reglab/housing_qa huggingface dataset:
SD Codified L § 27B-8-38 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-38 - Right to public educational services.

27B-8-38. Right to public educational services.Any person with a developmental disability has the right to receive publicly supported educational services in accordance with federal and state education laws. Source: SL 2000, ch 131, §83.
SD Codified L § 27B-8-39 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-39 - Right of access to dental and medical care.

27B-8-39. Right of access to dental and medical care.Any person with a developmental disability has the right to access to appropriate dental and medical care and treatment for any physical ailments and for the prevention of illness or disability. Source: SL 2000, ch 131, §84.
SD Codified L § 27B-8-40 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-40 - Emergency treatment without consent--Documentation of necessity.

27B-8-40. Emergency treatment without consent--Documentation of necessity.Surgery and any other medical procedures may be performed without consent or court order only if the life of the person with a developmental disability is threatened and there is not time to obtain consent or a court order. Documentation of the necessity for the surgery shall be entered into the record of the person as soon as practicable. Source: SL 2000, ch 131, §85.
SD Codified L § 27B-8-41 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-41 - Informed consent required for experimentation or hazardous procedure--Court authorization.

27B-8-41. Informed consent required for experimentation or hazardous procedure--Court authorization.No person with a developmental disability is subject to any experimental research or hazardous treatment procedures without the consent of:(1)The person with a developmental disability, if eighteen years of age or over and capable of giving informed consent. If any person's capacity to give informed consent is challenged, the person, a qualified developmental disabilities professional, physician, or interested person may file a petition with the court to determine competency to give consent;(2)The guardian of the person with a developmental disability, if the guardian is legally empowered to execute such consent; or(3)The parent or guardian of the person with a developmental disability, if the person with a developmental disability is less than eighteen years of age.No person with a developmental disability who is subject to an order of guardianship may be subjected to experimental research or hazardous treatment procedures without prior authorization of the circuit court. Source: SL 2000, ch 131, §86; SL 2013, ch 125, §11.
SD Codified L § 27B-8-42 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-42 - Other rights not limited by receipt of services--Certain practices prohibited.

27B-8-42. Other rights not limited by receipt of services--Certain practices prohibited.The receipt of services and supports pursuant to this chapter does not operate to deprive any person with a developmental disability of any other rights, benefits, or privileges, does not cause the person with a developmental disability to be declared legally incompetent, and may not be construed to interfere with the rights and privileges of parents or guardians regarding the minor child. No agency, community service provider, facility, school, or person who receives public funds and provides services to persons with developmental disabilities may engage in the following practices:(1)Corporal punishment--physical or verbal abuse, such as shaking, screaming, swearing, name calling, or any other activity that would be damaging to a person's physical well-being or self-respect;(2)Seclusion--placement of a person alone in a room or other area from which egress is prevented except if utilized by the South Dakota Developmental Center or a community support provider in accordance with §§27B-8-52, 27B-8-54, and 27B-8-56;(3)Denial of food--preventing a person from having access to a nutritionally adequate diet as a means of modifying behavior. Persons enrolled in residential programs or living units are expected to partake in meals at a predetermined scheduled time.No person with a developmental disability receiving services may discipline other persons with developmental disabilities receiving services, and no community service provider or facility may mistreat, exploit, neglect, or abuse any person with a developmental disability. Source: SL 2000, ch 131, §87; SL 2009, ch 139, §1.
SD Codified L § 27B-8-43 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-43 - Retaliation against whistle-blower forbidden--Definition.

