§ 6250.11. Determination.

 Until new legislation is enacted, and becomes effective, commitments of mentally retarded adults under section 406 of the Mental Health and Mental Retardation Act of 1966 (50 P. S. §  4406) may be processed provided that the Secretary of Public Welfare, his agents and assigns, those under his direction, and all facility directors may not receive a person committed under section 406 of the Mental Health and Mental Retardation Act of 1966 (50 P. S. §  4406) except upon judicial determination that the standards in this section are met: A person shall be determined to be a mentally retarded person in need of residencey placement only upon the following findings:

   (1)  The person is impaired in adaptive behavior to a significant degree and is functioning at an intellectual level two standard deviation measurements below the norm as determined by acceptable psychological testing techniques.

   (2)  The impairment and the resultant disability were manifested before the person’s 18th birthday and are likely to continue for an indefinite period.

   (3)  The person, because of his retardation, presents a substantial risk of physical injury to himself or physical debilitation as demonstrated by behavior within 30 days of the petition which shows that he is unable to provide for, and is not providing for his most basic need for nourishment, personal and medical care, shelter, self-protection and safety and that provision for such needs is not available and cannot be developed or provided in his own home or in his own community without residential placement.