Section 390.636 Discharge Planning for Identified Offenders

Section 390.636  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, then it shall commence involuntary transfer or discharge

proceedings pursuant to Section 3-402

of the Act and Section 390.3300.

(Section 2-201.6(h) of the Act)

b)         All discharges shall be pursuant to Section

390.3300.

c)         When a resident who is an identified

offender is discharged, the discharging facility shall notify the Department

within 48 hours.

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 390.635 and subsection (a);

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 390.635(i).