§ 25-01.2-06 — Labor - Wages - Money

North Dakota § 25-01.2-06

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

Text

1. An individual with a developmental disability who is receiving services from a public or
private agency or organization must be permitted to seek employment and work in
integrated settings if this is a desire of the individual.
2. An individual with a developmental disability who performs labor that is of any
consequential economic benefit to a public or private agency or organization shall
receive wages that are commensurate with the value of the work performed, in
accordance with applicable federal and state laws and regulations. An individual of an
institution, facility, or individualized setting may be required to perform tasks of a
personal housekeeping nature in the individual's living quarters without compensation.
3. An individual with a developmental disability may use the individual's money as the
individual chooses, unless the individual is a minor or is prohibited from doing so under
a court guardianship or conservatorship order.
4. An individual with a developmental disability may deposit money, or cause money to
be deposited, in the individual's name with a financial institution of the individual's
choice, or the individual may deposit the money with a public or private agency or
organization. The public or private agency or organization may not retain any money
deposited with the public or private agency or organization under this subsection, but
shall hold all such funds in an account in the individual's name. All earnings
attributable to an individual's money must accrue to the individual.
5. No public or private agency or organization, nor any of the public or private agency or
organization's employees may be made representative payee for an individual without
the individual's informed consent.
6. When an individual is discharged, all of the individual's money, including earnings,
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.