La. Admin. Code tit. 48 § I-1509

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-1509 - Extraordinary Circumstances

A. Extraordinary circumstances include the following:

1. medical emergency with implications for extended disability, and when such disability or serious threat to health requires a change in residential placement before the pre-movement conference could reasonably be scheduled;

2. behavioral emergency wherein classmember's behavior represents a serious threat to his/her safety or to the safety of others. (Property damage with significant financial or legal consequences or with concurrent risk of physical harm may also be considered.);

3. loss of current placement as a residential resource for classmember;

4. sudden opportunity for a less restrictive placement where prior planning has indicated that this is appropriate;

5. demand for movement by parent or guardian of a voluntary minor or by tutor of curator of an adult under continuing tutorship or interdiction;

6. demand for movement, presented in writing, by a voluntarily admitted classmember of majority age who has not been interdicted;

7. arrest or judicial commitment to another facility.

B. The procedure for staffing classmembers whose movement takes place under extraordinary circumstances follows.

1. The physical movement of a classmember may take place as necessary under conditions described above.

2. The movement will not, however, be considered a definite plan until the staffing requirements as outlined under §2705 have been met.

3. Notification requirements are modified such that verbal notification of the Gary W. project office must take place as soon as possible and be confirmed in writing within five working days. Written notificaton will include a thorough review of the extraordinary circumstances, and the date movement did (or will) take place.

4. Responsibility for planning and holding the pre-movement staffing conference will shift to the new facility. A representative of the former residential facility should attend the staffing.

5. Pre-movement staffing will be held at the earliest time at which informational and staff participation requirements can be met, but not later than 20 working days from date of first notification.

La. Admin. Code tit. 48, § I-1509

Promulgated by the Department of Health and Human Resources, Office of the Secretary, LR 13:246 (April 1987).

AUTHORITY NOTE: Promulgated in accordance with Gary W. et al vs. State of Louisiana et al, Civil Action 74-2412.