25-04-05.1. Transfer of individuals - Visiting privileges - Release and placement of individuals

25-04-05.1. Transfer of individuals - Visiting privileges - Release and placement of individuals. 1. The superintendent of the life skills and transition center shall have the right of temporary transfer of any individual served or noneligible individual, at the life skills and transition center, to an appropriate hospital or other specialized facility when in the superintendent's opinion the immediate health and safety of the individual or the immediate health and safety of others requires the transfer. 2. Subject to reasonable rules for the orderly operation of the life skills and transition center, any parent, guardian, or legal custodian of the individual served or noneligible individual shall have the right of visiting and communicating with the individual served or noneligible individual and authorizing visits and communications with others. 3. The superintendent may authorize the temporary discharge of any individual served or noneligible individual to the custody of the individual served's or noneligible individual's parent, guardian, or legal custodian of the individual, or to another person designated by the parent, guardian, or legal custodian. In the absence of such authorization, any parent, guardian, or legal custodian of the individual served may formally request, in writing, the individual served's temporary discharge. The discharge must be granted at the earliest reasonable opportunity, but not more than thirty days after receipt of a written application. If a discharge is, or would be, effected contrary to the advice of the superintendent based on a recent comprehensive evaluation of the individual, the superintendent shall so advise the parent, guardian, or legal custodian in writing. 4. The superintendent may arrange for the suitable placement of: a. An individual served outside the life skills and transition center and to discharge the individual served, provided placement has been preceded by a comprehensive evaluation. No such placement of an individual served may be effected until all reasonable efforts have been made to consult with the individual served's care team and parent, guardian, or legal custodian of the individual served; and b. A noneligible individual outside the life skills and transition center or to discharge the noneligible individual.