In this chapter, unless the context or subject matter otherwise requires: 1. "Applicant" means an entity that has requested licensure from the department. 2. "Department" means the department of health and human services. 3. "Developmental disability" means a severe, chronic disability of an individual which: a. Is attributable to a mental or physical impairment or combination of mental and physical impairments, including Down syndrome and fetal alcohol spectrum disorders, including fetal alcohol syndrome, partial fetal alcohol syndrome, and alcohol-related neurodevelopmental disorder; b. Is manifested before the individual attains age twenty-two; c. Is likely to continue indefinitely; d. Results in substantial functional limitations in three or more of the following areas of major life activity: (1) Self-care; (2) Receptive and expressive language; (3) Learning; (4) Mobility; (5) Self-direction; (6) Capacity for independent living; and (7) Economic sufficiency; and e. Reflects the individual's needs for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated. 4. "Individualized setting" means a setting where an individual owns or rents the individual's residence and a public or private agency or organization provides services to an individual with a developmental disability. 5. "Institution or facility" means any school, hospital, residence center, group home, or any other setting operated by any public or private agency or organization, that provides services to an individual with a developmental disability. 6. "Least restrictive appropriate setting" means that setting that allows an individual with a developmental disability to develop and realize the individual's fullest potential and enhances the individual's ability to cope with the individual's environment without unnecessarily curtailing fundamental personal liberties. 7. "License" means authorization by the department to provide services to individuals with developmental disabilities, pursuant to chapter 25-16. 8. "Service or services to an individual with a developmental disability" means services provided by any public or private agency or organization, directed toward the alleviation of a developmental disability or toward the social, personal, physical, or economic habilitation or rehabilitation of an individual with a developmental disability.
25-01.2-02. Appropriate treatment, services, and habilitation - Treatment in least restrictive appropriate setting. All individuals with developmental disabilities have a right to appropriate treatment, services, and habilitation for those disabilities. Treatment, services, and habilitation for individuals with a developmental disability must be provided in the least restrictive appropriate setting.
25-01.2-03. Presumption of incompetence prohibited - Discrimination prohibited - 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.