2012 North Dakota Century Code Title 25 Mental and Physical Illness or Disability Chapter 25-04 Care of Developmentally Disabled
Download as PDF
CHAPTER 25-04
CARE OF DEVELOPMENTALLY DISABLED
25-04-00.1. Definitions.
For the purposes of this chapter:
1. "Nonresident patient at the developmental center at westwood park, Grafton" includes:
a. Any patient at the developmental center at westwood park, Grafton who is under
eighteen years old and whose responsible relative is not a bona fide resident of
this state.
b. Any Indian patients for whom the United States government has, through its
statutes and regulations, a responsibility for their care.
2. "Nonresident responsible relative" includes the patient's nonresident spouse, father, or
mother. It includes the bureau of Indian affairs in those cases involving Indian patients
for whom the United States government has, through its statutes and regulations, a
responsibility for their care.
25-04-01. Developmental center at westwood park, Grafton - Name - Administration
and control.
A facility for developmentally disabled persons must be maintained at or near the city of
Grafton in Walsh County. The facility must also be available for a person who is determined to
be a person who may benefit from the facility's services. The facility must be known and
designated as the developmental center at westwood park, Grafton. The department of human
services has administrative authority and control of the developmental center at westwood park,
Grafton, and westwood park.
25-04-02. Purpose of developmental center at westwood park, Grafton.
1. The developmental center at westwood park, Grafton must be maintained for the relief,
instruction, care, and custody of persons who are developmentally disabled or other
persons who may benefit from the services offered at the center. For this purpose the
department of human services may introduce and establish such trades and manual
industries as in its judgment will best prepare the residents for future self-support.
2. The department may provide onsite and offsite additional services and effectuate its
powers and duties to best serve persons who are developmentally disabled and other
persons who may benefit from those activities. The services provided and the duties
effectuated need not be accredited by the accreditation council on services for people
with developmental disabilities or certified by the health care financing administration,
or any other similar accrediting or certifying organization, if the service or duty is not
provided to persons who are developmentally disabled or if such accrediting or
certifying organization does not accredit or certify the service or duty.
25-04-02.1. Accreditation of developmental center.
The department of human services shall request appropriations and resources sufficient to
ensure maintenance of the developmental center's accreditation by the accreditation council on
services for people with developmental disabilities and certification by the health care financing
administration or by similar accrediting and certifying organizations and agencies possessing
standards applicable to handicapped individuals and disciplines needed to provide quality
services to individuals served.
25-04-02.2. Institutional sale of services - Budget section approval.
Subject to approval of the budget section of the legislative management, the developmental
center at westwood park, Grafton, may provide any service not otherwise authorized by law
under contract with a governmental or nongovernmental person. The developmental center at
westwood park, Grafton, shall determine the rates for services provided. The budget section
may approve the provision of a service under this section only after determining that the service
is not otherwise being provided by either the private or public sector.
Page No. 1
25-04-03. Qualifications of superintendent.
The superintendent of the developmental center at westwood park, Grafton, must be a
skilled administrator with professional training and experience relating to the needs of the
developmentally disabled. All employees must be appointed and removed by the superintendent
or by the superintendent's designee. The salaries of all employees shall be fixed by the
superintendent or the superintendent's designee within the limits of the legislative appropriations
made for such purpose.
25-04-03.1. Biennial report - Assistant superintendent.
Repealed by S.L. 1989, ch. 338, § 6.
25-04-04. Who may receive benefits of developmental center.
Subject to this chapter and to any rules adopted by the department of human services, the
benefits of the developmental center at westwood park, Grafton, may be received by:
1. Persons who are developmentally disabled and other persons who may benefit from
services provided at the developmental center who, in the opinion of the
superintendent of the developmental center at westwood park, Grafton, are of suitable
age and capacity to receive instruction in the center and whose deficiencies prevent
them from receiving proper training and instruction in the public schools;
2. Persons who are developmentally disabled and other persons who may benefit from
services provided at the developmental center who cannot be properly cared for in
their homes or other available facilities; or
3. Persons who are developmentally disabled and other persons who may benefit from
onsite and offsite services provided or duties effectuated by the developmental center.
Residents and nonresidents of this state may receive the benefits of the developmental center.
Priority, however, must be given to residents of this state and first priority must be given to
persons who are developmentally disabled.
25-04-05. Qualifications for admission to state facility - Screening required prior to
admission or readmission - Educational or related services without charge for persons
twenty-one years of age and under.
