Print Print
  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XVII PUBLIC WELFARE
  • CHAPTER 123B MENTAL RETARDATION
  • Section 4 Periodic review; notice

Section 4. Each person within the care of the department shall be the subject of a periodic review under the supervision of the superintendent, which shall include, but not necessarily be limited to, (1) a thorough clinical examination, (2) an evaluation of the legal competency of the person and the necessity or advisability of having a guardian or conservator appointed or removed, (3) a consideration of all possible alternatives to continued residential care including, but not necessarily limited to, a determination of the person’s relationship to the community and to his family, or his employment possibilities, and of available community resources, foster care and convalescent facilities, and (4) unless a guardian or conservator has been appointed, an evaluation of each person who is a resident of a facility in order to determine how much of his funds shall be designated as dependent funds and how much as independent funds, and the formulation and maintenance of a financial plan for the use of his dependent funds. Said periodic review shall take place at least upon admission, once during the first three months after admission, once during the second three months after admission and annually thereafter. Said person shall be given a physical examination by a physician licensed under the provisions of chapter one hundred and twelve at least once in every twelve-month period during which he is resident in said departmental facility. The superintendent shall give written notice to said person and his guardian, or, if there is no such guardian and the person with an intellectual disability does not knowingly object, his nearest relative prior to any such review which is made subsequent to admission. The social service department of the facility shall take part in the review and may utilize community resources. The results of each review shall become part of the official record of the person reviewed.

Following such review, if the person is still in need of care as a resident, the superintendent shall notify the person and his guardian, or, if there is no such guardian and the person with an intellectual disability does not knowingly object, his nearest relative.