(1) This rule specifies those circumstances in which the selection of a person for a developmental disabilities service position is not subject to or is subject only in part to the screening process specified otherwise in this subchapter. The specified circumstances are those in which there is further development of community services in response to administrative, legislative or federal direction necessitating the movement of a particular person or an identified group of persons into lesser restrictive settings.

(2) A service position serving a person under any of the following circumstances is not subject to the screening process specified otherwise in this subchapter:

(a) an administrative decision is made to expand services so as to serve 4 or more persons who are committed to the Montana developmental center, the eastmont human services center, or the Montana state hospital or who are residing in a nursing facility but for whom appropriate services can be provided in a community setting;

(b) a budgeting decision in the legislative process is made to expand services so as to serve 4 or more persons who are committed to the Montana developmental center, the eastmont human services center, or the Montana state hospital or who are residing in a nursing facility but for whom appropriate services can be provided in a community setting;

(c) a person is placed out of a nursing facility in accordance with the requirements of federal law into a service position which is funded with federal monies that are specifically available for the provision of services to that particular person; or

(d) a budgeting decision in the legislative process is made to expand services so as to serve 4 or more persons who are on a waiting list for services, who reside in the community, and who are not committed to the Montana developmental center, eastmont human services center, or the Montana state hospital.

(3) A current or new service position that is available for placement of a person currently in community services whose placement into the position is necessary to open up a placement appropriate for any persons being placed into a community setting as described in (2) (a) and (2) (b) is not subject to the screening process specified otherwise in this subchapter.

(4) A service position used to provide services for the purposes stated in (2) (a) , (2) (b) and (2) (d) will be available for those purposes for a period not to exceed 1 year in duration. After the 1 year period, the service position when it may come open will be available to any person who is selected for it in accordance with the screening process otherwise specified in this subchapter.