Section 22-B1600. GENERAL PROVISIONS  


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    1600.1Respite care shall provide support services to mentally retarded persons in order to give a primary caregiver temporary overnight relief from the daily responsibilities of caring for each mentally retarded individual who lives in his or her home.

     

    1600.2Respite care shall be offered to do the following:

     

    (a)To restore or maintain the primary caregivers’ physical and emotional well being;

     

    (b)To prevent commitment of mentally retarded individuals;

     

    (c)To provide help and assistance to allow primary caregivers to meet a planned absence; and

     

    (d)To assist primary caregivers in times of emergency.

     

    1600.3Periods of respite care may be as brief as an overnight stay, several days, or several weeks subject to the limitations in § 1600.4.

     

    1600.4No mentally retarded person shall receive more than forty-two (42) days of respite in any twelve (12) month period unless it is determined that more than forty-two (42) days is required, and specific authorization by the Court after a hearing is obtained as set forth in D.C. Code, 2001 Ed. §§ 7-1304.01 to 7-1304.13.

     

    1600.5Emergency respite services shall be short term; authorized for no more than seven (7) successive days.

     

    1600.6Emergency respite care shall be terminated after the seven (7) days with appropriate planning for longer periods of respite, or when permanent residential planning is finalized.

     

    1600.7Respite care shall be provided in any of the following types of facilities:

     

    (a)A licensed group home for mentally retarded persons;

     

    (b)A licensed or approved specialized foster home;

     

    (c)A licensed or approved community residence facility;

     

    (d)A certified intermediate care facility for the mentally retarded;

     

    (e)A licensed nursing home; or

     

    (f)A licensed hospital.

     

    1600.8Respite care shall be provided by the Department of Human Services and coordinated by the Mental Retardation/Developmental Disabilities Administration (MR/DDA), hereafter referred to as the Administration.

     

authority

Unless otherwise noted, the authority for this chapter is the Mentally Retarded Citizens Constitutional Rights and Dignity Act of 1978 § 314, D.C. Code, 2001 Ed. §7-1303.14; and Mayor’s Reorganization Plan No. 2 of 1979, 3 D.C. Code, 2001 Ed. at 338.

source

Final Rulemaking published at 34 DCR 3319 (May 22, 1987).