available appropriations in accordance with the following procedures:
(1)
Any person believed to be developmentally disabled, a parent, guardian, relative, or advocate of the person may be referred or make written application to the department on forms provided by the department for diagnosis and evaluation.
(2)
After the identification diagnosis and evaluation is completed:
(i)
It shall be determined if the person is developmentally disabled, and, if so, the degree of impairment;
(ii)
Recommendations shall be made as to what services, if any, the person requires; and
(iii)
An individualized program plan for each adult, who is developmentally disabled, shall be established, and funding and case management or subsidized access with or without service brokerage shall be determined;
(iv)
Every effort shall be made to involve the person who is developmentally disabled, his or her guardian, parent, relative, or advocate in the creation of the individualized program plan; and
(v)
Each person and his or her parent or guardian shall be provided a written copy of an approved, individualized program plan developed for the person.
History of Section.
P.L. 1987, ch. 181, § 4; P.L. 1995, ch. 122, § 1; P.L. 1999, ch. 83, § 110; P.L. 1999, ch. 130, § 110.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-7. - Authority to lease.

§ 40.1-21-7. Authority to lease.
Notwithstanding the provisions of § 42-11-2, the department of behavioral healthcare, developmental disabilities and hospitals may make available, on such terms and conditions and for such periods as it deems proper, facilities under its jurisdiction, or space therein, to affiliating institutions of higher learning and public and private nonprofit agencies, provided that the premises are utilized for direct or supportive services to the developmentally disabled and their families, and/or for education and training of any discipline concerned with the problems of developmental disabilities and/or research directed to the problems of developmental disabilities.
History of Section.
P.L. 1967, ch. 223, § 1; G.L. 1956, § 23-43-5; P.L. 1968, ch. 178, § 1; Reorg. Plan No. 1, 1970; G.L. 1956, § 23-43-7; P.L. 1979, ch. 39, § 1; P.L. 1987, ch. 181, § 2; P.L. 1995, ch. 122, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-8. - Designation and assignment of functions and funds.

§ 40.1-21-8. Designation and assignment of functions and funds.
(a)
Whenever the duties of the head of any existing department, division, board, commission, or other agency or of any other officer are prescribed by law, and the duties of the person have been transferred by this chapter to the department of behavioral healthcare, developmental disabilities and hospitals, the director of behavioral healthcare, developmental disabilities and hospitals may designate some officer or other subordinate within the department of behavioral healthcare, developmental disabilities and hospitals to perform the duties.
(b)
Upon the transfer of any functions of any department or agency to the department of behavioral healthcare, developmental disabilities and hospitals pursuant to this chapter, the governor is authorized to transfer or reallocate, in whole or part, by executive order, the appropriations affected thereby.
History of Section.
P.L. 1967, ch. 223, § 1; G.L. 1956, § 23-43-6; P.L. 1968, ch. 178, § 1; Reorg. Plan No. 1, 1970; G.L. 1956, § 23-43-8; P.L. 1979, ch. 39, § 1; P.L. 1987, ch. 181, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-9. - Transfer of records.

§ 40.1-21-9. Transfer of records.
Unless otherwise expressly provided by this chapter, the head of a department, division, or other administrative agency, whose functions, powers, and duties are assigned and transferred by this chapter to the department of behavioral healthcare, developmental disabilities and hospitals, shall deliver to the department of behavioral healthcare, developmental disabilities and hospitals all contracts, books, maps, plans, papers, records, and property of every description that is within the jurisdiction or control of the head of a department, division, or other administrative agency. The director of behavioral healthcare, developmental disabilities and hospitals is hereby authorized to take possession thereof.
History of Section.
P.L. 1967, ch. 223, § 1; G.L. 1956, § 23-43-7; P.L. 1968, ch. 178, § 1; Reorg. Plan No. 1, 1970; G.L. 1956, § 23-43-9; P.L. 1979, ch. 39, § 1; P.L. 1987, ch. 181, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-10. - Appropriations.

