Title 25, Mental and Physical Illness or Disability

1. Except as provided in this subsection, every individual with a developmental disability who resides in an institution, facility, or individualized setting must be permitted to receive, possess, and use lawful personal property and must be provided with a secure, convenient, an…

1. An individual with a developmental disability who is receiving services from a public or private agency or organization must be permitted to seek employment and work in integrated settings if this is a desire of the individual. 2. An individual with a developmental disability …

All residents of an institution or facility are entitled to appropriate and adequate medical and dental services, which must be provided by qualified professionals who are licensed to practice or are otherwise authorized to provide medical and dental services pursuant to state an…

An individual with a developmental disability receiving services at any institution, facility, or individualized setting from a public or private agency or organization may not be administered at any time any drug or medication, or be chemically restrained or tranquilized in any …

An individual with a developmental disability receiving services at any institution, facility, or individualized setting from a public or private agency or organization may not at any time: 1. Be subjected to any corporal punishment or shock treatment. 2. Be secluded, except to e…

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 admin…

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, t…

Every individual with a developmental disability receiving residential services in an institution, facility, or individualized setting, must be allowed access to food at any time and meal choices must be provided. Any public or private agency or organization licensed by the depar…

Every child with a developmental disability is entitled to a free and appropriate education in the least restrictive appropriate setting in accordance with chapter 15.1-32.

Any public or private agency or organization that provides services to an individual with a developmental disability must have a written, individualized habilitation, person-centered service, or individual educational plan developed and put into effect for each individual for who…

An adult recipient of services, parents or custodian if the recipient is a minor, or the recipient's guardian, must be given the opportunity to refuse generally accepted behavioral health or developmental disability services, including medication, unless those services are necess…

Any public or private agency or organization that provides services to an individual with a developmental disability in an institution or facility shall post conspicuously in public areas a summary of the rights that are set out in this chapter. In addition, upon commencement of …

Every individual with a developmental disability is entitled to enforce any of the rights guaranteed by this chapter by civil action or any other remedy available by common law or statute. In any proceeding to enforce these rights, the court may, in its discretion, award reasonab…

The department of health and human services may adopt, in accordance with chapter 28-32, any rules necessary to implement this chapter. The superintendent of public instruction may adopt rules to implement this chapter in schools. The rules adopted may not restrict or limit the r…