Section 21.01.01.350 - TRANSFER AND DISCHARGE OF RESIDENTSA resident can be transferred or discharged, for a period to be determined by the Home Administrator, for the bases set forth in Section 350 of these rules. The Home Administrator will provide notice of transfer or discharge and the opportunity to appeal a transfer or discharge in accordance with Section 980 of these rules.
01.Emergency Discharge or Transfer. Upon determination by the Home Administrator that an emergency exists, a resident may be immediately discharged or transferred.02.General Discharge or Transfer. If the Home Administrator determines that one (1) or more of the following is present or has occurred, the resident may be discharged or transferred from the Home: a. Possession of a lethal weapon of any kind by the resident on Division property; possession of wine, beer, or liquor by the resident on Division property; or possession of a controlled substance or medication by the resident, unless prescribed by the resident's physician;b. Excessive or habitual intoxication;c. Willfully destroys or wrongfully appropriates state or another person's property;d. Failure to comply with the rules of this Chapter or a written directive of the Home Administrator or the Division Administrator;e. Financial conditions set forth in Section 950 of these rules are present;f. Engages in a pattern of behavior that infringes upon the rights of another person;g. Unauthorized absences from the Home in excess of those permitted by Section 352 of these rules;h. Endangers the safety, wellbeing, or health of the resident or other persons or disrupts the peace of the home;i. The resident is required by law to register as a sex offender. Should it be determined by the Home that it must provide resources in excess of those provided to other residents to ensure the safety of the resident or other persons;j. The resident does not meet the requirements and limitations set forth in Section 100 of these rules.03.Discharge or Transfer During Absence. A resident who is absent from the Home may be discharged or transferred due to one (1) or more of the following: a. The Home will not have the capability or services to provide an appropriate level of care to the resident upon the resident's return to the Home;b. The resident has not returned to the Home from an absence prior to the expiration of the bed hold period established by a third party payer paying more than half of the resident's maintenance charges;c. The resident ceases to pay the resident's maintenance charges or a bed hold charge applicable to an absence.04.Voluntary Transfer or Discharge. A resident may be transferred or discharged at any time upon voluntary consent of the resident.Idaho Admin. Code r. 21.01.01.350