27B-2-1 to 27B-2-13.
Repealed.
27B-2-14 to 27B-2-19. Repealed.
27B-2-20
Coordination of use of state facilities.
27B-2-21
General functions of department.
27B-2-22
Residence of developmentally disabled person.
27B-2-23
Application by person with developmental disability for departmental
services.
27B-2-24
Refusal or termination of departmental services by person with
developmental disability.
27B-2-25
Rules for procedure and conduct of contested cases.
27B-2-26
Standards for community service providers, South Dakota Developmental
Center-Redfield, and other nonpublic facilities, services, and supports--Rules.
27B-2-27
Employee orientation to policies, procedures, and resident rights.
27B-2-28
Recommendations to Legislature and Governor.
27B-2-29
Hospital survey and construction law unimpaired.
27B-2-20. Coordination of use of state facilities.
The Department of Human Services shall coordinate the utilization of existing facilities, state departments, boards, or commissions involved in the field of developmental disabilities.
Source: SL 2000, ch 131, § 7.
27B-2-21. General functions of department.
The Department of Human Services may receive, acquire, have charge of, and operate all properties for the purposes authorized by statute. The department may receive gifts and contributions from public and private sources and acquire other properties as an agency of the State of South Dakota and hold and use them for statutory purposes. However, the department may not purchase, lease anything except office quarters as approved by the state commissioner of human resources and administration, sell, encumber, or alienate any real property without the specific consent and prior approval of the Legislature.
Source: SL 2000, ch 131, § 8; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.
27B-2-22. Residence of developmentally disabled person.
A person with a developmental disability from another state or territory who enters this state for the purpose of receiving services or education shall retain the residence of that person's parent, guardian, or agency standing in the place of the person's parent or guardian.
Source: SL 2000, ch 131, § 9.
27B-2-23. Application by person with developmental disability for departmental services.
Any person with a developmental disability or any other interested person may make application for department services by contacting in person or in writing any official state or field office of the Department of Human Services and participating in an evaluation which may include mental, physical, and educational assessments so that the department may determine if services are needed.
Source: SL 2000, ch 131, § 10.
27B-2-24. Refusal or termination of departmental services by person with developmental disability.
A person with a developmental disability or that person's parent or guardian may refuse services offered by the Department of Human Services. If the person with a developmental disability or that person's parent or guardian accepts services from the department, the department, that person's parent or guardian, or the person with a developmental disability may terminate the services at any time.
Source: SL 2000, ch 131, § 11.
27B-2-25. Rules for procedure and conduct of contested cases.
The secretary of the department shall promulgate, pursuant to chapter 1-26, reasonable and necessary rules governing the procedure and conduct of contested cases, including notification of the denial of services.
Source: SL 2000, ch 131, § 12.
27B-2-26. Standards for community service providers, South Dakota Developmental Center-Redfield, and other nonpublic facilities, services, and supports--Rules.
The secretary of the Department of Human Services shall promulgate, pursuant to chapter 1-26, reasonable and necessary rules establishing standards for community service providers, South Dakota Developmental Center--Redfield, and other nonpublic facilities, services, and supports for persons with developmental disabilities and for services and supports to be provided or purchased by the Department of Human Services under this title. Such rules shall be adopted in the following areas:
(1) Staff requirements, to include orientation, continuing staff development, instruction on positive behavioral supports and medication administration;
(2) Administration, audit requirements, and record keeping;
(3) Services and supports provided;
(4) Client rights and safety;
(5) Facility fire safety and sanitation requirements;
(6) Respite care;
(7) Family support;
(8) Preadmission Screening/Annual Resident Review (PASARR);
(9) Such other standards and requirements as are necessary for federal financial participation; and
(10) Any other services and supports necessary to implement this title.
Source: SL 2000, ch 131, § 13.
27B-2-27. Employee orientation to policies, procedures, and resident rights.
Before a new employee, including a temporary employee, of a facility or a community service provider receiving funds or providing services or supports pursuant to this title performs any duties, the new employee shall be oriented to the facility or community service provider and its policies, including policies and procedures concerning fire prevention, accident prevention, and response to emergencies. By the time each new employee has worked thirty days in the facility or community service provider, the new employee shall be oriented to resident rights, to the new employee's position and duties, and to facility or community service provider procedures.
Source: SL 2000, ch 131, § 14.
27B-2-28. Recommendations to Legislature and Governor.
The Department of Human Services shall consider the needs in the field of developmental disabilities and shall make recommendations to the Legislature and the Governor for changes in existing legislation.
Source: SL 2000, ch 131, § 15.
