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.
Section 27B-8-47 – Disclosure of information to certain persons.
27B-8-47. Disclosure of information to certain persons. If the community service provider or facility and the person with a developmental disability and the person’s parent, if a minor, or the person’s guardian consent, information may be disclosed to providers of supports and services to the person with a developmental disability, or to the person with […]
Section 27B-7-50 – Discharge.
27B-7-50. Discharge. Any person involuntarily committed shall be discharged if, in the opinion of the director of the community service provider or facility, the person no longer meets the commitment criteria. Source: SL 2002, ch 136, §24.
Section 27B-7-51 – Notification of discharge–Transportation.
27B-7-51. Notification of discharge–Transportation. If a person is discharged in accordance with §27B-7-50, the county review board, which entered the order, shall be notified. The county review board shall provide the person transportation to the person’s place of residence if the person so chooses within forty-eight hours of discharge notification. Source: SL 2002, ch 136, […]
Section 27B-7-51.1 – Discharge–Notification of discharge–Voluntary admission.
27B-7-51.1. Discharge–Notification of discharge–Voluntary admission. Any person involuntarily committed shall be discharged if the director of the South Dakota Developmental Center or the director of a developmental disability community service provider determines that the person no longer meets commitment criteria. The South Dakota Developmental Center or community service provider shall immediately notify the chair of […]
Section 27B-7-52 – Liability for costs of care of persons not provided transportation–Report of delinquencies–Notification–Payment.
27B-7-52. Liability for costs of care of persons not provided transportation–Report of delinquencies–Notification–Payment. If the county review board fails or neglects to provide transportation to the person so discharged, as provided in §27B-7-50, within forty-eight hours from the date of the order discharging the person and of the notice of the order, the responsible county […]
Section 27B-8-36 – Rights and responsibilities of person with developmental disability.
27B-8-36. Rights and responsibilities of person with developmental disability. Unless modified by court order, a person with a developmental disability has the same legal rights and responsibilities guaranteed to all other persons under the federal and state constitutions and federal and state laws . Source: SL 2000, ch 131, §81.