4.1307 Rights of persons with developmental disabilities.

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(a) Persons with developmental disabilities shall have the following rights:

(1) to receive the least restrictive, individually appropriate services, including a program of activities outside the residence in accordance with the person’s individualized service plan;

(2) to reside in the least restrictive, individually appropriate residential alternative located as close as possible to the person’s home community within the Territory;

(3) to the extent it is individually appropriate, to:

(A) interact with nondisabled persons in a nontreatment, nonservice-oriented setting;

(B) live with or in close proximity to nondisabled persons; and

(C) live in a setting which closely approximates those conditions available to nondisabled persons of the same age;

(4) to have reasonable access to review medical, service, and treatment files and to be informed of diagnosis;

(5) to participate in the development of the individualized service plan, if able to participate, or to be represented by a parent, guardian, or other representative as appropriate;

(6) to receive a copy of the person’s individualized service plan; and

(7) to privacy and confidentiality, to the extent possible, in connection with services provided to the person.

(b) Rights listed in this chapter shall not be construed to replace or limit any other rights, benefits, or privileges, including other statutory and regulatory due process rights and protection, to which a person with a developmental disability or mental retardation may be entitled.

(c) The enumeration or granting of these rights does not guarantee the provision of services.

History: 1991, PL 22-17.