NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

CHAPTER 1012

HOUSE BILL 226

AN ACT TO AMEND ARTICLE 3 OF CHAPTER 122 OF THE GENERAL STATUTES TO ASSURE CONTINUITY OF RESIDENTIAL CARE OR TREATMENT FOR PERSONS WITH MENTAL RETARDATION.

The General Assembly of North Carolina enacts:

Section 1. Article 3 of Chapter 122 of the General Statutes is amended by adding a new section to read:

"§ 122-55.8. Assurance for continuity of care for persons with mental retardation. - (a) Any person with mental retardation admitted for residential care or treatment to any 24-hour residential facility, operated under the authority of this Chapter and supported all or in part by State appropriated funds, for other than respite or emergency care shall have the right to residential placement in an alternative facility if the person is in need of placement and if the original facility can no longer provide the care or treatment.

(b)        The area mental health, mental retardation and substance abuse authority which serves the county of residence of the person is responsible for the coordination of the placement.

(c)        The Department of Human Resources is responsible for coordinative and financial assistance to the area authority in assuring this continuity of care."

Sec. 2. This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 9th day of October, 1981.