§ 25.5-10-240. Retaliation Prohibited
[ Editor’s note: This version of this section is effective until July 1, 2024. ] No person shall be discriminated against because he or she has made a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing pursuant to this article, including the dispute resolution procedures in section 25.5-10-212 and […]
§ 25.5-10-227. Right to Personal Property
Each person receiving services has the right to the possession and use of such person’s own clothing and personal effects. If the service agency holds any of such person’s personal effects for any reason, such retention shall be promptly recorded in such person’s record and the reason for retention shall also be recorded. Upon the […]
§ 25.5-10-228. Right to Influence Policy
The persons receiving services of a service agency are entitled to establish a committee to hear the views and represent the interests of all such persons served by the agency and to attempt to influence the policies of the agency to the extent that they influence provision of services and supports. Source: L. 2013: Entire […]
§ 25.5-10-229. Right to Notification
Each person receiving services has the right to read or have explained, in each person’s or family’s native language, any rules adopted by the service agency and pertaining to such person’s activities. Source: L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1777, § 1, effective March 1, 2014. Editor’s note: This […]
§ 25.5-10-230. Discrimination
No person who has received services or supports under any provision of this article shall be discriminated against because of such status. For purposes of this section, “discrimination” means the giving of any unfavorable weight to the fact that a person has received such services or supports. Source: L. 2013: Entire article added with relocations, […]
§ 25.5-10-231. Sterilization Rights
It is the intent of the general assembly that the procedures set forth in the following subsections be utilized when sterilization is being considered for the primary purpose of rendering the person incapable of reproduction. Any person with an intellectual and developmental disability over eighteen years of age who has given informed consent has the […]
§ 25.5-10-232. Competency to Give Consent to Sterilization
If the competency of the person with an intellectual and developmental disability to give consent to sterilization is disputed by the intellectual and developmental disabilities professional, the psychiatrist or psychologist, or physician, said person may file a petition for declaration of competency to give consent to sterilization with the court. Upon the filing of a […]
§ 25.5-10-233. Court-Ordered Sterilization
A person with an intellectual and developmental disability who has been determined to be incompetent to give consent, the person’s legal guardian, or the parents of a minor with an intellectual and developmental disability, may petition the court to hold a hearing to determine whether said person should be ordered to be sterilized. The petition […]
§ 25.5-10-234. Confidentiality of Sterilization Proceedings
All records, hearings, and proceedings pursuant to sections 25.5-10-231 to 25.5-10-233 are strictly confidential unless requested to be open to the public by the person with an intellectual and developmental disability or the person’s legal guardian. Source: L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1779, § 1, effective March 1, […]
§ 25.5-10-235. Limitations on Sterilization
Consent to sterilization shall be made neither a condition for release from any institution nor a condition for the exercise of any right, privilege, or freedom. Nothing in this article requires any hospital or any person to participate in any sterilization, nor shall any hospital or any person be civilly or criminally liable for refusing […]