§333F-8 Rights of persons with developmental or intellectual disabilities.

362 words·~2 min read·/hi/333f-8

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Persons with developmental or intellectual disabilities shall have the following rights:

(1)To receive the least restrictive, individually appropriate services, including a program of activities outside the residence in accordance with the person's individualized service plan;

(2)To reside in the least restrictive, individually appropriate residential alternative located as close as possible to the person's home community within the State;

(3)To the extent it is individually appropriate as decided after due consideration afforded the preferences of the person with developmental or intellectual disabilities, to:

(A)Interact with persons without disabilities in a nontreatment, nonservice-oriented setting;

(B)Live with, or in close proximity to, persons without disabilities; and

(C)Live in a setting which closely approximates those conditions available to persons without disabilities of the same age;

(4)To reasonable access to review medical, service, and treatment files and to be informed of diagnoses;

(5)To develop a plan with the input of family and friends that identifies the supports needed to accomplish the plan rather than purchase a program;

(6)To control, with the help of family and friends as necessary, an identified amount of dollars to accomplish the plan;

(7)To direct the provision of resources, both paid and unpaid, that will assist an individual with a disability to live a life in the community rich in community association and contribution;

(8)To a valued role in the community through employment, participation in community activities, volunteering, including being accountable for spending public dollars in ways that are life enhancing; and

(9)To privacy and confidentiality, to the extent possible, in connection with services provided to the person.

(b)Rights listed in this chapter shall not be construed to replace or limit any other rights, benefits, or privileges, including other statutory and regulatory due process rights and protections, to which a person with a developmental or intellectual disability may be entitled.

(c)The enumeration or granting of these rights does not guarantee the provision of services. [L 1987, c 341, pt of §2; am L 1995, c 189, §7; am L 1998, c 133, §4; am L 2011, c 220, §13]