§ 40.1-21-10. Appropriations.
The general assembly shall annually appropriate such sums as it deems necessary to enable the director of behavioral healthcare, developmental disabilities and hospitals to provide or secure services for developmentally disabled adults of this state; and the state controller is hereby authorized and directed to draw his or her orders upon the general treasurer for the payment of such sum or sums, or so much thereof as may be required from time to time, upon the receipt by him or her of vouchers properly authenticated.
History of Section.
P.L. 1968, ch. 178, § 1; Reorg. Plan No. 1, 1970; G.L. 1956, § 23-43-10; P.L. 1979, ch. 39, § 1; P.L. 1987, ch. 181, § 2; P.L. 1995, ch. 122, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-11. - References to director or assistant director of social welfare.

§ 40.1-21-11. References to director or assistant director of social welfare.
Whenever, in any general or special law, reference is or shall be made to the director of social welfare or the assistant director of social welfare for curative services pertaining to the Doctor Joseph H. Ladd Center, programs, and services for people with intellectual or developmental disabilities, the reference shall mean, and be construed to mean, the director of behavioral healthcare, developmental disabilities and hospitals.
History of Section.
P.L. 1968, ch. 178, § 1; Reorg. Plan No. 1, 1970; G.L. 1956, § 23-43-11; P.L. 1979, ch. 39, § 1; P.L. 1999, ch. 83, § 110; P.L. 1999, ch. 130, § 110; P.L. 2023, ch. 61, § 9, effective June 14, 2023; P.L. 2023, ch. 62, § 9, effective June 14, 2023.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-12. - Rules and regulations.

§ 40.1-21-12. Rules and regulations.
The director of behavioral healthcare, developmental disabilities and hospitals, after consultation with the Rhode Island developmental disabilities council, shall make and promulgate such rules and regulations pertaining to services for developmentally disabled adults as specified in this chapter when the services are provided in whole or in part by the use of state and/or federal funds earmarked for developmentally disabled persons.
History of Section.
P.L. 1968, ch. 178, § 1; Reorg. Plan No. 1, 1970; G.L. 1956, § 23-43-12; P.L. 1979, ch. 39, § 1; P.L. 1987, ch. 181, § 2; P.L. 1995, ch. 122, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-13. - Other obligations.

§ 40.1-21-13. Other obligations.
Nothing in this chapter shall be construed to relieve any agency, state or local, from its obligations to provide services to the developmentally disabled citizens of this state.
History of Section.
P.L. 1987, ch. 181, § 4; P.L. 1995, ch. 122, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-14. - [Repealed.]

§ 40.1-21-14. [Repealed.]
History of Section.
P.L. 1989, ch. 213, § 1; P.L. 1993, ch. 120, § 5; Repealed by P.L. 1995, ch. 122, § 1, effective July 1, 1995.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-15. - Self-sufficiency trust fund.

§ 40.1-21-15. Self-sufficiency trust fund.
(a)
There is hereby created the self-sufficiency trust fund. The state treasurer, ex officio, shall be custodian of the trust fund, and the controller shall direct payments from the trust fund upon vouchers properly certified by the director of behavioral healthcare, developmental disabilities and hospitals. The treasurer shall credit interest on the trust fund to the trust fund, and the director shall allocate the interest pro rate to the respective accounts of the named beneficiaries of the trust fund. For the purposes of this section, the term “self-sufficiency trust” means a trust created by a nonprofit corporation that is a 501(c)(3) organization under the United States Internal Revenue Code of 1954, 26 U.S.C. § 501(c)(3), and that was organized under the Nonprofit Corporation Act, chapter 6 of title 7, for the purpose of providing for the care or treatment of one or more persons with disabilities or persons otherwise eligible for department services.
(b)
The department shall adopt rules and procedures under the administrative procedures act, chapter 35 of title 42, as may be necessary or useful for the administration of the trust fund.
History of Section.
P.L. 1990, ch. 436, § 1; P.L. 1999, ch. 83, § 110; P.L. 1999, ch. 130, § 110.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-16. - Administration of self-sufficiency trust fund.

