ID S1081

Idaho State School and Hospital must not admit persons unless an admission-discharge committee determines the individual has a developmental disability, meets level of care requirements, has exhausted all community facility options, and the facility is the least restrictive available placement.

Director may limit admissions through rulemaking to prevent expenditures from exceeding legislative appropriations, and may refuse voluntary admission applicants; temporary emergency admissions for crisis stabilization up to 90 days are exempted from these requirements.

Before discharge implementation, residents and their representatives must participate in developing the discharge plan; if disagreement persists after reasonable efforts, written notice must be provided 90 days prior to discharge with notification to the committing court.

Residents have the right to request a hearing within 15 days of discharge notice; director must schedule hearing within 30 days and provide decision within 30 days after hearing; discharge cannot occur while hearing request is pending.

Appeals of director decisions go to the committing court or county court using procedures in Idaho Code chapter 52, title 67; filing notice of appeal does not automatically stay discharge unless otherwise ordered by the court.