Chapter 123B

Section 1. The following words as used in this chapter shall, unless the context otherwise requires, have the following meanings: ''Commissioner'', the commissioner of developmental services. ''Department'', the department of developmental services. ''Dependent funds'', those fun…

Section 10. No person shall be deemed to be incompetent to manage his affairs, to contract, to hold professional or occupational or vehicle operators licenses or to make a will solely by reason of his admission or commitment in any capacity to the treatment or care of the departm…

Section 11. In addition to the periodic review under section four of this chapter, whenever the superintendent has reason to believe that a person who has been under the care of the department as a resident for more than six months, who is not under guardianship or conservatorshi…

Section 12. (a) The superintendent may deposit in any bank organized and existing under the laws of the commonwealth funds belonging to persons who are residents at such facility, funds deposited by relatives or friends of such persons, and other funds belonging to such persons e…

Section 13. If a resident of any facility dies leaving an estate which does not exceed fifteen thousand dollars in value, the superintendent shall notify the nearest living relative of such resident of such fact, and if, after the expiration of thirty days from the date of such n…

Section 14. Upon the death of any person confined to an institution under the control of the department, the superintendent of such institution shall, if he is of the opinion that the death may have resulted from violence or unnatural causes, immediately notify the district attor…

Section 15. (a) In cooperation with other state departments and agencies, the department shall cause to be given to persons under its care instruction and education as may be appropriate for such persons to undertake, especially persons who are unable to engage in programs for re…

Section 16. The department may make charges for the care of any person in its facilities. To the extent that any person in its facilities is eligible for third party payment of charges for care, the department shall make said charges for care at rates established by the executive…

Section 17. The department shall keep records of the admission, treatment and periodic review of all persons admitted to facilities under its supervision. Such records shall be private and not open to public inspection except (1) upon proper judicial order whether or not in conne…

Section 2. The department shall, in accordance with section two of chapter thirty A and subject to appropriation, adopt regulations consistent with this chapter which establish procedures and the highest practicable professional standards for the reception, examination, treatment…

Section 3. The department shall notify and consult with the permanent guardian or, if there is no such guardian and the person with an intellectual disability does not knowingly object, the nearest relative of a person with an intellectual disability, prior to the transfer of sai…

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 o…

Section 5. No person with an intellectual disability shall be retained at a facility except under the provisions of sections six and seven.

Section 6. Pursuant to departmental regulations on admission procedures, the superintendent may receive and retain on a voluntary basis any person with an intellectual disability providing the person is in need of care and treatment and providing the admitting facility is suitabl…

Section 7. Any person retained in a facility under the provisions of section six shall be free to leave such facility at any time, and any parent or guardian who requested the admission of such person may withdraw such person at any time, upon giving written notice to the superin…

Section 8. Any person who transports a person with an intellectual disability to or from a facility for any purpose authorized under this chapter shall not use any restraint which is unnecessary for the safety of the person being transported or other persons likely to come in con…

Section 9. A person with an intellectual disability in the care of the department shall be provided with stationery and postage in reasonable amounts and shall have free and unrestricted mailing privileges. A person with an intellectual disability shall have the right to be visit…