§ 40.1-21-16. Administration of self-sufficiency trust fund.
(a)
The department of behavioral healthcare, developmental disabilities and hospitals may accept money from a self-sufficiency trust for deposit in the trust fund pursuant to an agreement with the trust naming one or more beneficiaries who are persons with disabilities or persons otherwise eligible for department services residing in this state and specifying the care or treatment to be provided for them. The department shall maintain a separate account in the trust fund for each named beneficiary.
(b)
The money in these accounts shall be spent by the department, pursuant to its rules, only to provide care and treatment for the named beneficiaries in accordance with the terms of the agreement.
(c)
In the event that the director determines that the money in the account of a named beneficiary cannot be used for the care or treatment of the beneficiary in a manner consistent with the rules of the department and the agreement, or upon request of the self-sufficiency trust, the remaining money in that account, together with any accumulated interest on that account, shall be promptly returned to the self-sufficiency trust that deposited the money in the trust fund.
(d)
The receipt by a beneficiary of money from the trust fund or of care or treatment provided with that money, shall not in any way reduce, impair, or diminish the benefits to which the beneficiary is otherwise entitled by law.
History of Section.
P.L. 1990, ch. 436, § 1; P.L. 1999, ch. 83, § 110; P.L. 1999, ch. 130, § 110.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-17. - Special restricted fund.

§ 40.1-21-17. Special restricted fund.
The fund for persons who are disabled is created as a special restricted-receipt fund from the state treasury. The director may accept money from any source for deposit into the fund. The money in the fund shall be used by the department, subject to an appropriation, for the purpose of providing for the care and treatment of low-income persons with disabilities or low-income persons otherwise eligible for department services, as defined by the department.
History of Section.
P.L. 1990, ch. 436, § 1; P.L. 1999, ch. 83, § 110; P.L. 1999, ch. 130, § 110.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-21 - Division of Developmental Disabilities › Section 40.1-21-18. - Release of grant-agreement liens.

§ 40.1-21-18. Release of grant-agreement liens.
The department of behavioral healthcare, developmental disabilities and hospitals shall discharge and file releases of grant-agreement liens in the land evidence records of the municipality where the real estate is located, entered into between the department and providers of services for individuals with developmental disabilities prior to July 1, 2008. The department shall waive any and all right, title, and interest in and to any and all properties where grants are in place. Provided, however, each provider of services for individuals with developmental disabilities shall demonstrate that the release of grant-agreement liens, and revenue generated as a direct result thereof, will be applied to community-based services for persons with developmental disabilities pursuant to a plan submitted to the department. The approval by the department for the discharge and release of liens shall not be unreasonably withheld. Nothing herein shall be construed to release the department’s interest in a home owned by the state of Rhode Island.
History of Section.
P.L. 2008, ch. 100, art. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-1. - Short title.

§ 40.1-22-1. Short title.
This chapter shall be known as the “Developmental Disabilities Law.”
History of Section.
P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-1; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-2. - [Repealed.]

§ 40.1-22-2. [Repealed.]
History of Section.
P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-2; P.L. 1979, ch. 39, § 1; Repealed by P.L. 1995, ch. 122, § 2, effective July 1, 1995.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-5. - Construction with other laws.

§ 40.1-22-5. Construction with other laws.
This chapter shall be read in conjunction with the previously stated authority of the director and the duties of the office of developmental disabilities under chapter 21 of this title.
History of Section.
P.L. 1970, ch. 324, § 1; Reorg. Plan No. 1, 1970; G.L. 1956, § 23-43.1-5; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-7. - Voluntary admissions and discharges.

§ 40.1-22-7. Voluntary admissions and discharges.
(a)
Any individual of lawful age, either personally, or on the application of any relative, friend, or attorney with the individual’s consent, must apply, orally or in writing, for voluntary admission to any facility provided for by this chapter seeking care and residence for alleged developmental disability.
(b)
In the discretion of the superintendent or other official in charge of the facility, the individual may be retained for a period not exceeding three (3) days after receipt of written notice from the individual of his or her intention or desire to leave the facility. Notwithstanding any other provisions of law to the contrary, no person admitted to any facility as a voluntary client shall be deprived of any civil right solely by reason of admission nor shall admission modify or vary any civil right of the person, including, but not limited to, civil service or merit rating, ranking, and appointment, or rights relating to the granting, forfeiture, or denial of a license, permit, privilege, or benefit pursuant to any law.
History of Section.
P.L. 1970, ch. 324, § 1; P.L. 1978, ch. 195, § 1; G.L. 1956, § 23-43.1-7; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-8. - [Repealed.]

