25-01.2-03. Presumption of incompetence prohibited - Discrimination prohibited -
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/nd/title-25/chapter-25-01-2-developmental-disability/25-01-2-03·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Deprivation of constitutional, civil, or legal rights prohibited.
An individual with a developmental disability may not be presumed to be incompetent and may not be deprived of any constitutional, civil, or legal right solely because of admission to or residence at an institution, facility, or individualized setting or solely because of receipt of
services to individuals with developmental disabilities. However, nothing in this section may be construed to limit or modify section 16.1-01-04. The constitutional, civil, or legal rights which may not be varied or modified under the provisions of this section include:
1. The right to vote at elections;
2. The free exercise of religion;
3. The right of reasonable opportunities to interact with members of the opposite sex; and
4. The right to confidential handling of personal and medical records.