INVOLUNTARY COMMITMENT PROCEDURES

Until new legislation is enacted, and becomes effective, commitments of adults with an intellectual disability under section 406 of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. § 4406) may be processed provided that the Secretary of Human Services, his agents and assigns, those under his direction, and all facility directors may not receive a person committed under section 406 of the Mental Health and Intellectual Disability Act of 1966 except upon judicial determination that the standards in this section are met: A person shall be determined to be an individual with an intellectual disability in need of residency placement only upon the following findings:

1. (1) The person is impaired in adaptive behavior to a significant degree and is functioning at an intellectual level two standard deviation measurements below the norm as determined by acceptable psychological testing techniques.
2. (2) The impairment and the resultant disability were manifested before the person’s 18th birthday and are likely to continue for an indefinite period.
3. (3) The person, because of his intellectual disability, presents a substantial risk of physical injury to himself or physical debilitation as demonstrated by behavior within 30 days of the petition which shows that he is unable to provide for, and is not providing for his most basic need for nourishment, personal and medical care, shelter, self-protection and safety and that provision for such needs is not available and cannot be developed or provided in his own home or in his own community without residential placement.

Authority

The provisions of this § 6250.11 amended under sections 201(2) and (8) and 202 of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. § § 4201(2) and (8) and 4202).

Source

The provisions of this § 6250.11 amended June 17, 2016, effective June 18, 2016, 46 Pa.B. 3177. Immediately preceding text appears at serial page (247842).