§ 40.1-22-8. [Repealed.]
History of Section.
P.L. 1970, ch. 324, § 1; P.L. 1971, ch. 266, § 1; P.L. 1978, ch. 195, § 1; G.L. 1956, § 23-43.1-8; P.L. 1979, ch. 39, § 1; Repealed by P.L. 1995, ch. 122, § 2, effective July 1, 1995.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-11. - [Repealed.]

§ 40.1-22-11. [Repealed.]
History of Section.
P.L. 1970, ch. 324, § 1; P.L. 1978, ch. 195, § 1; G.L. 1956, § 23-43.1-11; P.L. 1979, ch. 39, § 1; Repealed by P.L. 1995, ch. 122, § 2, effective July 1, 1995.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-12. - Forwarding of client’s letters.

§ 40.1-22-12. Forwarding of client’s letters.
All letters written by clients in any public or private developmental disabilities facility shall be forwarded unopened.
History of Section.
P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-12; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-13. - Visits.

§ 40.1-22-13. Visits.
No public or private developmental disabilities facility shall restrict the visiting of a client by anyone at any time of the day or night; however, in special circumstances when the client is ill or incapacitated and a visit would not be in his or her best interest, visitation may be restricted temporarily during the illness or incapacity when documented in the client’s individualized program plan, as defined in § 40.1-21-4.3(7).
History of Section.
P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-13; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2; P.L. 2019, ch. 88, art. 13, § 10.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-14. - Retention of client for more than six (6) months.

§ 40.1-22-14. Retention of client for more than six (6) months.
In cases other than voluntary admissions, if it is determined that care and treatment for a period in excess of six (6) months is required, and no prior application for a hearing was made by the client or someone in his or her behalf, then to retain a client beyond the period, the official in charge of the facility to which the client was admitted shall notify the client, his or her spouse and nearest relative, if known, and the applicant petitioning for his or her original admission, if available, of the client’s right to a hearing on the issue of his or her continued retention. If no request for a hearing is made within ten (10) days of notification, the client may be retained for an additional six-month (6) period, subject thereafter to similar notifications, at least, annually.
History of Section.
P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-14; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-15. - Hearings.

§ 40.1-22-15. Hearings.
In the case of a hearing the matter shall be heard as provided in § 40.1-22-10, so far as possible.
History of Section.
P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-15; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-16. - Discharge.

§ 40.1-22-16. Discharge.
The director or the superintendent or official in charge of any facility, on having his or her reasons noted on the client’s record, may discharge any client:
(1)
Who, in his or her judgment, is substantially improved.
(2)
Who, in his or her opinion, is not developmentally disabled.
(3)
Who is not substantially improved but whose discharge, in his or her judgment, will not be detrimental to the public welfare or injurious to the client.
History of Section.
P.L. 1970, ch. 324, § 1; P.L. 1976, ch. 262, § 1; G.L. 1956, § 23-43.1-16; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-17. - Refusal to discharge.

§ 40.1-22-17. Refusal to discharge.
(a)
When the official in charge of any facility is unwilling to certify to the discharge of an unimproved client upon request, and so certifies in writing, noting his or her reasons therefor, in the client’s record, he or she shall give a copy thereof to the person applying for the release and to the director.
(b)
If provisions for the review of the question of the client’s detention as elsewhere provided in this chapter are not available to the client, then recourse may be had to a justice of the district court for a hearing upon the matter set forth in the record provided for in subsection (a). At a hearing the burden of proving the lack of need of retention for further care and treatment shall be upon the person petitioning for the release of the client. At a hearing the court may enter such an order as the exigencies of the case, as disclosed by the evidence, may require.
History of Section.
P.L. 1970, ch. 324, § 1; P.L. 1978, ch. 195, § 1; G.L. 1956, § 23-43.1-17; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-18. - [Repealed.]

§ 40.1-22-18. [Repealed.]
History of Section.
P.L. 1970, ch. 324, § 1; P.L. 1971, ch. 266, § 1; P.L. 1978, ch. 195, § 1; G.L. 1956, § 23-43.1-18; P.L. 1979, ch. 39, § 1; Repealed by P.L. 1995, ch. 122, § 2, effective July 1, 1995.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-19. - Aliens and nonresidents.

