2014 Idaho Statutes
Title 66 - STATE CHARITABLE INSTITUTIONS
Chapter 4 - TREATMENT AND CARE OF THE DEVELOPMENTALLY DISABLED
Section 66-412 - RIGHTS IN FACILITIES.
(2) A developmentally disabled person shall not be put in isolation. Mechanical restraints shall not be applied unless it is determined to be necessary for the safety of that person or the safety of others. Every use of a mechanical restraint, or time out for therapeutic purposes, and the reasons therefore [therefor], shall be made a part of the permanent record of the person under the signature of the facility head.
(3) Every developmentally disabled person has the following rights:
(4) Adult and emancipated minor developmentally disabled individuals or a parent or guardian with authority to consent to treatment with respect to the minor child or ward, shall have the right to refuse specific modes of treatment or habilitation. The head of a facility may deny the right to refuse treatment or habilitation only in cases of emergency or when a court has determined that an adult or emancipated minor lacks the capacity to make informed decisions about treatment and there is no guardian with authority to consent to treatment. A statement explaining the reasons for any such denial shall immediately be entered in the individual's permanent record and in the case of respondents committed under section 66-406, Idaho Code, copies of the statement shall be sent to the committing court, the respondent's attorney and either the respondent's spouse, guardian, adult next of kin or friend.
(5) A list of the rights contained in this section and section 66-413, Idaho Code, shall be prominently posted in all facilities and explained as far as possible to each developmentally disabled individual.
History:
[66-412, added 1982, ch. 59, sec. 7, p. 104.]
Disclaimer: These codes may not be the most recent version. Idaho may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.