§ 25-01.2-05 — Personal property

North Dakota § 25-01.2-05

• Jurisdiction: North Dakota
• Title 25: Mental and Physical Illness or Disability
• Ch. 25-01.2: Developmental Disability

Text

1. Except as provided in this subsection, every individual with a developmental disability
who resides in an institution, facility, or individualized setting must be permitted to
receive, possess, and use lawful personal property and must be provided with a
secure, convenient, and reasonable amount of storage space for that property.
2. A public or private agency or organization providing services to an individual with a
developmental disability may restrict the possession and use of certain classes of
property which may be dangerous or may harm an individual.
3. Notice of any restrictions must be immediately given in writing to all individuals over
eighteen years of age, to the parents or custodian of all individuals under eighteen
years of age, or guardian.
4. A restriction of the rights of an individual with a developmental disability which is
imposed by a public or private agency or organization that provides services to the
individual must be reviewed at least annually as part of the individual's individualized
habilitation, person-centered service, or individual education plan team meeting.
5. Unless a restriction applies universally, the restricting agency or organization shall
remove the restriction placed on an individual with a developmental disability at the
earliest point at which the individual demonstrates the ability to mitigate the need for
the restriction.
6. When an individual is discharged from services provided from a public or private
agency or organization, all of the individual's lawful personal property that is in the
custody of the public or private agency or organization must be returned to the
individual.
7. A public or private agency or organization licensed by the department to provide
services to an individual with a developmental disability shall document any
restrictions of these rights in the individual's person-centered service plan.