2014 Kentucky Revised Statutes
CHAPTER 347 - PERSONS WITH DEVELOPMENTAL DISABILITIES
347.030 Rights of developmentally disabled person.
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<![CDATA[347.030 Rights of developmentally disabled person.
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Rights enumerated in this chapter, including the right to accept or reject
services, active treatment and residential alternatives, shall be exercised by:
(a) The person with a developmental disability;
(b) The person's parent if the person is a minor; or
(c) The person's guardian if the person has been adjudicated legally disabled
in that specific decision-making area.
Each person with a developmental disability shall have the opportunity to
reside in the least restrictive, individually appropriate residential alternative
located as close as possible to his home community.
Each person with a developmental disability, to the extent it is individually
appropriate, shall have the right to:
(a) Interact with nondisabled people 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.
Nothing in subsection (3) of this section shall be construed to abolish any
existing residential or institutional alternatives as defined by this chapter.
The ISP shall contain, but not be limited to:
(a) Intermediate and long-range active treatment and service goals, including
specific goals to facilitate the development and retention of daily living
skills necessary for living in the least restrictive, individually appropriate
residential alternative as defined by this chapter, with a projected
timetable for their attainment;
(b) The person's schedule of service activities, including the least restrictive,
individually appropriate service settings to be utilized for the
implementation of each goal and objective identified; and
(c) The specific services to be offered the person to attain these goals.
The following persons shall have the right to participate in the development of
the ISP:
(a) The person with a developmental disability;
(b) The person's representative;
(c) The person's guardian if the person has been adjudicated legally
disabled; and
(d) The person's parent if the person is a minor or states no objection to the
participation of his parent.
Any person relocated from an institutional to a noninstitutional setting or from a
noninstitutional to an institutional setting for whom it is subsequently
determined and reflected in his ISP that the initial setting is the individually
appropriate environment, shall have the following rights:
(a) To receive a maximum of thirty (30) days of individually appropriate
respite care initiated within twenty-four (24) hours of the decision for the
person to relocate to the initial setting;
(b)
To be placed as soon as possible but no later than thirty (30) days in the
initial residential alternative from which he was transferred or any other
individually appropriate residential alternative;
(c) To not be placed in an intermediate care nursing facility, skilled nursing
facility or mental health facility, unless recommended by the IDT,
approved by the person, his parent, if the person is a minor, or guardian,
if the person has been adjudicated legally disabled, and supported by
documented medical need; and
(d) To be transferred no more than three (3) times within the thirty (30) days
allowed for respite care, except in a crisis situation, as defined by the IDT.
(8) Each person with a developmental disability shall have a right to receive least
restrictive individually appropriate services, including a daily program of
activities outside the residence in accordance with his ISP.
(9) In a manner consistent with the rights of privacy of a person with a
developmental disability such a person shall have a right to be referred for
medical and dental care and shall have the right to reasonable access to
review medical, service and treatment files, to be informed of diagnoses, and to
receive a copy of his ISP.
(10) A person who requests services under this chapter or who is identified as a
person with a developmental disability, his parent, if the person is a minor, or
guardian, if the person has been adjudicated legally disabled, shall be informed
orally and in writing of the contents of this chapter, including the rights
guaranteed under this chapter.
(11) Rights enumerated 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 protections.
History: Created 1986 Ky. Acts ch. 469, sec. 3, effective July 15, 1986.
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