TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-22
Developmental Disabilities

SECTION 40.1-22-19


§ 40.1-22-19 Aliens and nonresidents.

(a) The director shall be responsible for the investigation and examination of all alien and nonresident persons who are developmentally disabled in any facility under the jurisdiction of the department of health, department of human services or elsewhere if admitted pursuant to the provisions of this chapter, and to attend to the deportation or removal of such persons to their respective countries or places of residence.

(b) The director may make reciprocal agreements with other states or political subdivisions thereof to provide for prompt humane return under proper supervision of developmentally disabled residents of other states or political subdivisions thereof.

(c) In the case of nonresidents the director shall cause them to be removed to the state of their residence, except that he or she may defer the action where the removal would cause the developmentally disabled person undue hardship unless the interests of the state and other clients would be materially harmed by the deferment.

(d) The director shall designate such person or persons as deemed necessary to accompany clients, unless it be certified by the director that clients are in a condition to travel alone in safety.

(e) The director in his or her discretion may, upon the request of any developmentally disabled person resident in a facility or upon the written consent of a relative, legal representative, or qualified friend, remove the person to any country, other state, or place in which he or she may properly belong.

(f) For the purposes of this section the director, or his or her duly designated representative acting in his or her behalf in the matter, shall have the power to administer oaths, hold hearings, take testimony, issue subpoenas duces tecum, subpoena, and compel the attendance of witnesses who may have information in respect to the residence of the developmentally disabled person under investigation. Subpoenas issued under this section shall be regulated by civil practice law and rules.

History of Section.
(P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-19; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2.)