Section 27B-8-54 – Behavior intervention programs–Prerequisites to implementation.
27B-8-54. Behavior intervention programs–Prerequisites to implementation. Any behavior intervention program shall use, develop, and promote positive, respectful approaches for teaching in every aspect of life. Behavior intervention programs may only be implemented following the completion of a comprehensive functional analysis if alternative nonrestrictive procedures have been proven to be ineffective, and only with the informed […]
Section 27B-8-55 – Highly restrictive procedures–Limitations on use.
27B-8-55. Highly restrictive procedures–Limitations on use. The use of any highly restrictive procedures, including restraints and time-out, shall be described in written behavior intervention programs. Use of restraints shall be applied only in an emergency if alternative techniques have failed. Physical restraint intended to restrict the movement or normal functioning of a portion of a […]
Section 27B-8-56 – Time-out rooms.
27B-8-56. Time-out rooms. Time-out rooms used for separating a person with a developmental disability from other persons receiving services and group activities may be employed only under close and direct staff supervision and only as a technique in behavior intervention programs. No time-out room may be used in an emergency situation. Behavior intervention programs utilizing […]
Section 27B-8-52 – Restriction or suspension of rights only after due process.
27B-8-52. Restriction or suspension of rights only after due process. The rights of any person with a developmental disability receiving services may only be restricted as a result of due process in accordance with statute and the rules of the Department of Human Services. The rights of any person with a developmental disability as specified […]
Section 27B-8-53 – Use of restraints.
27B-8-53. Use of restraints. Use of restraints may be applied only if a person with a developmental disability exhibits destructive behavior and if alternative techniques including positive behavior intervention techniques have failed. Source: SL 2000, ch 131, §98.
Section 27B-8-42 – Other rights not limited by receipt of services–Certain practices prohibited.
27B-8-42. Other rights not limited by receipt of services–Certain practices prohibited. The receipt of services and supports pursuant to this chapter does not operate to deprive any person with a developmental disability of any other rights, benefits, or privileges, does not cause the person with a developmental disability to be declared legally incompetent, and may […]
Section 27B-8-43 – Retaliation against whistle-blower forbidden–Definition.
27B-8-43. Retaliation against whistle-blower forbidden–Definition. No agency, community service provider, facility, or school may retaliate against any staff who reports in good faith suspected abuse, neglect, or exploitation, or against any person with a developmental disability with respect to any report. An alleged perpetrator cannot self-report solely for the purpose of claiming retaliation. There is […]
Section 27B-8-44 – Certain conduct as misdemeanor.
27B-8-44. Certain conduct as misdemeanor. Any person who knowingly engages in conduct with the intent to deprive persons with developmental disabilities of any right as set forth in this title is guilty of a Class 1 misdemeanor. Source: SL 2000, ch 131, §89.
Section 27B-8-45 – Rights of persons receiving services.
27B-8-45. Rights of persons receiving services. Any person with a developmental disability receiving services has the right to: (1)Communicate freely and privately with others of the person’s own choosing; (2)Receive and send sealed, unopened correspondence. No person’s incoming or outgoing correspondence shall be opened, delayed, held, or censored by any person; (3)Receive and send packages. […]
Section 27B-8-46 – Records confidential–Disclosure.
27B-8-46. Records confidential–Disclosure. All records kept pursuant to this chapter are confidential and not open to public inspection. The information may be disclosed only in the circumstances and under the conditions set forth in §§27B-8-47 to 27B-8-49, inclusive. Source: SL 2000, ch 131, §91.