South Carolina Code of Laws
Chapter 20 - South Carolina Intellectual Disability, Related Disabilities, Head Injuries, And Spinal Cord Injuries Act
Section 44-20-20. Purpose of chapter.

The State of South Carolina recognizes that a person with intellectual disability, a related disability, head injury, or spinal cord injury is a person who experiences the benefits of family, education, employment, and community as do all citizens. It is the purpose of this chapter to assist persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries by providing services to enable them to participate as valued members of their communities to the maximum extent practical and to live with their families or in family settings in the community in the least restrictive environment available.
When persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries cannot live in communities or with their families, the State shall provide quality care and treatment in the least restrictive environment practical.
In order to plan and coordinate state and locally funded services for persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries, a statewide network of local boards of disabilities and special needs is established. Services will be delivered to clients in their homes or communities through these boards and other local providers.
It is recognized that persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries have the right to receive services from public and other agencies that provide services to South Carolina citizens and to have those services coordinated with the services needed because of their disabilities.
South Carolina recognizes the value of preventing intellectual disability, related disabilities, head injuries, and spinal cord injuries through education and research and supports efforts to this end.
The State recognizes the importance of the role of parents and families in shaping services for persons with intellectual disability, related disabilities, head injuries, or spinal cord injuries as well as the importance of providing services to families to enable them to care for a family member with these disabilities.
Admission to services of the South Carolina Department of Disabilities and Special Needs does not terminate or reduce the rights and responsibilities of parents. Parental involvement and participation in mutual planning with the department to meet the needs of the client facilitates decisions and treatment plans that serve the best interest and welfare of the client.
HISTORY: 1990 Act No. 496, Section 1; 1993 Act No. 181, Section 1078; 2011 Act No. 47, Section 2, eff June 7, 2011.

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 44 - Health

Chapter 20 - South Carolina Intellectual Disability, Related Disabilities, Head Injuries, And Spinal Cord Injuries Act

Section 44-20-10. Short title.

Section 44-20-20. Purpose of chapter.

Section 44-20-30. Definitions.

Section 44-20-210. Creation of South Carolina Commission on Disabilities and Special Needs; membership; terms of office; removal; vacancies.

Section 44-20-220. Duties of Commission; per diem; appointment of Director of Disabilities and Special Needs; advisory committees.

Section 44-20-230. Powers and duties of director.

Section 44-20-240. Creation of Department of Disabilities and Special Needs; divisions.

Section 44-20-250. Powers and duties of Department.

Section 44-20-255. Ownership of property confirmed in Department of Disabilities and Special Needs; retention of subsequent sales proceeds.

Section 44-20-260. Research programs.

Section 44-20-270. Administration of federal funds.

Section 44-20-280. Contracts for expansion of service.

Section 44-20-290. Security guards; powers; bonds.

Section 44-20-300. Motor vehicle liability insurance for employees of department.

Section 44-20-310. Sale of timber from forest lands; disposition of funds.

Section 44-20-320. Acceptance of gifts, etc. by department; policies and regulations.

Section 44-20-330. Granting of easements, permits, or rights-of-way by department.

Section 44-20-340. Records and reports pertaining to client; confidentiality of information; waiver.

Section 44-20-350. Reimbursement to State for its fiscal outlay on behalf of department; charge for services; hearing and review procedures; collection of claims.

Section 44-20-355. Fee for Intermediate Care Facilities for persons with intellectual disability; proceeds to general fund.

Section 44-20-360. Midlands Center, Coastal Center, Pee Dee Center, and Whitten Center designated as independent school districts.

Section 44-20-365. Closing regional centers to be authorized by law.

Section 44-20-370. Notification of applicant qualifying for services; county programs; training programs.

Section 44-20-375. County boards of disabilities and special needs; establishment; recognition.

Section 44-20-378. Composition of board; tenure.

Section 44-20-380. Funds for county boards of disabilities and special needs.

Section 44-20-385. Additional powers and duties of county boards of disabilities and special needs.

Section 44-20-390. Initial intake and assessment service for person believed to be in need of services; service plans; residency requirements.

Section 44-20-400. Admission of person to services of Department for evaluation and diagnosis; form for application.

Section 44-20-410. Requirement for admission to services.

Section 44-20-420. Designation of service or program in which client is placed.

Section 44-20-430. Final authority over applicant eligibility.

Section 44-20-440. Admission of client upon request of parent, spouse, lawful custodian or legal guardian, or upon request of applicant.

Section 44-20-450. Proceedings for involuntary admission; petition; hearing; service of notice; guardian ad litem; right to counsel; report; termination of proceedings; order of admission; appeal; confinement in jail prohibited.

Section 44-20-460. Discharge of client; detention of voluntarily admitted client; venue for judicial admission; protective custody for client.

Section 44-20-470. Return of nonresident person with intellectual disability or related disability to agency of state of his residency; reciprocal agreements with other states; detention of person returned by out-of-state agency; expenses.

Section 44-20-480. Placement of client out of home; payment for services.

Section 44-20-490. Placement of client in employment situation; sheltered employment and training programs; compensation of clients.

Section 44-20-500. Order of confinement for client.

Section 44-20-510. Attendance of client in community based public school classes.

Section 44-20-710. Licensing of facilities and programs.

Section 44-20-720. Minimum standards of operation and license programs.

Section 44-20-730. Criteria for issuance of license.

Section 44-20-740. Restrictions as to services; number of clients; form of application for license; term of license; license as not transferrable.

Section 44-20-750. Inspection of facilities; filing copy of bylaws, regulations, and rates of charges; inspection of records.

Section 44-20-760. Disclosure of inspections; protection of names of clients.

Section 44-20-770. Denial, suspension, or revocation of license; grounds.

Section 44-20-780. Notifying operator of program of deficiencies; time for correction; notice of impending denial, suspension, or revocation of license; exception for immediate threat.

Section 44-20-790. Promulgation of regulations governing hearings.

Section 44-20-800. Appeal of decision concerning deficiencies and licenses.

Section 44-20-900. Injunctions; sufficiency of complaint; fines and penalties.

Section 44-20-1000. Licensing by department to be done in conjunction with licensing by agency having responsibility outside the department's jurisdiction; cooperative agreements.

Section 44-20-1110. Department's authority as to state's disabilities and special needs services and programs.

Section 44-20-1120. Raising of money for construction of improvements.

Section 44-20-1130. Limitation on amount of state capital improvement bonds.

Section 44-20-1140. Improvements for residential regional center or community facility; application.

Section 44-20-1150. Powers and duties concerning application for improvements.

Section 44-20-1160. Use of monies derived from revenues.

Section 44-20-1170. Special funds; disposition of revenues; withdrawal of funds.