§ 40.1-22-19. Aliens and nonresidents.
(a)
The director shall be responsible for the investigation and examination of all alien and nonresident persons who are developmentally disabled in any facility under the jurisdiction of the department of health, department of human services or elsewhere if admitted pursuant to the provisions of this chapter, and to attend to the deportation or removal of such persons to their respective countries or places of residence.
(b)
The director may make reciprocal agreements with other states or political subdivisions thereof to provide for prompt humane return under proper supervision of developmentally disabled residents of other states or political subdivisions thereof.
(c)
In the case of nonresidents the director shall cause them to be removed to the state of their residence, except that he or she may defer the action where the removal would cause the developmentally disabled person undue hardship unless the interests of the state and other clients would be materially harmed by the deferment.
(d)
The director shall designate such person or persons as deemed necessary to accompany clients, unless it be certified by the director that clients are in a condition to travel alone in safety.
(e)
The director in his or her discretion may, upon the request of any developmentally disabled person resident in a facility or upon the written consent of a relative, legal representative, or qualified friend, remove the person to any country, other state, or place in which he or she may properly belong.
(f)
For the purposes of this section the director, or his or her duly designated representative acting in his or her behalf in the matter, shall have the power to administer oaths, hold hearings, take testimony, issue subpoenas duces tecum, and subpoena and compel the attendance of witnesses who may have information in respect to the residence of the developmentally disabled person under investigation. Subpoenas issued under this section shall be regulated by civil practice law and rules.
History of Section.
P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-19; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2; P.L. 2020, ch. 79, art. 1, § 39.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-20. - Exclusiveness of this chapter.

§ 40.1-22-20. Exclusiveness of this chapter.
Where under any provision of any existing law, except in the case of a person held under criminal process, any person coming within the definition of a developmentally disabled adult as defined in this chapter, shall have recourse to or be dealt with as provided in this chapter, exclusively.
History of Section.
P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-20; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2; P.L. 1997, ch. 326, § 139.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-21. - State support of poor or indigent clients.

§ 40.1-22-21. State support of poor or indigent clients.
The director may maintain without charge or defray the expense of care and treatment of such poor or indigent persons as are developmentally disabled clients under treatment in accordance with the provisions of this chapter who are residents of this state and proper subjects of state aid, who may have been admitted to any facility under the provisions hereof, and are not eligible for any other federal and/or state financial assistance.
History of Section.
P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-21; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-22. - Guardians ad litem.

§ 40.1-22-22. Guardians ad litem.
(a)
At any hearing hereunder, the court may appoint guardians ad litem to represent any client in matters of admission or retention under the provisions of this law. It shall be the duty of the guardian ad litem to make an investigation of the facts, and to report the facts to the court with his or her recommendations, if any.
(b)
The guardian ad litem shall be paid for his or her services, in an amount to be approved by the court, and the guardian ad litem’s services shall be paid from the estate of the client, or if so ordered by the court, shall be paid by the state and reimbursement shall be had by the state from the estate and assets of the developmentally disabled person in the manner as reimbursement for care and treatment is had by the state.
History of Section.
P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-22; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-23. - Emergency medical or surgical care.

§ 40.1-22-23. Emergency medical or surgical care.
Whenever it shall be brought to the attention of the person in charge of a facility, that a client who is resident in that facility is in need of emergency medical and/or surgical care and treatment on the written advice of a physician licensed to practice in Rhode Island, and if the client is eighteen (18) years of age or older, the client shall be the sole person able to authorize the treatment in writing. If it shall be brought to the attention of the official in charge of the facility that the client is unable to comprehend or understand the treatment to which he or she is voluntarily consenting, or because of his or her medical condition is not able to voluntarily consent, or in the case of a minor the parents or guardian after due diligence cannot be located, and only in those events shall the official in charge of the facility be authorized to sign a consent to authorize emergency treatment on behalf of the client. The signed consent by the official shall be considered valid, and as if the client shall voluntarily and with full understanding have himself or herself signed the consent.
History of Section.
P.L. 1970, ch. 324, § 1; P.L. 1978, ch. 195, § 1; G.L. 1956, § 23-43.1-23; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-24. - [Repealed.]