1. The superintendent may admit a person to the developmental center at westwood
park, Grafton, when all of the following conditions have been met:
a. Application for admission has been made on behalf of the person by a parent or
guardian or the person or agency having legal custody, or by the person seeking
admission, in accordance with procedures established by the department of
human services.
b. A comprehensive evaluation of the person has been made within three months of
the date of application, a report of which has been filed with the superintendent
and which, together with such other information or reviews as the department of
human services may require, indicates to the superintendent's satisfaction that
the person is eligible for admission to the developmental center at westwood
park, Grafton.
c. The person may be admitted without exceeding the resident capacity of the
facility as specified in the professional standards adopted by the department of
human services.
2. No person may be admitted or readmitted to the developmental center at westwood
park, Grafton, unless that person has undergone a screening process at the
developmental center to determine whether the admission or readmission is
appropriate. Length of stay criteria may be established under rules as the department
of human services may adopt. Any person who is suspected of being able to benefit
from the services offered at the center may be screened to ascertain whether or not
that person is actually a proper case for care, treatment, and training at the
developmental center. If in the opinion of the superintendent the person screened
under this subsection is a proper subject for institutional care, treatment, and training
Page No. 2
3.
4.
at the developmental center, that person may remain as a voluntary resident at the
center at the discretion of the superintendent if all other conditions for admission
required by this section are met.
Notwithstanding any other provision of this chapter, no handicapped patient,
twenty-one years of age or under, or the estate or the parent of such patient, may be
charged for educational or related services provided at the developmental center at
westwood park, Grafton. Except as provided in subsection 4, the department of human
services has prior claim on all benefits accruing to such patients for medical and
medically related services under entitlement from the federal government, medical or
hospital insurance contracts, workforce safety and insurance, or medical care and
disability programs. For purposes of this subsection, "related services" means
transportation and such developmental, corrective, and other supportive services, as
determined by the department of public instruction, as are required to assist a
handicapped patient to benefit from special education. The cost of related services
other than medical and medically related services must be paid by the developmental
center at westwood park, Grafton, the school district of residence of the handicapped
child, and other appropriate state agencies and political subdivisions of this state. The
department of public instruction, the department of human services, the school district
of residence, and other appropriate state agencies and political subdivisions, as
determined by the department of public instruction, shall determine and agree to that
portion of related services, other than medical and medically related services, for
which each agency and political subdivision is liable. The department of public
instruction may adopt rules necessary to implement this section.
Parents of a handicapped patient, twenty-one years of age or under, are not required
to file, assist in filing, agree to filing, or assign an insurance claim when filing the claim
would pose a realistic threat that the parents would suffer a financial loss not incurred
by similarly situated parents of nonhandicapped children. Financial losses do not
include incidental costs such as the time needed to file or assist in filing an insurance
claim or the postage needed to mail the claim. Financial losses include:
a. A decrease in available lifetime coverage or any other benefit under an insurance
policy.
b. An increase in premiums or the discontinuation of a policy.
c. An out-of-pocket expense such as the payment of a deductible amount incurred
in filing a claim unless the developmental center pays or waives the out-of-pocket
expense.
25-04-05.1. Transfer of residents - Visiting privileges - Release and placement of
patients.
1. The superintendent shall have the right of temporary transfer of any resident of the
developmental center at westwood park, Grafton, to an appropriate hospital or other
specialized facility when in the superintendent's opinion the immediate health and
safety of the resident requires the transfer. The superintendent shall also have the
right and responsibility of indefinite transfer of a resident from one state facility for the
developmentally disabled to another when the best interest of the resident will be
served thereby, or when the transfer is required in conformity with the policies of the
department of human services; provided, however, that no transfer may be effected
until all reasonable efforts have been made to consult with the resident's parent or
guardian of the person.
2. Subject to reasonable rules for the orderly operation of the developmental center at
westwood park, Grafton or other state facility for the developmentally disabled, any
parent or guardian of the person of a resident shall have the right of visiting and
communicating with a child or ward and authorizing visits and communications with
others.
3. The superintendent may authorize the temporary release of any resident to the
custody of the resident's parent or guardian of the person, or to another person
designated by the parent or such guardian. In the absence of such authorization, any
Page No. 3
4.
parent or guardian of the person of any resident may formally request, in writing, the
resident's temporary release. The release must be granted at the earliest reasonable
opportunity, but not more than thirty days after receipt of a written application. If a
release is, or would be, effected contrary to the advice of the superintendent based on
a recent comprehensive evaluation of the individual, the superintendent shall so
advise the parent or such guardian in writing.
