§454.10.  Transfer of persons with developmental disabilities

The department shall develop procedures for handling requests for transfers and oppositions to transfers.

(1)  No transfer shall occur without prior notice to the person receiving services, his curator, tutor, or other legal guardian and any other person of his choice.

(2)  In the case of an involuntary admission, notice shall also be provided to the committing court of the proposed transfer.

(3)  Such transfer shall be in accordance with applicable federal laws, regulations and interagency agreements.

(4)  A temporary change in residential living options for specialized services not otherwise available shall not be considered a transfer for the purposes of this Section.

(5)  Subject to applicable federal and state laws and regulations, the department shall have the authority to transfer persons placed in its custody and the office shall have the authority to transfer any person receiving developmental disabilities services within or from the Developmental Disabilities Services System.

Acts 2005, No. 128, §1, eff. June 22, 2005.