§ 40.1-22-24. [Repealed.]
History of Section.
P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-24; P.L. 1979, ch. 39, § 1; Repealed by P.L. 1995, ch. 122, § 2, effective July 1, 1995.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-25. - Conspiracy to commit person improperly.

§ 40.1-22-25. Conspiracy to commit person improperly.
Any person who willfully conspires with any other person unlawfully or improperly to cause to be admitted to any facility as developmentally disabled any person who is not developmentally disabled as defined in this chapter shall, on conviction therefor, be fined not exceeding five thousand dollars ($5,000) or imprisoned not exceeding five (5) years at the discretion of the court.
History of Section.
P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-25; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2; P.L. 1997, ch. 326, § 139.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-26. - Deprivation of rights.

§ 40.1-22-26. Deprivation of rights.
Any person who willfully withholds from or denies to any person admitted to a facility as defined in § 40.1-22-3 any of his or her rights as granted in this chapter shall, on conviction thereof, be fined not exceeding two thousand dollars ($2,000) or imprisoned not exceeding two (2) years at the discretion of the court.
History of Section.
P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-26; P.L. 1979, ch. 39, § 1; P.L. 1997, ch. 326, § 139.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-27. - Disciplinary action against employee.

§ 40.1-22-27. Disciplinary action against employee.
Any employee of any facility who shall deny to or withhold from any client any right granted him or her by law shall, independently of the criminal sanctions described in § 40.1-22-26, be subject to such disciplinary action as the director of the facility shall see fit to impose, after notice, a hearing, and a finding of a violation of a right.
History of Section.
P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-27; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2; P.L. 1997, ch. 326, § 139.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-28. - Severability.

§ 40.1-22-28. Severability.
If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgment shall have been rendered.
History of Section.
P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-28; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-29. - Applicability to acts done, rights accrued, or orders prior to enactment of chapter.

§ 40.1-22-29. Applicability to acts done, rights accrued, or orders prior to enactment of chapter.
Nothing contained in this chapter shall affect or impair the validity of any act done or right accruing, accrued or acquired, or any order, judgment, or status established prior to the enactment thereof.
History of Section.
P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-29; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22 - Developmental Disabilities › Section 40.1-22-39. - [Repealed.]

§ 40.1-22-39. [Repealed.]
History of Section.
P.L. 2000, ch. 55, art. 31, § 2; P.L. 2001, ch. 77, art. 28, § 1; P.L. 2016, ch. 142, art. 7, § 8; P.L. 2017, ch. 302, art. 9, § 7; repealed by P.L. 2021, ch. 162, art. 3, § 8, effective July 6, 2021.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-22.1 - Rights for Persons with Developmental Disabilities in Community Residences [Repealed.] › Section 40.1-22.1-1 - — 40.1-22.1-15. [Repealed.]

§ 40.1-22.1-1 — 40.1-22.1-15. [Repealed.]
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-23 - Parental Succession — Persons with Developmental Disabilities › Section 40.1-23-1. - Parental successor for persons with developmental disabilities.

§ 40.1-23-1. Parental successor for persons with developmental disabilities.
The natural or adoptive parents, or the survivor of them, of a person who has been determined to be a person with developmental disabilities under regulations of the director of the department of behavioral healthcare, developmental disabilities and hospitals, may appoint at any time a parental successor for the person. The appointment shall be effective upon the death of the surviving parent and shall be for the period of the lifetime of that person with developmental disabilities.
History of Section.
P.L. 1972, ch. 128, § 1; impl. am. P.L. 1975, ch. 127, § 1; G.L. 1956, § 23-43.2-1; P.L. 1979, ch. 39, § 1; P.L. 2001, ch. 386, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-23 - Parental Succession — Persons with Developmental Disabilities › Section 40.1-23-2. - Who may serve.

