(1) As used in this section, adult means an individual: (a) Who is at least 18 years of age; (b) Who has an intellectual or developmental disability; and (c) Who is eligible for, and who chooses to receive, developmental disability services. (2) An adult has the right to choose the adults community living setting. The Department of Human Services or the departments designee shall present to an adult at least three types of community living settings, including an option for services in the adults own or family home: (a) Each year, prior to authorizing services in a community living setting for the adult. (b) When an adult is moving from one community living setting to another community living setting. (3) The department or the departments designee may not authorize services in a new type of community living setting without first complying with subsection (2) of this section. (4) The department or the departments designee is not required to present the options under subsection (2) of this section if: (a) The adult is at imminent risk to health or safety in the adults current placement setting; or (b) The adult is moving from one nonresidential setting to another nonresidential setting.
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