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Lindsay Lohan has checked into rehab in Newport Beach, Calif., and will remain there for the time being, pending an investigation of the facility she chose.

This despite the fact that, at the 11th hour, Lohan bailed on rehab in a New York facility that was approved by prosecutors and a judge and flew to L.A.

Lindsay’s plea deal is conditional upon her going to rehab for 90 days at a court-approved facility. Seafield Center in Westhampton, N.Y., qualifies.

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Morningside in Newport Beach? Not so much. But Lindsay made the change because Seafield wouldn’t let her smoke – and without the court’s approval.

 

Santa Monica City Attorney Terry White was furious in court this morning, and clearly felt blindsided by the change, having learned about it from the media. 

White also expressed misgivings about Morningside as an alternative.

In 2012, California state investigators suspended Morningside’s license for allegedly being careless with prescription drugs. That’s right … no license.

Millicent Tidwell, the Deputy Director of Licensing and Certificates at the Department, confirmed to TMZ that “Morningside cannot give any treatment.”

Tidwell said the only thing Morningside can do without a license is provide a sober living environment, but it cannot provide treatment of patients.

Moreover, at least nine families sued the facility in recent years, with a state official calling Morningside “a substantial threat” to public health and safety.

Judge Jim Dabney wasn’t quite as livid over the matter, however.

He looked at paperwork about Morningside and said it seemed like the facility is acceptable to house Lohan, but gave prosecutors until May 10 to investigate.

It’s unclear what will happen then, but LiLo could be forced to check into a different place or even be jailed for technically violating her plea bargain.

For now, though, Lindsay will be at Morningside, puffing away.