27B-8-52. Restriction or suspension of rights only after due process.
The rights of any person with a developmental disability receiving services may only be restricted as a result of due process in accordance with statute and the rules of the Department of Human Services. The rights of any person with a developmental disability as specified in this chapter may be suspended to protect that person from endangering self or others. In order to provide specific services or supports to the person with a developmental disability, such rights may be suspended only by due process that will promote the least restriction on the person's rights.
Source: SL 2000, ch 131, ยง97.
Structure South Dakota Codified Laws
Title 27B - Developmentally Disabled Persons
Section 27B-8-36 - Rights and responsibilities of person with developmental disability.
Section 27B-8-37 - Religious rights.
Section 27B-8-38 - Right to public educational services.
Section 27B-8-39 - Right of access to dental and medical care.
Section 27B-8-40 - Emergency treatment without consent--Documentation of necessity.
Section 27B-8-42 - Other rights not limited by receipt of services--Certain practices prohibited.
Section 27B-8-43 - Retaliation against whistle-blower forbidden--Definition.
Section 27B-8-44 - Certain conduct as misdemeanor.
Section 27B-8-45 - Rights of persons receiving services.
Section 27B-8-46 - Records confidential--Disclosure.
Section 27B-8-47 - Disclosure of information to certain persons.
Section 27B-8-48 - Identity of person to be protected.
Section 27B-8-49 - Further disclosure of information.
Section 27B-8-50 - Aversive behavioral intervention techniques--Findings.
Section 27B-8-51 - Use of aversive intervention techniques prohibited.
Section 27B-8-52 - Restriction or suspension of rights only after due process.
Section 27B-8-53 - Use of restraints.
Section 27B-8-54 - Behavior intervention programs--Prerequisites to implementation.
Section 27B-8-55 - Highly restrictive procedures--Limitations on use.