§ 40.1-22-19. Aliens and nonresidents.
(a) The director shall be responsible for the investigation and examination of all alien and nonresident persons who are developmentally disabled in any facility under the jurisdiction of the department of health, department of human services or elsewhere if admitted pursuant to the provisions of this chapter, and to attend to the deportation or removal of such persons to their respective countries or places of residence.
(b) The director may make reciprocal agreements with other states or political subdivisions thereof to provide for prompt humane return under proper supervision of developmentally disabled residents of other states or political subdivisions thereof.
(c) In the case of nonresidents the director shall cause them to be removed to the state of their residence, except that he or she may defer the action where the removal would cause the developmentally disabled person undue hardship unless the interests of the state and other clients would be materially harmed by the deferment.
(d) The director shall designate such person or persons as deemed necessary to accompany clients, unless it be certified by the director that clients are in a condition to travel alone in safety.
(e) The director in his or her discretion may, upon the request of any developmentally disabled person resident in a facility or upon the written consent of a relative, legal representative, or qualified friend, remove the person to any country, other state, or place in which he or she may properly belong.
(f) For the purposes of this section the director, or his or her duly designated representative acting in his or her behalf in the matter, shall have the power to administer oaths, hold hearings, take testimony, issue subpoenas duces tecum, and subpoena and compel the attendance of witnesses who may have information in respect to the residence of the developmentally disabled person under investigation. Subpoenas issued under this section shall be regulated by civil practice law and rules.
History of Section.P.L. 1970, ch. 324, § 1; G.L. 1956, § 23-43.1-19; P.L. 1979, ch. 39, § 1; P.L. 1995, ch. 122, § 2; P.L. 2020, ch. 79, art. 1, § 39.
Structure Rhode Island General Laws
Title 40.1 - Behavioral Healthcare, Developmental Disabilities and Hospitals
Chapter 40.1-22 - Developmental Disabilities
Section 40.1-22-1. - Short title.
Section 40.1-22-2. - [Repealed.]
Section 40.1-22-3. - Definitions.
Section 40.1-22-4. - General powers and duties of the director.
Section 40.1-22-5. - Construction with other laws.
Section 40.1-22-6. - Admission as a resident in a facility.
Section 40.1-22-7. - Voluntary admissions and discharges.
Section 40.1-22-8. - [Repealed.]
Section 40.1-22-9. - Admission upon application of director, relative, or guardian.
Section 40.1-22-10. - Discharges — Judicial review.
Section 40.1-22-11. - [Repealed.]
Section 40.1-22-12. - Forwarding of client’s letters.
Section 40.1-22-14. - Retention of client for more than six (6) months.
Section 40.1-22-15. - Hearings.
Section 40.1-22-16. - Discharge.
Section 40.1-22-17. - Refusal to discharge.
Section 40.1-22-18. - [Repealed.]
Section 40.1-22-19. - Aliens and nonresidents.
Section 40.1-22-20. - Exclusiveness of this chapter.
Section 40.1-22-21. - State support of poor or indigent clients.
Section 40.1-22-22. - Guardians ad litem.
Section 40.1-22-23. - Emergency medical or surgical care.
Section 40.1-22-24. - [Repealed.]
Section 40.1-22-25. - Conspiracy to commit person improperly.
Section 40.1-22-26. - Deprivation of rights.
Section 40.1-22-27. - Disciplinary action against employee.
Section 40.1-22-28. - Severability.