Section 340.1316 Discharge Planning for Identified Offenders

Section 340.1316  Discharge Planning for Identified Offenders

a)

If,

based on the

security measures listed in

the

Identified Offender

Report and Recommendation, a facility determines that it cannot manage the

identified offender resident safely within the facility, it shall commence

involuntary transfer or discharge proceedings pursuant to Section 3-402

of

the Act and Section 340.1470 of this Part. (Section 2-201.6(g) of the Act)

b)         All

discharges and transfers shall be pursuant to Section 340.1470 of this Part.

c)         When

a resident who is an identified offender is discharged, the discharging

facility shall notify the Department.

d)         A

facility that admits or retains an identified offender shall have in place

policies and procedures for the discharge of an identified offender for reasons

related to the individual's status as an identified offender, including, but

not limited to:

1)         The

facility's inability to meet the needs of the resident, based on Section

340.1315 of this Part and subsection (a) of this Section;

2)         The

facility's inability to provide the security measures necessary to protect

facility residents, staff and visitors; or

3)         The

physical safety of the resident, other residents, the facility staff, or

facility visitors.

e)         Discharge

planning shall be included as part of the plan of care developed pursuant to

Section 340.1315(k).