27B-8-43. Retaliation against whistle-blower forbidden--Definition.No agency, community service provider, facility, or school may retaliate against any staff who reports in good faith suspected abuse, neglect, or exploitation, or against any person with a developmental disability with respect to any report. An alleged perpetrator cannot self-report solely for the purpose of claiming retaliation. There is a rebuttable presumption of retaliation for any adverse actions taken within ninety days of a report of abuse, neglect, or exploitation.Adverse action means only those adverse actions arising solely from the filing of an abuse report. For the purposes of this chapter, adverse action means any action taken by a community service provider or facility against the person making the report or against the person with a developmental disability because of the report and includes:(1)Discharge or transfer from the community service provider or facility except for clinical reasons;(2)Discharge from or termination of employment;(3)Demotion or reduction in remuneration for services; or(4)Restriction or prohibition of access to services and supports or the persons served. Source: SL 2000, ch 131, §88.
SD Codified L § 27B-8-44 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-44 - Certain conduct as misdemeanor.

27B-8-44. Certain conduct as misdemeanor.Any person who knowingly engages in conduct with the intent to deprive persons with developmental disabilities of any right as set forth in this title is guilty of a Class 1 misdemeanor. Source: SL 2000, ch 131, §89.
SD Codified L § 27B-8-45 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-45 - Rights of persons receiving services.

27B-8-45. Rights of persons receiving services.Any person with a developmental disability receiving services has the right to:(1)Communicate freely and privately with others of the person's own choosing;(2)Receive and send sealed, unopened correspondence. No person's incoming or outgoing correspondence shall be opened, delayed, held, or censored by any person;(3)Receive and send packages. No person's outgoing packages may be opened, delayed, held, or censored by any person;(4)Reasonable access to telephones, both to make and to receive calls in privacy, and reasonable and frequent opportunities to meet with visitors; and(5)Suitable opportunities for interaction with others of the person's own choosing. Source: SL 2000, ch 131, §90.
SD Codified L § 27B-8-46 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-46 - Records confidential--Disclosure.

27B-8-46. Records confidential--Disclosure.All records kept pursuant to this chapter are confidential and not open to public inspection. The information may be disclosed only in the circumstances and under the conditions set forth in §§27B-8-47 to 27B-8-49, inclusive. Source: SL 2000, ch 131, §91.
SD Codified L § 27B-8-47 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-47 - Disclosure of information to certain persons.

27B-8-47. Disclosure of information to certain persons.If the community service provider or facility and the person with a developmental disability and the person's parent, if a minor, or the person's guardian consent, information may be disclosed to providers of supports and services to the person with a developmental disability, or to the person with a developmental disability, or to any other person or agency, if, in the judgment of the community service provider or facility, the disclosure would not be detrimental to the person with a developmental disability. Source: SL 2000, ch 131, §92.
SD Codified L § 27B-8-48 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-48 - Identity of person to be protected.

27B-8-48. Identity of person to be protected.If information is disclosed, the identity of the person to whom it pertains shall be protected and may not be disclosed unless it is germane to the authorized purpose for which disclosure was sought. If practicable, no other information may be disclosed unless it is germane to the authorized purpose for which disclosure was made. Source: SL 2000, ch 131, §93.
SD Codified L § 27B-8-49 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-49 - Further disclosure of information.

27B-8-49. Further disclosure of information.Any person receiving information made confidential by §27B-8-47 shall disclose the information to others only to the extent consistent with the authorized purpose for which the information was released. Source: SL 2000, ch 131, §94.
SD Codified L § 27B-8-50 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-50 - Aversive behavioral intervention techniques--Findings.

27B-8-50. Aversive behavioral intervention techniques--Findings.The Legislature hereby finds that:(1)Research does not support the long-term efficacy of aversive behavioral intervention;(2)The use of aversive or abusive treatment raises disturbing legal and ethical issues, and may well deprive the recipient of constitutional or statutory rights and be outside the ethical guidelines imposed upon the treatment professional;(3)Any person with a disability has the same right to be treated with dignity and respect as any other citizen; and(4)The use of aversive and abusive treatments on any person with a disability diminishes the dignity and humanity of the treatment professional and the person with a disability.The Legislature opposes any treatment or practice which violates the right to freedom from harm. The Legislature promotes activities that lead to implementation and dissemination of positive intervention alternatives. Source: SL 2000, ch 131, §95.
SD Codified L § 27B-8-51 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-51 - Use of aversive intervention techniques prohibited.