The superintendent may arrange for the suitable placement of a resident outside the
developmental center or other state facility and to release the resident on placement,
provided placement has been preceded by a comprehensive evaluation. No such
placement may be effected until all reasonable efforts have been made to consult with
the resident's parent or guardian of the person.
25-04-05.2. San haven - Transportation costs - Payment limited.
Repealed by S.L. 1989, ch. 338, § 6.
25-04-06. Juvenile court commitment of dependent, neglected, or delinquent mentally
deficient - Commitment for observation - Appeal.
In any proceeding instituted in juvenile court, the court may make an order committing the
child to the developmental center at westwood park, Grafton whenever it appears to the
satisfaction of the court that the child involved in the proceeding is:
1. Dependent and a candidate for services at the developmental center;
2. Neglected and a candidate for services at the developmental center; or
3. Delinquent and a candidate for services at the developmental center.
If the court is in doubt as to whether the child is a candidate for services offered at the
developmental center, the court may make an order committing the child to the developmental
center at westwood park, Grafton for observation only by the authorities of such institution. If it is
ascertained as a result of such observation that the child is a candidate for services offered at
the developmental center, a report to such effect must be made by the authorities of the
developmental center at westwood park, Grafton to the court. The court thereupon shall make
an order fixing a time for a hearing upon the report showing the child to be in need of these
services. Notice of the hearing must be given to the parents, custodian, or guardian of such
child in the manner prescribed by law for the giving of notice in other proceedings in juvenile
court. Upon such hearing, the court shall make such order as it may deem proper. Any parent,
custodian, guardian, or other person charged with the control of such child may take an appeal
from the order made by the court in the manner now prescribed by law for the taking of appeals
from decisions of the juvenile court. The procedure provided in this section is not exclusive but
is in addition to other procedures provided in this chapter for the commitment of children to the
developmental center at westwood park, Grafton.
25-04-07. Disabled defendants.
Repealed by S.L. 1991, ch. 121, § 5.
25-04-08. Discharge of resident from institution.
A person who has been admitted as a resident must be permanently discharged within thirty
days under any one of the following conditions:
1. The superintendent, on the basis of a comprehensive evaluation, finds that the care,
treatment, training, rehabilitation, and supervision offered by the state are no longer
required.
2. The parent or guardian who voluntarily committed the parent's child or the guardian's
ward as a resident and who retains legal custody makes a written request for
discharge.
3. The person is admitted on indefinite transfer to a hospital, school, or other facility, or a
protective service under the jurisdiction of another state, or another agency or
department of this state; provided, however, that if such admission be by contractual
Page No. 4
arrangement made by the department of human services, the person must be placed
on nonresident release status, but not discharged.
4. A court of competent jurisdiction orders the discharge of the person.
Any person who is to be discharged under subsection 2 or 4 shall first receive a comprehensive
evaluation unless such evaluation is not completed within thirty days of the request for
discharge.
25-04-08.1. Notification prior to discharge.
Prior to discharge the superintendent shall consult with the parent or guardian of the person
to be discharged, or with the court which ordered the commitment, and shall notify the director
of the county social service board of the county wherein it is proposed that such person will
assume residence and also shall notify the executive director of the department of human
services.
25-04-09. Expense for care of inmates to be charge upon county - County to remit to
state treasurer.
Repealed by S.L. 1961, ch. 211, § 9.
25-04-10. Transfer of inmate of state school when person legally responsible for
support moves to another state.
Repealed by S.L. 1961, ch. 211, § 9.
25-04-11. Disposition of person who is not a legal resident.
If a person who has no legal residence in this state is subject to admission to the
developmental center at westwood park, Grafton or other appropriate state facility, by order of a
court of competent jurisdiction, such person must be sent, at the expense of the county, to the
developmental center at westwood park, Grafton in the same manner as a resident of this state
who is found to be in need of services offered at the developmental center, and the
superintendent of the developmental center at westwood park, Grafton shall then arrange for
the transportation of such person to the place where the person belongs. The department of
human services shall ascertain the place where such person belongs when the same
conveniently can be done.
25-04-11.1. Disposition of nonresidents - Exceptions - Reciprocal agreements.
