27 "(3) the facility shall actively elicit feedback from those consumers of its services (and their representa tives) who are not members of the aforementioned governing or advisory bodies; "(4) there shall be an active program of ready, open, and honest communication with the public. In structuring visits to the facility by persons not directly concerned with a resident, however, steps shall be taken both to encourage visiting and to consider the sensibilities and privacy of the residents. Undignified displays or exhibitions of residents shall be avoided, and normal sensibility shall be exercised in speaking about a resident; "(5) personnel shall be permitted to communicate their views about a resident and his needs and program to his relatives. Personnel shall be trained to properly and competently assume this responsibility; "(6) the facility shall maintain active means of keeping residents' families or surrogates informed of activities related to the residents that may be of interest to them; "(7) communications to the facility from residents' relatives shall be promptly and appropriately handled and answered; "(8) close relatives shall be permitted to visit at 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 19 222 21 28 any reasonable hour, and without prior notice. Steps shall be taken, however, so that the privacy and rights of the other residents are not infringed by this practice; "(9) parents and other visitors shall be encouraged to visit the living units, with due regard for privacy. There shall be facilities for visiting that provide privacy in the living unit (but not special rooms used solely for visiting); "(10) parents shall be permitted to visit all parts of the facility that provide services to residents; "(11) frequent and informal visits home shall be encouraged, and the regulations of the facility shall encourage rather than inhibit such visitations; "(12) there shall be an active citizens' volunteer program; and "(13) the facility shall acknowledge the need for, and encourage the implementation of, advocacy for all residents. "SEC. 1123. A public education and information program should be established that utilizes all communication media, and all service, religious, and civil groups, and so 22 forth, to develop attitudes of understanding and acceptance 23 of mentally retarded persons, in all aspects of community 24 living. 1 2 29 "Subchapter III-Admission and Release "SEC. 1124. No individual whose needs cannot be met 3 by the facility shall be admitted to it. The number admitted 4 5 6 7 as residents to the facility shall not exceed— "(1) its rated capacity; and "(2) its provisions for adequate programing. "SEC. 1125. (a) The laws, regulations, and procedures 8 concerning admission, readmission, and release shall be sum9 marized and available for distribution. Admission and release 10 procedures shall-- 11 12 13 14 15 16 17 18 "(1) encourage voluntary admission, upon application of parent or guardian or self; “(2) give equal priority to persons of comparable need, whether application is voluntary or by a court; "(3) facilitate emergency, partial, and short-term residential care, where feasible; and "(4) utilize the maximum feasible amount of voluntariness in each individual case. 19 (b) The determination of legal incompetence shall be 20 separate from the determination of the need for residential 21 services, and admission to the facility shall not automatically 22 imply legal incompetence. 23 "SEC. 1126. (a) The residential facility shall admit only 24 residents who have had a comprehensive evaluation, cover 30 1 ing physical, emotional, social, and cognitive factors, con2 ducted by an appropriately constituted interdisciplinary team. 3 "(b) Initially, service need shall be defined without 4 regard to the actual availability of the desirable options. 5 All available and applicable programs of care, treatment, 6 and training shall be investigated and weighed, and the 7 deliberations and findings recorded. Admission to the resi8 dential facility shall occur only when it is determined to be the optimal available plan. Where admission is not the opti10 mal measure, but must nevertheless be recommended or im11 plemented, its inappropriateness shall be clearly acknowl 12 edged and plans shall be initiated for the continued and 13 active exploration of alternatives. 14 "(c) The intended primary beneficiary of the admis "(4) society; and "(5) several of the above. "(d) All admissions to the residential facility shall be considered temporary, and when appropriate admissions shall be time-limited. Parents or guardians shall be counseled, prior to admission, on the relative advantages and disadvan 31-151 74 Pt. 1 - 12 31 1 tages and the temporary nature of residential services in the 2 facility. Prior to admission, parents or guardians shall, and 3 the prospective resident should, have visited the facility and 4 the living unit in which the prospective resident is likely to 5 be placed. 6 "SEC. 1127. (a) A medical evaluation by a licensed 7 physician shall be made within one week of the resident's 8 admission. Upon admission, residents should be placed in 9 their program groups, and they should be isolated only upon medical orders issued for specific reasons. 10 "(b) Within the period of one month after admission 12 there shall be: "(1) a review and updating of the preadmission evaluation; "(2) a prognosis that can be used for programing and placement; "(3) a comprehensive evaluation and individual program plan, made by an interdisciplinary team; "(4) direct-care personnel shall participate in the aforementioned activities; (5) the results of the evaluation shall be recorded in the resident's unit record; "(6) an interpretation of the evaluation, in action terms, shall be made to: |