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§ 20-48-416. Designation as state entity for carrying out federal acts

(a) The Board of Developmental Disabilities Services is designated as the single state entity for carrying out any federal act or law pertaining to individuals with intellectual disabilities and other forms of developmental disabilities. (b) The board may take all action of every nature whatever necessary or desirable in complying with the requirements of any […]

§ 20-48-417. Property and personal effects of residents

(a) (1) Within thirty (30) days after the death of a resident, a human development center shall provide an accounting and distribute all funds held in trust and all other property to: (A) The resident’s personal representative, if a personal representative has been appointed by a court at the time that the human development center […]

§ 20-48-402. Penalties

Any person who violates the following provisions shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200) or by imprisonment for not less than six (6) months, or both: (1) Under the provisions of this subchapter, […]

§ 20-48-403. Human development centers — Creation

(a) There are created and there shall be maintained institutions for the care, custody, treatment, and training of individuals with intellectual and other developmental disabilities to be known as “human development centers”. (b) For the purposes of the institutions, the Board of Developmental Disabilities Services is charged with the care and training of individuals with […]

§ 20-48-404. Eligibility for admission

An individual may be deemed eligible for admission to a human development center if, due to intellectual or other developmental disability, the individual is incapable of managing his or her affairs and the individual’s welfare requires the special care, training, and treatment provided at a human development center.

§ 20-48-405. Petition for admission

(a) A parent or guardian of an individual with intellectual and developmental disabilities may file with the Board of Developmental Disabilities Services a verified petition requesting that the individual be admitted to the human development center. (b) The petition shall include: (1) The relation of the individual to the petitioner; (2) The name, age, sex, […]

§ 20-48-406. Admission procedures

(a) (1) Upon receipt of the petition under § 20-48-405, the Board of Developmental Disabilities Services shall make a determination as to whether or not a human development center then has adequate facilities and funds to properly care for, treat, and train the individual. If the board determines that no center currently has adequate facilities […]

§ 20-48-407. Order of commitment

(a) The order of commitment shall include the name, residence, and date of birth of the individual, the nationality and address, insofar as may be ascertained, of his or her parents, and the amount of his or her estate. (b) The order of commitment shall be made in duplicate and signed by the judge of […]

§ 20-48-408. Transfer of individuals from other institutions

(a) The superintendent of a state institution other than a human development center may report to the examining physicians and request the examination of any individual therein deemed intellectually disabled. (b) Upon receipt of the report and request, the examining physicians shall conduct the examination in the county in which the institution having custody of […]