§ 40.1-23-2. Who may serve.
(a)
A parental successor may be an individual, whether related or not to the person who has been determined to be a person with developmental disabilities under the regulations of the director of the department of behavioral healthcare, developmental disabilities and hospitals; a bank with a trust department, acting through its trust department; a church, acting through the incumbent of a position to be indicated in the instrument designating or the order appointing the parental successor; or an organization concerned with the needs of individuals with developmental disabilities.
(b)
A minor may be named or appointed as a parental successor, but he or she may actually serve only after reaching the age of eighteen (18) years.
History of Section.
P.L. 1972, ch. 128, § 1; impl. am. P.L. 1975, ch. 127, § 1; G.L. 1956, § 23-43.2-2; P.L. 1979, ch. 39, § 1; P.L. 2001, ch. 386, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-23 - Parental Succession — Persons with Developmental Disabilities › Section 40.1-23-3. - Methods of appointment.

§ 40.1-23-3. Methods of appointment.
(a)
A parental successor may be designated by an acknowledged document in a form to be prescribed by the department of behavioral healthcare, developmental disabilities and hospitals; by the last will and testament of the person or persons having the right to make the nomination; or by formal appointment by the probate court in the city or town in which the petitioner or at least one of several petitioners reside.
(b)
Court appointment shall be by petition heard ex parte as a probate matter without notice, unless required by the court. Any designation or appointment of a parental successor may also designate or appoint one or more eligible persons or organizations to serve as successors to the first-named parental successor in the event of the unwillingness, inability, incapacity, or resignation of the first parental successor.
History of Section.
P.L. 1972, ch. 128, § 1; impl. am. P.L. 1975, ch. 127, § 1; G.L. 1956, § 23-43.2-3; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-23 - Parental Succession — Persons with Developmental Disabilities › Section 40.1-23-4. - Furnishing of appointment documents to director of behavioral healthcare, developmental disabilities and hospitals.

§ 40.1-23-4. Furnishing of appointment documents to director of behavioral healthcare, developmental disabilities and hospitals.
In the event the appointment is by court order or will, a copy of the court order, or of the will together with a copy of the order admitting the will to probate, certified by the clerk of the appropriate court, shall be furnished by an interested party to the director of the department of behavioral healthcare, developmental disabilities and hospitals. No appointment of a parental successor shall be binding on the director of the department of behavioral healthcare, developmental disabilities and hospitals until a properly executed copy of an authorized document or a certified copy of the will, together with a certified copy of the order admitting the will to probate, or a certified copy of the court appointment has been served upon the director of the department of behavioral healthcare, developmental disabilities and hospitals.
History of Section.
P.L. 1972, ch. 128, § 1; impl. am. P.L. 1975, ch. 127, § 1; G.L. 1956, § 23-43.2-4; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-23 - Parental Succession — Persons with Developmental Disabilities › Section 40.1-23-5. - Written consent of intended parental successor.

§ 40.1-23-5. Written consent of intended parental successor.
The written consent of the person or organization intended to serve as the parental successor and of each named successor, thereto, if any, shall accompany the petition for court appointment. The consent or consents shall be forwarded to the director of the department of behavioral healthcare, developmental disabilities and hospitals, or his or her representative, with the executed copy of an authorized document, or with the certified copy of the will and of the order admitting the will to probate, if appointment is by document or will, but the consent or consents need not be forwarded in the event of a court appointment.
History of Section.
P.L. 1972, ch. 128, § 1; impl. am. P.L. 1975, ch. 127, § 1; G.L. 1956, § 23-43.2-5; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-23 - Parental Succession — Persons with Developmental Disabilities › Section 40.1-23-6. - Rights and privileges of parental successor.

§ 40.1-23-6. Rights and privileges of parental successor.
(a)
The parental successor, during the period he or she is actually serving, shall have the right to exercise an active and continuing interest in and to be informed concerning the health, education, recreation, and general welfare of the person for whom he or she is named parental successor. The parental successor shall be permitted to take the person from the other state-authorized facilities, profit, nonprofit, or private facilities on visits, trips, or vacations, the same as a parent.
(b)
The directors, supervisors, superintendents, operators, or foster parents of the facilities shall inform, advise, and consult with the parental successor, when actually serving, regarding the person for whom the parental successor was named, as though he or she were the natural parent of the person, on all matters pertaining to his or her health, education, recreation, general welfare, and including, but not limited to, matters of medical treatment, surgery, placement, and discharge.
(c)
A parental successor shall have the rights and privileges conferred by this section although the person for whom he or she is named parental successor is on placement from any facility operated by the department of behavioral healthcare, developmental disabilities and hospitals, or other facility and not physically resident therein.
History of Section.
P.L. 1972, ch. 128, § 1; G.L. 1956, § 23-43.2-6; P.L. 1979, ch. 39, § 1; P.L. 1984, ch. 81, § 19; P.L. 1998, ch. 391, § 6.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-23 - Parental Succession — Persons with Developmental Disabilities › Section 40.1-23-7. - Informing director as to parental successor’s whereabouts — Decisions concerning person when parental successor cannot be reached.