27B-8-51. Use of aversive intervention techniques prohibited.No person may use aversive intervention techniques on a person with a developmental disability. Source: SL 2000, ch 131, §96.
SD Codified L § 27B-8-52 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-52 - Restriction or suspension of rights only after due process.

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, §97.
SD Codified L § 27B-8-53 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-53 - Use of restraints.

27B-8-53. Use of restraints.Use of restraints may be applied only if a person with a developmental disability exhibits destructive behavior and if alternative techniques including positive behavior intervention techniques have failed. Source: SL 2000, ch 131, §98.
SD Codified L § 27B-8-54 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-54 - Behavior intervention programs--Prerequisites to implementation.

27B-8-54. Behavior intervention programs--Prerequisites to implementation.Any behavior intervention program shall use, develop, and promote positive, respectful approaches for teaching in every aspect of life.Behavior intervention programs may only be implemented following the completion of a comprehensive functional analysis if alternative nonrestrictive procedures have been proven to be ineffective, and only with the informed consent of the person with a developmental disability, if eighteen years of age or over and capable of giving informed consent, or the person's parent or legal guardian. Behavior intervention programs shall be developed in conjunction with the interdisciplinary team and implemented in accordance with §27B-8-52. Source: SL 2000, ch 131, §§99, 100.
SD Codified L § 27B-8-55 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-55 - Highly restrictive procedures--Limitations on use.

27B-8-55. Highly restrictive procedures--Limitations on use.The use of any highly restrictive procedures, including restraints and time-out, shall be described in written behavior intervention programs. Use of restraints shall be applied only in an emergency if alternative techniques have failed. Physical restraint intended to restrict the movement or normal functioning of a portion of a person's body through direct contact by staff, shall be employed only if necessary to protect the person with a developmental disability from immediate injury to self or others. No physical restraint may be employed as punishment, for the convenience of staff, or as a substitute for a program of services and supports. Physical restraint shall be applied only after alternative techniques have failed and only if such restraint is imposed in the least possible restriction consistent with its purpose. Mechanical restraint using mechanical devices intended to restrict the movement or normal functioning of a portion of a person's body is subject to special review and oversight, as defined in rules promulgated pursuant to chapter 1-26. Any mechanical restraint shall be designed and used so as not to cause physical injury to the person with a developmental disability and so as to cause the least possible discomfort. No chemical restraint and medication may be used excessively, as punishment, for the convenience of staff, as a substitute for a program, or in quantities that interfere with a person's developmental program. In accordance with statute and the rules promulgated pursuant to chapter 1-26, due process shall be assured pursuant to §27B-8-52 for the use of physical, mechanical, or chemical restraints, including their use in an emergency or on a continuing basis. Source: SL 2000, ch 131, §101.
SD Codified L § 27B-8-56 (2021)
2021 South Dakota Codified Laws|Title 27B - Developmentally Disabled Persons|Chapter 08 - Care, Treatment And Rights Of Residents In Facilities For Developmentally Disabled Persons|Section 27B-8-56 - Time-out rooms.

27B-8-56. Time-out rooms.Time-out rooms used for separating a person with a developmental disability from other persons receiving services and group activities may be employed only under close and direct staff supervision and only as a technique in behavior intervention programs. No time-out room may be used in an emergency situation. Behavior intervention programs utilizing a time-out procedure may be implemented only if it incorporates a positive approach designed to result in the acquisition of appropriate behavior. Source: SL 2000, ch 131, §102; SL 2002, ch 136, §27.
SD Codified L § 28-1-1 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 01 - State Department Of Social Services|Section 28-1-1 - Duties of department--System of social security--Compliance with federal acts--Administration of programs.

