S.D. Admin. R. 46:11:03:08 - Rights restriction - Due process
The rights of the participant may only be restricted to protect the participant from endangering self or others or to provide specific services or supports as provided in SDCL 27B-8-52. Any restriction of rights shall promote the least restrictive alternative appropriate to meet the needs of the participant and include a restoration plan as provided in ยง 46:11:03:10.
Prior to restricting a participant's rights, the provider of direct HCB services shall require the participant, the participant's ISP team, the participant's parent, if the participant is under 18 years of age, or the participant's guardian, to review and approve each restriction. The human rights committee of the provider of direct HCB services shall act as an impartial party to review and approve or deny each restriction prior to implementation and at least annually thereafter. The case manager shall update the participant's ISP to include the approved rights restriction.
The participant, the participant's parent if the participant is under 18 years of age, and the participant's guardian or advocate, if any, shall be notified of the right to appeal any rights restriction through the provider's grievance procedure.
Notes
General Authority: SDCL 27B-2-25, 27B-2-26(4).
Law Implemented: SDCL 27B-2-26, 27B-8-52.
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