New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 371 - DEVELOPMENTAL DISABILITIES
Part 6 - REQUIREMENTS FOR DEVELOPMENTAL DISABILITIES COMMUNITY PROGRAMS
Section 8.371.6.10 - ADMISSION TO COMMUNITY LIVING SETTINGS

Universal Citation: 8 NM Admin Code 8.371.6.10

Current through Register Vol. 35, No. 18, September 24, 2024

A. If the person served is found able to consent and agrees to be admitted to the community living-setting they shall record their signature or make other appropriate designation of approval on the admissions document.

B. If the person served is found able to consent and the IDT indicates that the person served would benefit from placement in a community-living setting, but the person served refuses such placement attempt, then the person served may be admitted only upon involuntary commitment under Sections 43-113 NMSA 1978, or 43-1-11 NMSA 1978 and 43-1-12 NMSA 1978 of the New Mexico Mental Health and Developmental Disabilities Code.

C. If the person served is found not able to give consent and the IDT indicates that the person served would benefit from placement in a community-living setting, then the program may not admit the person without the consent of a guardian legally authorized to provide or withhold such consent. The exception would be in the case of an emergency admission for a period not to exceed 90 days, pursuant to 8.371.6.12 NMAC.

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