If a person who has no legal residence in this state or whose residence is unknown is found
to be a person requiring care and treatment in the developmental center at westwood park,
Grafton, the person must be sent to the developmental center in the same manner, and
accompanied by the same documents, as in the case of a resident of this state. The supervising
department shall immediately inquire as to the residence of the person or the person's
responsible relatives, and, if the residence is found to be in another state or country, the
supervising department shall arrange for transportation of the person to the place of legal
residence or legal settlement unless the person can be accommodated at the developmental
center without depriving a North Dakota resident of care and treatment at the developmental
center and adequate costs of care are paid for within a reasonable time, or unless a reciprocal
agreement has been entered into with another state regarding the care and commitment of the
nonresident. The supervising department may enter into reciprocal agreements with other states
regarding the mutual exchange, return, and transportation of persons who are within one state
but have legal residence or legal settlement in another state. The agreements may not contain
any provision conflicting with any law of this state.
25-04-11.2. Liability for care and treatment of nonresident patients.
Nonresident patients at the developmental center at westwood park, Grafton and
nonresident responsible relatives of patients are liable for the chargeable costs of care and
treatment at the developmental center.
Page No. 5
25-04-12. Electric power may be furnished to city of Dunseith from state school
power plant.
Repealed by S.L. 1961, ch. 209, § 5.
25-04-13. Guardianship of person and estate - Superintendent and director of
institutions to act as guardians in lieu of court appointment or assumption by parent.
Repealed by S.L. 1973, ch. 257, § 82.
25-04-13.1. Guardianship - Superintendent to act as guardian.
Repealed by S.L. 1987, ch. 326, § 2.
25-04-14. Expenses chargeable against patient or patient's estate - Filing claims.
Expenses for care and treatment of each patient at the developmental center at westwood
park, Grafton must, if practicable, be in accordance with the cost of providing care and
treatment for the different degrees or conditions of mental and physical health and charges may
be adjusted in accordance with the patient's ability to pay which must include an estimate of
potential future receipts, including amounts from estates. The supervising department shall
recover from the patient or from a discharged patient expenses chargeable for care and
treatment. If any patient is receiving social security benefits or is a veteran or a dependent of a
veteran who has received, is receiving, or is entitled to receive compensation or pension from
the veterans' administration, the expenses are a current claim against the patient and may be
recovered monthly by the supervising department except that any amount required by the payer
of the benefits to be paid directly to the patient must, upon approval of the department of human
services, be credited to the patient's personal account from any money thus received.
25-04-15. Expenses chargeable against guardianship estate of patient - Restrictions.
The expenses chargeable by the state for the care and treatment of any patient over
twenty-one years of age at the developmental center at westwood park, Grafton must be
charged against the guardianship estate of such patient, if the patient has such an estate,
subject to the following restrictions:
1. No part of the estate may be taken for such purpose if the patient has dependents
within the United States dependent upon the estate for support and the taking of all or
a portion of the estate would result in undue hardship to those dependents.
2. No real property belonging to the estate may be sold during the lifetime of the patient
except for the maintenance and support of the patient's dependents, unless it is shown
that the sale of the property will not result in undue hardship to those dependents, and
it may be sold only upon the order of the district court having jurisdiction of the estate,
with the consent of the department of human services.
3. No personal property belonging to the estate may be sold within five years from the
date upon which the patient was sent to the developmental center at westwood park,
Grafton unless the property is ordered sold by the district court having jurisdiction of
the estate for the reason that the property is likely to deteriorate in value during the
time herein specified.
4. No claim may be made to recover from the estate of a former resident of the
developmental center at westwood park, Grafton who has left the developmental
center at westwood park, Grafton and married and leaves a spouse or issue
dependent upon such estate.
25-04-15.1. Statute of limitations not bar to recovery.
No statute of limitations or similar statute or the doctrine of laches may bar the recovery of
costs of care furnished under this chapter. It is not necessary to bill currently any person for
those accounts determined to be inactive, currently uncollectible, or for which it has been
determined as provided by law that there is no present ability to pay. Current billings may be
made for amounts chargeable by law or for which it has been determined the responsible party
Page No. 6
presently has an ability to pay, but the manner of billing may not affect the total amount due.
This section applies to claims for the cost of care furnished on or after July 1, 1961.
25-04-16. Waiver of payment - Use of income tax data - Confidentiality - Definition.
