Tennessee § 33-5-301 - Part definitions — Admission to developmental center — Emergency respite admission — Review.

§ 33-5-301. Part definitions — Admission to developmental center — Emergency respite admission — Review.

As used in this part, unless the context otherwise requires: “Emergency respite admission” means an admission for up to forty-five (45) days authorized due to an emergency situation that results in the temporary inability of the person who has the care, custody, and control of a person with intellectual or developmental disability to provide proper care, custody, and control; “Regular voluntary admission” means an admission authorized by a statewide admission review committee for a specified period of time; “Respite admission” means an admission for up to forty-five (45) days authorized solely for the purpose of providing a respite for the person having responsibility for the care, custody, and control of a person with intellectual or developmental disability; and “Short-term training admission” means an admission authorized by a written agreement between a developmental center and an applicant that the center provide services and supports for a person with intellectual or developmental disability to learn how to perform a certain function or functions for a specified period of time, not exceeding six (6) months, at the end of which the center will discharge the person with intellectual or developmental disability to the care, custody, and control of the applicant. Under department rules and pursuant to the direction of the statewide admission review committee, the chief officer or director of a center or the appointed designee of a developmental center, subject to the availability of suitable accommodations and the absence of a less restrictive alternative, may admit for diagnosis, care, training and treatment: A person with intellectual or developmental disability who applies for voluntary admission and does not lack capacity to apply under § 33-3-218; A child with intellectual or developmental disability whose parent or legal guardian applies for voluntary admission; or An adult whose conservator applies for voluntary admission. The departments of human services and children's services may apply for respite and emergency respite admission on behalf of a person with intellectual or developmental disability who is in their custody. Admissions to a developmental center under respite, emergency respite, or short-term training admission, or any combination of these, shall not exceed two hundred twenty-five (225) days within a twelve-month period from the first day of admission in any of the categories. A respite admission, emergency respite admission, short-term training admission, or combination of such admissions shall not be used to circumvent appearance before the statewide admission review committee when regular voluntary admission is actually sought or appropriate. No regular voluntary admission shall be based on the premise that it is for a lifetime. The statewide admission review committee shall informally review a person's emergency respite admission within seven (7) days after the person is admitted. If the review is not done, then a hearing shall be held by the committee to review the propriety of the admission as in the case of regular voluntary admissions and shall make its decision within twenty-five (25) days after admission. Upon receipt of an application for admission, the developmental center shall evaluate the person with intellectual or developmental disability to assess the person's need for services and supports and the least restrictive alternative available to provide appropriate services and supports to the person. If the evaluation results in a recommendation for a regular voluntary admission and there is an available suitable accommodation, the developmental center will report its findings and recommendations to the statewide admission review committee. The department may adopt rules to implement the statewide admissions review committee and to specify its duties and membership. Acts 1975, ch. 248, § 13; 1983, ch. 323, § 10; T.C.A., § 33-501; Acts 1984, ch. 922, § 8; 1988, ch. 828, § 2; 1993, ch. 283, § 1; 1995, ch. 468, § 1; T.C.A., § 33-5-101(b) ; Acts 2000, ch. 947, § 1; 2012, ch. 636, §§ 1-5. Compiler's Notes. Former § 33-5-301 (Acts 1975, ch. 248, § 13; T.C.A., § 33-505), concerning mental health and mental retardation services, was repealed by Acts 2000, ch. 809, § 2, effective May 24, 2000. For present law, see § 33-5-106 . Former chapter 5, §§ 33-5-101 , 33-5-105 , 33-5-201 , 33-5-301 — 33-5-303 , 33-5-305 — 33-5-310 , 33-5-401 — 33-5-412 (Acts 1971, ch. 289, § 1; 1975, ch. 248, § 13; 1976, ch. 763, § 4; 1976, ch. 764, § 3; 1978, ch. 527, § 3; 1978, ch. 667, § 2; 1980, ch. 822, § 1; 1981, ch. 224, §§ 5, 6, 10; 1982, ch. 862, § 2; 1983, ch. 323, § 10; T.C.A., §§ 33-313, 33-501, 33-505 — 33-507, 33-510, 33-515, 33-516, 33-523, 33-524, 33-1601; Acts 1984, ch. 922, §§ 6, 8-11; 1988, ch. 828, § 2; 1989, ch. 504, § 1; 1992, ch. 981, §§ 2-13, 15; 1992, ch. 991, § 14; 1993, ch. 283, § 1; 1994, ch. 683, § 1; 1995, ch. 468, § 1; 2000, ch. 947, § 6); § 33-5-102 (Acts 1975, ch. 248, § 13; T.C.A. § 33-502), which was repealed by Acts 1993, ch. 283, § 2; § 33-5-103 (Acts 1975, ch. 248, § 13; T.C.A. § 33-503), which was repealed by Acts 1993, ch. 283, § 2; § 33-5-104 (Acts 1975, ch. 248, § 13; 1976, ch. 763, § 3; 1978, ch. 527, § 1; T.C.A. § 33-504), which was repealed by Acts 1993, ch. 283, § 2; and § 33-5-304 (Acts 1975, ch. 248, § 13; 1978, ch. 527, § 2; 1978, ch. 667, § 1; 1981, ch. 224, § 8; T.C.A., § 33-508), which was repealed by Acts 1984, ch. 922, § 33, is deleted and replaced in the revision of title 33 by Acts 2000, ch. 947, § 1, effective March 1, 2001. Cross-References. Definitions applicable throughout title, § 33-1-101 . Collateral References. Liability of one releasing institutionalized mental patient for harm he causes. 38 A.L.R.3d 699.