Title 28, Mental Health
0 chapters · 365 sections in this title.
La. Rev. Stat. § 28:431 Repealed by Acts 2005, No
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§431. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
La. Rev. Stat. § 28:432 Repealed by Acts 2005, No
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§432. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
La. Rev. Stat. § 28:433 Repealed by Acts 2005, No
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§433. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
La. Rev. Stat. § 28:434 Repealed by Acts 2005, No
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§434. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
La. Rev. Stat. § 28:435 Repealed by Acts 2005, No
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§435. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
La. Rev. Stat. § 28:436 Repealed by Acts 2005, No
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§436. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
La. Rev. Stat. § 28:437 Repealed by Acts 2005, No
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§437. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
La. Rev. Stat. § 28:440 Repealed by Acts 2005, No
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§440. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
La. Rev. Stat. § 28:441 Repealed by Acts 2005, No
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§441. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
La. Rev. Stat. § 28:442 Repealed by Acts 2005, No
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§442. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
La. Rev. Stat. § 28:443 Repealed by Acts 2005, No
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§443. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
La. Rev. Stat. § 28:444 Repealed by Acts 2005, No
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§444. Repealed by Acts 2005, No. 128, §3, eff. June 22, 2005.
La. Rev. Stat. § 28:451.1 Title; purpose; intent
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§451.1. Title; purpose; intent A. This Chapter shall be cited as the "Developmental Disability Law". B. It is the purpose of this Chapter to provide for a developmental disabilities services system that values all persons with developmental disabilities and affirms and protects t…
La. Rev. Stat. § 28:451.2 Definitions
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§451.2. Definitions As used in this Chapter, the following words, terms, and phrases shall have the meaning ascribed to them in this Section, except when the context clearly indicates a different meaning: (1) "Administrative units" means developmental centers and any other unit e…
La. Rev. Stat. § 28:451.3 Administration of the provisions of this Chapter; responsibilities of human services
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§451.3. Administration of the provisions of this Chapter; responsibilities of human services authorities and districts; advisory committees A. The provisions of this Chapter shall be administered and coordinated by the office according to regulations promulgated by the office in …
La. Rev. Stat. § 28:451.4 State developmental centers; office for citizens with developmental disabilities
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§451.4. State developmental centers; office for citizens with developmental disabilities A. The office shall administer, supervise, and be responsible for the operation of state developmental centers providing developmental disabilities services. B. Pinecrest Supports and Service…
La. Rev. Stat. § 28:451.5 Provision of additional living options and developmental disabilities services and supports
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§451.5. Provision of additional living options and developmental disabilities services and supports A. The office may provide developmental disabilities services directly pursuant to R.S. 28:451.3 or through written agreements with public or private providers meeting state and fe…
La. Rev. Stat. § 28:451.6 Assignment of property rights
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§451.6. Assignment of property rights A. By receiving services from and living in a licensed, state-operated, twenty-four-hour residential facility provided by or through the office, the person shall be deemed to have made an assignment to the department of his right, title, and …
La. Rev. Stat. § 28:452.1 Rights of persons who have developmental disabilities
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§452.1. Rights of persons who have developmental disabilities A. The rights that are specifically enumerated in this Part are in addition to all other rights of persons with developmental disabilities protected under state and federal law and all rights enjoyed by all citizens of…
La. Rev. Stat. § 28:452.2 Principles for the developmental disabilities services system
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§452.2. Principles for the developmental disabilities services system The department through the office shall provide developmental disabilities services and supports consistent with the following principles, to the extent possible: A. Supports assist in enabling people to exerci…
La. Rev. Stat. § 28:453.1 Definition; establishment of the ombudsman program
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§453.1. Definition; establishment of the ombudsman program A. The term "ombudsman" shall refer to a person who is trained and certified as required by the Department of Justice. B. The ombudsman program is established in the Department of Justice for the purpose of monitoring car…
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 for citizens with developmental disabilities 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 noted in…
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…