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0 chapters · 237 sections in this title.
La. Rev. Stat. § 28:453.2 Ombudsman functions and responsibilities
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§453.2. Ombudsman functions and responsibilities A. The ombudsman shall have the following functions and responsibilities: (1) To receive, investigate, and resolve complaints made by or on behalf of persons who live in facilities described in this Chapter concerning any act, omis…
La. Rev. Stat. § 28:453.3 Access; liability
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§453.3. Access; liability A. The ombudsman shall have immediate access to any person living in a licensed facility described in this Chapter in the reasonable conduct of the functions and responsibilities of the ombudsman, shall inform the administrator or person in charge upon e…
La. Rev. Stat. § 28:453.4 Prohibition of interference; penalties
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§453.4. Prohibition of interference; penalties A residential facility as described in this Chapter shall cooperate with an ombudsman in the performance of his official duties and shall not interfere with, nor retaliate against, a person who has filed a complaint with an ombudsman…
La. Rev. Stat. § 28:454.1 Developmental disabilities services system
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§454.1. Developmental disabilities services system A. The office of intellectual and developmental disability supports shall establish a developmental disabilities services and supports system and shall serve as the single point of entry into the system. The services and supports…
La. Rev. Stat. § 28:454.10 Transfer of persons with developmental disabilities
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§454.10. Transfer of persons with developmental disabilities The department shall develop procedures for handling requests for transfers and oppositions to transfers. (1) No transfer shall occur without prior notice to the person receiving services, his curator, tutor, or other l…
La. Rev. Stat. § 28:454.11 Rights of persons committed to the department
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§454.11. Rights of persons committed to the department A. No person committed pursuant to this Chapter shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of Louisiana, or the Constitution of the United States solely because of his status …
La. Rev. Stat. § 28:454.12 Immunity from liability
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§454.12. Immunity from liability Any admissions, detentions, confinements, commitments, discharges, or transfers of persons with developmental disabilities, or the denial of any thereof, in accordance with the provisions of this Chapter, by the department, the office, or its admi…
La. Rev. Stat. § 28:454.13 Failure to obey an order or judgment
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§454.13. Failure to obey an order or judgment A. The failure by any facility administrator or director to obey an order or judgment committing a person with developmental disabilities to a public or private residential living option or developmental disability service or both sha…
La. Rev. Stat. § 28:454.14 Criminal matters
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§454.14. Criminal matters A. Any person with a developmental disability found not guilty by reason of insanity or found to be presently lacking the mental capacity to proceed to trial may be committed for developmental disabilities services or residential living options, or both,…
La. Rev. Stat. § 28:454.15 Grievance procedure
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§454.15. Grievance procedure A. A person receiving developmental disabilities supports and services or his responsible party may file a grievance against any public or private provider agency receiving state funding for developmental disabilities services in accordance with the S…
La. Rev. Stat. § 28:454.16 Appeal procedure
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§454.16. Appeal procedure A. A person may file an administrative appeal with the division of administrative law regarding the following determinations: (1) A finding by the office that the person does not qualify for system entry. (2) Termination of a support or service. (3) Disc…
La. Rev. Stat. § 28:454.17 Rules and regulations
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§454.17. Rules and regulations The office is authorized to establish regulations approved by the department, promulgated in accordance with the requirements of this Chapter and the Administrative Procedure Act. Acts 2005, No. 128, §1, eff. June 22, 2005.
La. Rev. Stat. § 28:454.18 Advertisement and award of lease bid
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§454.18. Advertisement and award of lease bid The office and administrative units thereof are exempt from the requirement of R.S. 39:1643, regarding advertisement and award of lease bids, except that such exemption shall only be to lease privately owned buildings or space for the…
La. Rev. Stat. § 28:454.2 System process; entry; support profile; support plan; transfer and discharge; follow-up; record
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§454.2. System process; entry; support profile; support plan; transfer and discharge; follow-up; record A. Determination for entry into the system shall be made in accordance with the following: (1) Referrals shall be received from a variety of sources for a determination for ent…
La. Rev. Stat. § 28:454.3 Consent; capacity to consent
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§454.3. Consent; capacity to consent A. A person with a developmental disability is presumed to have capacity to give consent to a particular decision, unless and until determined otherwise. The provisions of this Section shall apply only to persons with cognitive disabilities. (…
La. Rev. Stat. § 28:454.4 Voluntary admission and discharge
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§454.4. Voluntary admission and discharge A. The department is encouraged to admit persons with developmental disabilities to developmental disabilities services on a voluntary basis. Neither the department nor any employee or agent of a provider of developmental disabilities ser…
La. Rev. Stat. § 28:454.5 Involuntary admission; determination of probable cause
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§454.5. Involuntary admission; determination of probable cause A. Any interested person, including a representative of the department, may file a petition seeking to have a person with a developmental disability remanded to the custody of the department on the grounds that he is …
La. Rev. Stat. § 28:454.6 Judicial hearings; commitments
