Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 1 - General
Chapter 15 - DHHR Pre-Movement Staffing Policy and Procedures for Gary W. Classmembers
Section I-1509 - Extraordinary Circumstances
Universal Citation: LA Admin Code I-1509
Current through Register Vol. 50, No. 9, September 20, 2024
A. Extraordinary circumstances include the following:
1. medical emergency with implications for
extended disability, and when such disability or serious threat to health
requires a change in residential placement before the pre-movement conference
could reasonably be scheduled;
2.
behavioral emergency wherein classmember's behavior represents a serious threat
to his/her safety or to the safety of others. (Property damage with significant
financial or legal consequences or with concurrent risk of physical harm may
also be considered.);
3. loss of
current placement as a residential resource for classmember;
4. sudden opportunity for a less restrictive
placement where prior planning has indicated that this is
appropriate;
5. demand for movement
by parent or guardian of a voluntary minor or by tutor of curator of an adult
under continuing tutorship or interdiction;
6. demand for movement, presented in writing,
by a voluntarily admitted classmember of majority age who has not been
interdicted;
7. arrest or judicial
commitment to another facility.
B. The procedure for staffing classmembers whose movement takes place under extraordinary circumstances follows.
1. The physical movement of a classmember may
take place as necessary under conditions described above.
2. The movement will not, however, be
considered a definite plan until the staffing requirements as outlined under
§2705 have been met.
3. Notification requirements are modified
such that verbal notification of the Gary W. project office must take place as
soon as possible and be confirmed in writing within five working days. Written
notificaton will include a thorough review of the extraordinary circumstances,
and the date movement did (or will) take place.
4. Responsibility for planning and holding
the pre-movement staffing conference will shift to the new facility. A
representative of the former residential facility should attend the
staffing.
5. Pre-movement staffing
will be held at the earliest time at which informational and staff
participation requirements can be met, but not later than 20 working days from
date of first notification.
AUTHORITY NOTE: Promulgated in accordance with Gary W. et al vs. State of Louisiana et al, Civil Action 74-2412.
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