Least restrictive conditions

(a) Individuals shall have a right to the least restrictive conditions necessary and available to achieve the purposes of habilitation. To this end, the residential facility shall move individuals from: (1) More to less structured living; (2) Larger to smaller facilities; (3) Larger to smaller living units; (4) Group to individual residence; (5) Segregated to integrated community living; or (6) Dependent to independent living. (b) If at any time the Director decides that an individual should be transferred out of the facility to a less restrictive environment, he or she shall immediately notify the Court pursuant to section 309. Notice shall be provided to the individual, the individual’s counsel, the individual’s advocate for a person with an intellectual disability, if one has been appointed, and the individual’s parent or guardian who petitioned for the commitment.