1. Except with respect to services provided and duties effectuated for persons other than
residents of the developmental center who are developmentally disabled, and except
with respect to services provided and duties effectuated under subsection 2 of section
25-04-02, the resident, former resident, parent of a resident or former resident under
age eighteen, personal representative, or guardian may make application to the
supervising department to pay less than the costs or none of the costs incurred by the
state for the resident's care and treatment at the developmental center at westwood
park, Grafton. An application from a resident, former resident, personal representative,
or guardian must be accompanied by proof of the resident's or the estate of the
resident's inability to pay. An application from a parent of a resident or former resident
must be accompanied by proof that the parent has applied for or cooperated fully in an
application for medical and medically related services under entitlement from the
federal government, medical or hospital insurance contracts, workforce safety and
insurance, or medical care and disability programs for provision of services to the
resident, and has assured the contribution of those services, compensation, and
contract and program benefits to meet the cost of care provided to the resident by the
developmental center at westwood park, Grafton. A waiver must be granted upon
receipt of an application from such a parent, which is complete and supported by the
required proofs and is effective for so long as the parent continues to apply for or
cooperate fully in applications for services, compensation, and contract and program
benefits, and continues to assure the contribution of those services, compensation,
and benefits to meet the costs of care. A waiver, once granted with respect to a
resident under age eighteen, extinguishes any debt that would otherwise be owed by
the resident, the resident's parents, or the resident's estate with respect to care and
treatment furnished during times the waiver is effective.
2. Upon receipt of such application, the supervising department shall direct the county
social service board of the county from which the patient was admitted to determine
whether the application is complete and supported by the required proofs. The
supervising department shall approve, reject, or amend the determination made by the
county social service board. The determination made by the supervising department
may be appealed to the district court of the county of residence of the patient.
3. Any patient, former patient, parent of a patient or former patient, guardian, or personal
representative who seeks relief from the payment of the cost of care and treatment by
filing an application for relief of payment shall do so with the understanding that the
supervising department may, in its discretion, and to its satisfaction, verify any
statement made in such application for relief of payment by a request for information
from financial institutions, including commercial banks, and from other sources likely to
possess verifying information. Notwithstanding the provisions of section 57-38-57, this
verification may include a review of such applicant's state income tax return or any
other document or report submitted to or held by any office or department of the state
of North Dakota or any of its political subdivisions.
4. When any official or employee of the developmental center who, pursuant to
subsection 1, obtains income tax information or other tax information from the state tax
commissioner the confidentiality of which is protected by law, such official or employee
may not divulge such information except to the extent necessary for the administration
of this chapter or when otherwise directed by judicial order or when otherwise provided
by law.
5. As used in this chapter, "supervising department" means the department of human
services.
Page No. 7
25-04-17. Reduction or writeoff of accounts - Report to legislative audit and fiscal
review committee.
The supervising department may authorize the reduction or writeoff of a patient's past-due
account from the developmental center's financial records upon determining that the account is
not collectible. The supervising department, by September first after the close of each fiscal
year, shall present a detailed report to the legislative audit and fiscal review committee on the
status of accounts receivable for that fiscal year. The report must include:
1. An aging by patient classification of accounts remaining unpaid.
2. The amounts by patient classification by which accounts were reduced or written off for
reasons other than payment during that fiscal year.
25-04-18. Limitations of this chapter.
The provisions of this chapter may not be construed to limit or broaden the plaintiff class as
defined by order of the United States district court for the district of North Dakota entered on
January 13, 1981, in civil number A1-80-141.
25-04-19. Quality assurance review committees - Reports - Immunity.
Any information, data, report, or record made available to an internal quality assurance
review committee of the developmental center at westwood park, Grafton is confidential and
may be used by the committee and the members thereof only in the exercise of the proper
functions of the committee. The proceedings and records of the committee are not subject to
subpoena or discovery or introduction into evidence in any civil action arising out of any matter
under consideration by the committee. Any information, document, or record otherwise available
from original sources is not immune from discovery or use in any civil action merely because it
was presented during the proceedings of the committee, nor may any person who testified
before the committee or who is a member of it be prevented from testifying as to matters within
that person's knowledge, but a witness cannot be asked about that witness's testimony before
the committee. This section does not relieve any person of any liability incurred as a result of
furnishing health care to the resident. No person furnishing information, data, reports, or records
to the committee with respect to any resident of the developmental center is, by reason of
furnishing the information, data, reports, or records, liable in damages to any resident, or
answerable for willful violation of a privileged or confidential communication. No member of the
committee is liable in damages to any person for any action taken or recommendation made
within the scope of the functions of the committee if the committee member acts without malice
and in the reasonable belief that the action or recommendation is warranted by the facts known
to the member.
25-04-20. Westwood park assets management committee.
Repealed by S.L. 1999, ch. 34, § 39.
Page No. 8
Disclaimer: These codes may not be the most recent version. North Dakota 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.