§ 40.1-23-7. Informing director as to parental successor’s whereabouts — Decisions concerning person when parental successor cannot be reached.
(a)
During the time that a person is acting as a parental successor, he or she shall keep the director of the department of behavioral healthcare, developmental disabilities and hospitals, or his or her representative, informed of his or her whereabouts so that he or she can be contacted in case of emergency.
(b)
Any bank or church or organization appointed to act as a parental successor shall keep the director of the department of behavioral healthcare, developmental disabilities and hospitals, or his or her representative, informed of the name and address of the individual who should be contacted in case of emergency.
(c)
During the period a parental successor is acting, if, after reasonable effort on the part of the director of the facility where the person is living, or under care, the parental successor cannot be reached, the director of the facility shall be free or the director of the department of behavioral healthcare, developmental disabilities and hospitals, or his or her representative, shall be free to make decisions in all matters for the best interest of the person for whom the parental successor was named.
History of Section.
P.L. 1972, ch. 128, § 1; impl. am. P.L. 1975, ch. 127, § 1; G.L. 1956, § 23-43.2-7; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-23 - Parental Succession — Persons with Developmental Disabilities › Section 40.1-23-8. - Termination of designation or appointment.

§ 40.1-23-8. Termination of designation or appointment.
(a)
Any designation or appointment of a parental successor is subject to revocation at any time, in the first instance by the person who made the decision, and in the case of appointment by will or formal appointment, by the court in which the will was probated or the formal appointment was made. A person or organization named as parental successor may renounce or resign at any time.
(b)
No revocation, renunciation, resignation, death, or state of incapacity will be binding on the director of the department of behavioral healthcare, developmental disabilities and hospitals until he or she has been notified in writing hereof.
History of Section.
P.L. 1972, ch. 128, § 1; impl. am. P.L. 1975, ch. 127, § 1; G.L. 1956, § 23-43.2-8; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-23 - Parental Succession — Persons with Developmental Disabilities › Section 40.1-23-9. - Limits on responsibilities and duties of parental successor.

§ 40.1-23-9. Limits on responsibilities and duties of parental successor.
A parental successor shall have no financial responsibility to the state for the person for whom he or she is named, and he or she shall have no obligatory duties or responsibilities except as specifically set forth in this chapter.
History of Section.
P.L. 1972, ch. 128, § 1; G.L. 1956, § 23-43.2-9; P.L. 1979, ch. 39, § 1.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-23 - Parental Succession — Persons with Developmental Disabilities › Section 40.1-23-10. - Construction — Effect on other laws.

§ 40.1-23-10. Construction — Effect on other laws.
(a)
It is specifically intended that the provisions of this chapter shall be available for the benefit of all persons with developmental disabilities who are now resident at state facilities, or on placement from such facilities, or who reside within the state.
(b)
This chapter shall not repeal, amend, or modify any law relating to intestate succession or relating to guardians of the person or of the estate of an individual. In the event of the appointment of the guardian of the person, the rights of the guardian will supersede and abrogate the rights of the parental successor of the person for whom a guardian of the person has been appointed, for so long as the appointment of the guardian of the person is effective.
History of Section.
P.L. 1972, ch. 128, § 1; G.L. 1956, § 23-43.2-10; P.L. 1979, ch. 39, § 1; P.L. 2001, ch. 386, § 2.
2023 Rhode Island General Laws › Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 40.1-23 - Parental Succession — Persons with Developmental Disabilities › Section 40.1-23-11. - [Repealed.]

§ 40.1-23-11. [Repealed.]
History of Section.
P.L. 1975, ch. 127, § 1; G.L. 1956, § 23-43.2-11; P.L. 1979, ch. 39, § 1; Repealed by P.L. 2001, ch. 386, § 3, effective July 13, 2001.