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§454.6. Judicial hearings; commitments A. The hearing shall take precedence over all other matters, except pending cases of the same type, and shall be a closed hearing. The court shall conduct the hearing in as formal a manner as is possible under the circumstances and shall adh…
La. Rev. Stat. § 28:454.7 Duration and discharge of commitment
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§454.7. Duration and discharge of commitment A. An initial judgment of commitment shall be for a period not to exceed one hundred eighty days. Continuation of commitment beyond one hundred eighty days requires a hearing conducted in accordance with the provisions of this Chapter.…
La. Rev. Stat. § 28:454.8 Judicial commitment; appeals
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§454.8. Judicial commitment; appeals A person who is involuntarily committed shall be allowed to appeal devolutively from the order to the court of appeal. Upon perfection of an appeal, it shall be heard in a summary manner taking preference over all other cases except similar ma…
La. Rev. Stat. § 28:454.9 Judicial commitment; notice of rights
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§454.9. Judicial commitment; notice of rights A. Every person involuntarily committed under this Section into any residential living option other than his home, shall be informed in writing at the time of admission of the following: (1) Procedures for requesting release from comm…
La. Rev. Stat. § 28:455.1 Quality standards
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§455.1. Quality standards The office shall adopt standards for the quality of developmental disabilities services, shall disseminate those standards to persons with developmental disabilities and their families, stakeholders, and other interested parties, and shall establish mech…
La. Rev. Stat. § 28:455.2 Assurances of consistency with local and state planning
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§455.2. Assurances of consistency with local and state planning A. Applicants who plan to utilize state or federal funds for a new developmental disabilities service shall submit an application for review and approval to the office prior to the application to the department for l…
La. Rev. Stat. § 28:461 Findings; policy
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§461. Findings; policy A. The Louisiana Legislature hereby finds that there is an urgent and substantial need in this state for all of the following: (1) Enhancements in the development of infants and toddlers with disabilities in order to minimize their potential for development…
La. Rev. Stat. § 28:462 Definitions
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§462. Definitions As used in this Chapter, the following terms shall have the meaning ascribed to them in this Section, unless the context clearly indicates otherwise: (1) "Cost participation" means fees or other charges through which families share in the cost for early interven…
La. Rev. Stat. § 28:463 Goals
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§463. Goals A. Louisiana shall adopt a policy which incorporates all of the components of a statewide system as provided in this Chapter. B. The department shall include in its annual application for federal funds assurances that the statewide system provided for in this Chapter …
La. Rev. Stat. § 28:464 Requirements for statewide system
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§464. Requirements for statewide system A statewide comprehensive, coordinated, multidisciplinary, interagency system to provide early intervention services for infants and toddlers with disabilities and their families shall include, at a minimum, the following components: (1) A …
La. Rev. Stat. § 28:465 Individualized family service plan
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§465. Individualized family service plan A. Assessment and program development shall provide, at a minimum, for each infant and toddler with disabilities and the infant's or toddler's family to receive: (1) A multidisciplinary assessment of the unique strengths and needs of the i…
La. Rev. Stat. § 28:466 Uses of funds
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§466. Uses of funds In addition to utilizing funds provided pursuant to the provisions of this Chapter to implement and maintain the statewide system, the department shall use such funds for the following purposes: (1) For direct early intervention services for infants and toddle…
La. Rev. Stat. § 28:467 Procedural safeguards
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§467. Procedural safeguards The procedural safeguards which shall be included in a statewide system shall provide, at a minimum, the following: (1) The timely administrative resolution of complaints by parents. Any party aggrieved by the findings and decision regarding an adminis…
La. Rev. Stat. § 28:468 Payor of last resort; nonsubstitution; reduction of other benefits
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§468. Payor of last resort; nonsubstitution; reduction of other benefits A. Funds provided pursuant to this Chapter may not be used to satisfy a financial commitment for services that would have been paid for from another public or private source, including any medical program ad…
La. Rev. Stat. § 28:469 System of payments; authority of the Louisiana Department of Health; cost
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§469. System of payments; authority of the Louisiana Department of Health; cost participation schedule A. The department is hereby authorized to establish a statewide system of payments in accordance with the provisions of 34 CFR Part 303. B.(1) In implementing the system of paym…
La. Rev. Stat. § 28:470 Louisiana State Interagency Coordinating Council for EarlySteps: Louisiana's Early
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§470. Louisiana State Interagency Coordinating Council for EarlySteps: Louisiana's Early Intervention Program for Infants and Toddlers with Disabilities and Their Families A. The Louisiana State Interagency Coordinating Council for EarlySteps: Louisiana's Early Intervention Progr…
La. Rev. Stat. § 28:470.11 Lafourche Arc Taxing District; creation; governance; funding
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§470.11. Lafourche Arc Taxing District; creation; governance; funding A. There is hereby created within the parish of Lafourche, as more specifically provided in Subsection B of this Section, a body politic and corporate which shall be known as the Lafourche Arc Taxing District, …
La. Rev. Stat. § 28:475 Short title
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§475. Short title This Chapter shall be known and may be cited as the "Group Home for Persons Who Have Mental Illness or Developmental Disabilities Act". Added by Acts 1981, No. 892, §1, eff. Aug. 2, 1981; Acts 2014, No. 811, §14, eff. June 23, 2014; Acts 2017, No. 369, §2.