28-1-1. Duties of department--System of social security--Compliance with federal acts--Administration of programs.The Department of Social Services shall provide a system of social security for the people of South Dakota, enable the State of South Dakota to comply with the provisions of the federal Social Security Act and other federal and state enactments relating to social services, accept grants of federal funds for the purposes enumerated in these acts, administer programs for the security and protection of children, youth, families, adults, and the elderly, as authorized by the Legislature, and provide moneys necessary for the purposes of social security. Source: SDC 1939, §55.3601; SL 1981, ch 199, §25.
SD Codified L § 28-1-11 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 01 - State Department Of Social Services|Section 28-1-11 - Assistant attorney general for department--Enforcement of support and public assistance laws--Representation of department.

28-1-11. Assistant attorney general for department--Enforcement of support and public assistance laws--Representation of department.The attorney general shall appoint an assistant attorney general for the Department of Social Services whose compensation shall be fixed by the attorney general, to be paid from public welfare funds.Subject to the direction of the attorney general, the assistant attorney general shall supervise the enforcement of all laws pertaining to desertion, nonsupport, recipient fraud, and similar statutes for which a penalty is provided in any case in which public assistance has been granted or applied for under the welfare laws of this state. The assistant attorney general shall cooperate with and assist the several state's attorneys of the State of South Dakota in such actions and proceedings; be the official information agent for the State of South Dakota pursuant to chapter 25-9C; and initiate and prosecute civil and criminal actions on behalf of the Department of Social Services, and appear on behalf of the department in any court in which any action or proceeding is pending involving the welfare of the indigent. Source: SL 1963, ch 333; SL 1966, ch 169; SL 2004, ch 167, §12; SL 2015, ch 148, §83.
SD Codified L § 28-1-12 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 01 - State Department Of Social Services|Section 28-1-12 - Office space and equipment provided for department by county commissioners.

28-1-12. Office space and equipment provided for department by county commissioners.Upon request of the Department of Social Services, the boards of county commissioners of the several counties of this state may provide and maintain adequate office space and equipment for the department in their respective counties including all of the incidental expenses thereof, except for the salaries and travel expenses of the employees of the department. The boards of county commissioners may make such expenditures as are necessary for such offices out of the county general fund. Source: SL 1963, ch 53; SL 1965, ch 29; SL 2004, ch 167, §13.
SD Codified L § 28-1-18 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 01 - State Department Of Social Services|Section 28-1-18 - Duplication of public assistance prohibited--Temporary assistance for needy families excepted--Exhaustion of other sources of assistance as prerequisite to state and local assistance.

28-1-18. Duplication of public assistance prohibited--Temporary assistance for needy families excepted--Exhaustion of other sources of assistance as prerequisite to state and local assistance.No person receiving a grant or whose needs are included in a grant under public assistance, as administered by the State of South Dakota, may at the same time receive a grant under any other type of public assistance administered by the State of South Dakota. However, a recipient of one of the other types of assistance may be the payee of a grant of temporary assistance for needy families for the benefit of a child or children under the payee's care. No person is eligible for any assistance or services from the State of South Dakota or its agencies or subdivisions until that person has exhausted all other sources of assistance or services available to the person or for which the person would be eligible if the person applied, including Veteran's Administration benefits, insurance, medical or hospital benefits, third-party liability, U.S. Public Health Services, Bureau of Indian Affairs, Department of Interior, Indian Health Service, or any other government or private entity, or any assistance or services provided by any agency of the United States government to an eligible person or to persons for whom the United States is responsible. Assistance or services under chapter 28-13 are not available sources for the purpose of this section. Source: SL 1951, ch 302; SDC Supp 1960, §55.3612-1; SL 1982, ch 213, §2; SL 2004, ch 167, §18.
SD Codified L § 28-1-24.1 (2021)
2021 South Dakota Codified Laws|Title 28 - Public Welfare and Assistance|Chapter 01 - State Department Of Social Services|Section 28-1-24.1 - Procedural rules for contested cases.

28-1-24.1. Procedural rules for contested cases.The secretary of social services may adopt reasonable and necessary rules governing the procedure and conduct of contested cases. Such rules shall be consistent with the procedure required by chapter 1-26. Source: SL 1981, ch 199, §26.