66-401. LEGISLATIVE INTENT. It is hereby declared by the legislature of the state of Idaho in enacting chapter 4, title 66, Idaho Code, that the citizens of Idaho who have developmental disabilities are entitled to be diagnosed, cared for, and treated in a manner consistent with their legal rights in a manner no more restrictive […]
66-402. DEFINITIONS. As used in this chapter: (1) "Adult" means an individual eighteen (18) years of age or older. (2) "Artificial life-sustaining procedures" means any medical procedure or intervention that utilizes mechanical means to sustain or supplant a vital function. Artificial life-sustaining procedures shall not include the administration of medication, and it shall not include […]
66-403. COURT JURISDICTION. Judicial proceedings authorized by the provisions of this chapter shall be had in the district court of the county where the respondent resides or is found. History: [66-403, added 1982, ch. 59, sec. 7, p. 98.]
66-404. PROCEEDINGS FOR APPOINTMENT OF GUARDIANS AND CONSERVATORS. (1) A person with a developmental disability or any person interested in his welfare may petition for a finding of legal disability or partial legal disability and appointment of a guardian or co-guardians, or conservator or co-conservators, or both. (2) The petition shall: (a) State the names […]
66-404A. TEMPORARY GUARDIANS. (1) The court may appoint a temporary guardian if it finds: (a) A petition for guardianship under section 66-404, Idaho Code, has been filed, but a guardian has not yet been appointed; (b) Substantial evidence the person has a developmental disability; (c) By a preponderance of the evidence, an emergency exists that […]
66-405. ORDER IN PROTECTIVE PROCEEDINGS. (1) If it is determined that the respondent does not have a developmental disability but appears in need of protective services, the court may cause the proceeding to be expanded or altered for consideration under the uniform probate code. (2) If it is determined that the respondent is able to […]
66-406. JUDICIAL PROCEDURE FOR COMMITMENT TO DIRECTOR. (1) Proceedings for the involuntary care and treatment of developmentally disabled persons by the department may be commenced by the filing of a written application with a court of competent jurisdiction by a friend, relative, spouse or guardian of the respondent, or by a licensed physician, prosecuting attorney […]
66-407. CHANGE IN DISPOSITION. (1) Upon the recommendation of the head of a facility providing services to a respondent committed to the custody of the director under section 66-406, Idaho Code, the director or his designee may redetermine the least restrictive available facility for any such respondent. (2) Notice of any change in disposition shall […]
66-408. PETITION FOR REEXAMINATION OF ORDER OF GUARDIANSHIP OR COMMITMENT. All respondents admitted to a residential facility upon application of their parent or guardian or committed to the director shall be entitled to an annual review of their placement by an evaluation committee upon request therefor by the respondent, the respondent’s guardian or attorney. In […]
66-409. AUTHORITY TO ADMIT DEVELOPMENTALLY DISABLED PERSONS. The head of any facility licensed under state law, or a practitioner granted admitting privileges by the facility’s bylaws and other process by which the facility’s governing body and medical staff exercise oversight, such as through credentialing and competency review, is authorized to admit for observation, diagnosis, care […]
66-410. PROCEDURE UPON APPLICATION TO A RESIDENTIAL FACILITY. Upon receipt of an application for admission to a residential facility, the head of such facility licensed under state law shall have the application reviewed or approved by an evaluation committee. The facility head may admit any developmentally disabled individual pending review by the evaluation committee for […]
66-411. REVIEW AND DISCHARGE. (1) The head of each residential facility shall, following admission, examine or cause to be examined every resident, and determine whether to discharge each resident from the facility. A similar review shall be conducted annually thereafter. A report of each review and determination of every respondent committed to the director shall […]
66-412. RIGHTS IN FACILITIES. (1) Every developmentally disabled person admitted to any facility shall be entitled to humane care and treatment. (2) A developmentally disabled person shall not be put in isolation. Mechanical restraints shall not be applied unless it is determined to be necessary for the safety of that person or the safety of […]
66-413. INDIVIDUAL TREATMENT PLAN. (1) The head of a facility shall establish or obtain for each developmentally disabled resident or client a current individual treatment plan. This plan shall be placed in the resident’s or client’s permanent file and shall describe: (a) The resident’s or client’s disabilities; (b) The goals of care and treatment at […]
66-414. DEVELOPMENTALLY DISABLED PERSONS WITH ASSETS SUFFICIENT TO PAY EXPENSES — LIABILITY OF RELATIVES. (1) When a developmentally disabled person has been admitted to a state operated facility voluntarily or involuntarily, the director of the facility may cause an inquiry to be made as to the financial circumstances of that person and of the relatives […]
66-415. RECEIPT AND ACCEPTANCE OF FOREIGN GUARDIANSHIP OR CONSERVATORSHIP. The receipt and acceptance of a foreign guardianship or conservatorship of a developmentally disabled person shall be regulated as set forth under chapter 9, title 15, Idaho Code. History: [66-415, added 2008, ch. 73, sec. 6, p. 194.]
66-416. TRANSFER OF GUARDIANSHIP OR CONSERVATORSHIP TO A FOREIGN JURISDICTION. The transfer of a guardianship or conservatorship of a developmentally disabled person to a foreign jurisdiction shall be regulated as set forth under chapter 10, title 15, Idaho Code. History: [66-416, added 2008, ch. 73, sec. 6, p. 194.]
66-417. TEMPORARY RECOGNITION OF FOREIGN GUARDIANSHIP OR CONSERVATORSHIP OF DEVELOPMENTALLY DISABLED PERSON. The temporary recognition of a foreign guardianship or conservatorship of a developmentally disabled person shall be regulated as set forth under chapter 11, title 15, Idaho Code. History: [66-417, added 2008, ch. 73, sec. 6, p. 194.]
