1. Whenever an individual with a developmental disability receiving services from a public or private agency or organization not licensed by the department, is placed in seclusion or is physically restrained, the public or private agency or organization administrator or the administrator's representative must be notified and shall determine if the isolation or restraint is necessary. The isolation or restraint may be continued only upon written order of the administrator or the administrator's representative and for a period of not more than twenty-four hours. Any individual who is in seclusion or who is physically restrained must be checked by an attendant at least once every thirty minutes. 2. A public or private agency or organization licensed by the department to provide services to an individual with a developmental disability may not place an individual in seclusion. In order to use physical restraints, the restraint must be in compliance with the individual's person-centered service plan or done in accordance with the public or private agency's or organization's emergency restraint policy.
25-01.2-11. Psychosurgery, sterilization, or research - Court order required - Hearing - Right to attorney at public expense. A court of competent jurisdiction may issue the orders required for the procedures or treatments in subsection 4 of section 25-01.2-09 upon application of the party alleging the necessity of the procedure, the individual who is receiving or is entitled to receive the treatment, the parents or custodian of the individual under eighteen years of age, or guardian, following a hearing on the application. 1. The individual receiving or entitled to treatment shall: a. Receive prior notice of the hearing; b. Have the right and the opportunity to present evidence; and c. Have the right to be confronted with and to cross-examine witnesses. 2. If the individual with a developmental disability is indigent, counsel shall be provided at public expense not less than ten days before the hearing. 3. The burden of proof is on the party alleging the necessity of the procedure or treatment. 4. An order allowing the procedure or treatment may not be granted unless the party alleging the necessity of the procedure or treatment proves by clear and convincing evidence that the procedure is in the best interest of the recipient and that no less drastic measures are feasible.