Title 25 — Mental and Physical Illness or Disability

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 disa…

1. Except as provided in this section, every individual with a developmental disability who resides in an institution, facility, or individualized setting has the right of private, unimpeded, and uncensored communication, including visitation, with persons of the individual's cho…

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 …

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 …

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…

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. 25-01.2-14. Individualized habilitation, person-centered service, or individual education plan - Contents. …

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…