§ 10-1430.25. Involuntary transfer or discharge of resident.

A group home subject to the provisions of the Group Homes for Persons with Developmental or Physical Disabilities Act shall not involuntarily transfer or discharge a resident except for medical reasons, for the safety of the resident or for the safety of other residents, for violations of the contract between the resident and the group home or for nonpayment for the stay of the resident.  Involuntary transfer or discharge of a resident for violations of the contract shall be subject to the conditions and procedures established by the rules adopted by the Commission for Human Services.  Involuntary transfer or discharge of a resident from a group home shall be preceded by a minimum written notice of thirty (30) days.  The thirty-day requirement shall not apply in any of the following instances:

1.  When an emergency transfer or discharge is mandated by the health care needs of the resident and is in accordance with the written orders and medical justification of the attending physician; or

2.  When the transfer or discharge is necessary for the physical safety of other residents as documented in the record.

Added by Laws 1987, c. 225, § 25, eff. July 1, 1987.  Amended by Laws 1994, c. 236, § 14, eff. Sept. 1, 1994; Laws 1996, c. 155, § 25, eff. Nov. 1, 1996; Laws 1996, c. 354, § 25, eff. Nov. 1, 1996.  Renumbered from § 1-818.25 of Title 63 by Laws 1996, c. 354, § 56, eff. Nov. 1, 1996.  Amended by Laws 2006, c. 137, § 20, eff. Nov. 1, 2006.