(v) A probate court, juvenile division, has found the minor to be within the
jurisdiction of that court.
(6) Action shall not be taken on an application for temporary or administrative
admission of an individual under 18 years of age which is executed by a person in loco
parentis until the facility director, or his or her representative, determines the
whereabouts and legal responsibility of the parent or guardian. If the whereabouts or legal
responsibility of the parents or guardian cannot be determined after reasonable effort,
the director may proceed to take action.
(7) A mentally retarded or developmentally disabled individual may be deemed
suitable for admission as a temporary or administratively admitted resident. The facility
director shall determine suitability and may utilize documentation, previous test
results, or a physician's statements in establishing these conditions for a temporary
admission. Suitability for an administrative admission shall be made with the assistance
of a preadmission examination and in consultation with the community mental health
agency serving the individual's county of residence or county of placement. A
preadmission examination may be completed by a community mental health agency or
private individual if the agency or individuals are under contract with the facility to
provide this examination. An individual shall not be administratively admitted unless
the director concludes on the basis of the preadmission examination, department
admission policies, and other available information that admission is suitable for the
(a) The facility is the least restrictive setting feasible for the individual.
(b) Services and programs in the community cannot provide necessary adequate
habilitation program or special service required by the individual.
(c) The individual is either:
(i) A severely or profoundly retarded person or substantially developmentally
(ii) A mildly or moderately retarded person with either multihandicapping
conditions or specific maladaptive behavior or behavior problems.
(8) An individual who does not meet the criteria in subrule (7) of this rule may be
admitted on a temporary basis at the discretion of the director.
(9) An individual may not be administratively admitted unless a preadmission
examination, including mental, physical, social, and educational evaluations, is
completed. The facility director, in cooperation with the community mental health
agency, shall designate a
professional person to supervise the examination and to prepare a report regarding
the individual's suitability for admission and the
most appropriate living
(10) The facility director shall effect, at least annually, a reexamination of
each administratively admitted resident for the purpose of determining whether he or
she continues to meet the criteria for administrative admission.
(11) If an individual under 18 years of age, who was admitted on a temporary or
administrative basis, becomes 18 years of age, he or she shall be released or shall
be offered the opportunity to request administrative admission if competent. A
guardian may execute the application if the individual is not competent.
History: 1979 AC; 1981 AACS.