2016 South Carolina Code of Laws
Title 44 - Health
CHAPTER 26 - RIGHTS OF CLIENTS WITH INTELLECTUAL DISABILITY
Section 44-26-140. Clients to receive least restrictive appropriate care and habilitation available; exceptions.
(A) Clients receiving services for intellectual disability shall receive care and habilitation suited to their needs and in the least restrictive appropriate care and habilitation available. The care and habilitation must be administered skillfully, safely, and humanely with full respect for the client's dignity and personal integrity. The department shall make every effort, based on available resources, to develop services necessary to meet the needs of its clients.
(B) In emergency admissions when the least restrictive setting is not available a client must be admitted to the nearest proper facility until he may be moved to the least restrictive setting.
(C) In judicial or emergency admissions to the department every attempt must be made by the court to ensure a client's placement in the least restrictive alternative of services available.
(D) No client may remain at a level of care that is more restrictive than is warranted to meet his needs if alternative care is available. A residential program must attempt to move clients from:
(1) more to less structured living;
(2) larger to smaller facilities;
(3) larger to smaller living units;
(4) group to individual residence;
(5) segregated from the community to integrated into the community;
(6) dependent to independent living.
HISTORY: 1992 Act No. 366, Section 1; 1993 Act No. 31, Section 2; 2011 Act No. 47, Section 6, eff June 7, 2011.
Editor's Note
2011 Act No. 47, Section 13, provides as follows:
"SECTION 13. In Sections 1 through 6 of this act, the terms 'intellectual disability' and 'person with intellectual disability' have replaced and have the same meanings as the former terms 'mental retardation' and 'mentally retarded'."
Effect of Amendment
The 2011 amendment substituted "intellectual disability" for "mental retardation" in subsection (A).
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