La. Rev. Stat. § 28:476 Declaration of policy
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§476. Declaration of policy The legislature hereby declares that it is the policy of this state as declared and established in this Title, particularly in the Developmental Disability Law and the Behavioral Health Law, that persons with mental or physical disabilities are entitle…
La. Rev. Stat. § 28:477 Definitions
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§477. Definitions As used in this Chapter, unless otherwise clearly indicated, these words and phrases have the following meanings: (1) "Community home" means a facility certified, licensed, or monitored by the Louisiana Department of Health to provide resident services and super…
La. Rev. Stat. § 28:478 Promotion of community-based homes
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§478. Promotion of community-based homes A. In order to achieve uniform statewide implementation of the policies of this Title and of those of the Developmental Disabilities Law and of the Behavioral Health Law, it is necessary to establish the statewide policy that community hom…
La. Rev. Stat. § 28:50 Declaration of policy
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§50. Declaration of policy The underlying policy of this Chapter is as follows: (1) That persons who have a mental illness and persons suffering from a substance-related or addictive disorder be encouraged to seek voluntary treatment. (2) That any involuntary treatment or evaluat…
La. Rev. Stat. § 28:51 Procedures for admission
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§51. Procedures for admission A. The director of a treatment facility, subject to the availability of suitable accommodations, shall receive for observation, diagnosis, care, and treatment, any person whose admission is authorized under any of the procedures provided for in R.S. …
La. Rev. Stat. § 28:51.1 Treatment facility; staff membership and institutional privileges; certain healthcare
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§51.1. Treatment facility; staff membership and institutional privileges; certain healthcare providers A.(1) Notwithstanding any provision of the law to the contrary, the governing body of a treatment facility, as defined in R.S. 28:2, may grant staff membership, specifically del…
La. Rev. Stat. § 28:52 Voluntary admissions; general provisions
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§52. Voluntary admissions; general provisions A. Any person who has a mental illness or person who is suffering from a substance-related or addictive disorder may apply for voluntary admission to a treatment facility. B. Admitting physicians and psychiatric mental health nurse pr…
La. Rev. Stat. § 28:52.2 Formal voluntary admission
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§52.2. Formal voluntary admission A. Any person who has a mental illness or person who is suffering from a substance-related or addictive disorder desiring admission to a treatment facility for diagnosis or treatment of a psychiatric disorder or a substance-related or addictive d…
La. Rev. Stat. § 28:52.3 Noncontested admission
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§52.3. Noncontested admission A. A person who has a mental illness or person who is suffering from a substance-related or addictive disorder who does not have the capacity to make a knowing and voluntary consent to a voluntary admission status and who does not object to his admis…
La. Rev. Stat. § 28:52.4 Admission by relative or legal guardian for substance-related or addictive disorder
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§52.4. Admission by relative or legal guardian for substance-related or addictive disorder treatment A. A person suffering from a substance-related or addictive disorder may be admitted and detained at a hospital or other treatment facility for observation, diagnosis, and treatme…
La. Rev. Stat. § 28:53 Admission by emergency certificate; extension; payment for services rendered
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§53. Admission by emergency certificate; extension; payment for services rendered A.(1) A person who has a mental illness or a person who is suffering from a substance-related or addictive disorder may be admitted and detained at a treatment facility for observation, diagnosis, a…
La. Rev. Stat. § 28:53.1 Requirements; medical evaluation; discharge plan; healthcare provider notification
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§53.1. Requirements; medical evaluation; discharge plan; healthcare provider notification requirements A. If a patient is admitted for inpatient behavioral healthcare services pursuant to an emergency certificate issued in accordance with R.S. 28:53, the admitting healthcare faci…
La. Rev. Stat. § 28:53.2 Order for custody; grounds; civil liability; criminal penalty for making a false
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§53.2. Order for custody; grounds; civil liability; criminal penalty for making a false statement A. Any parish coroner or judge of a court of competent jurisdiction may order a person to be taken into protective custody and transported to a treatment facility or the office of th…
La. Rev. Stat. § 28:53.3 Order for custody; grounds; teleconference; Jefferson Parish
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§53.3. Order for custody; grounds; teleconference; Jefferson Parish When a peace officer or other credible person executes a statement made to the best of his knowledge, belief, and personal observations from any law enforcement agency physically located in the city of Kenner or …
La. Rev. Stat. § 28:53.4 Order for custody; grounds; teleconference; Lafourche Parish
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§53.4. Order for custody; grounds; teleconference; Lafourche Parish When a peace officer or other credible person executes a statement made to the best of his knowledge, belief, and personal observations from any law enforcement agency physically located in the city of Thibodaux …
