§ 44-20-390 — Initial intake and assessment service for person believed to be in need of services; service plans; residency requirements.

(A) In order to provide assistance to families and individuals the office shall provide an initial intake and assessment service to a person believed to be in need of services and who makes application for them. An assessment must be provided through diagnostic centers approved by the office. If upon completion of the assessment, the applicant is determined to have intellectual disability, a related disability, head injury, or spinal cord injury and be in need of services, he may become a client of the office and eligible for services. A service plan must be designated for each person assessed. A person determined to have intellectual disability, a related disability, head injury, or spinal cord injury and who chooses to become a client of the office, must be provided with the delivery or coordination of services by the office. A person determined not to have intellectual disability, a related disability, head injury, or spinal cord injury may be provided by the office with referral and assistance in obtaining appropriate services or further evaluation. (B) Service plans must recommend the services to assist the individual in developing to the fullest potential in the least restrictive environment available. The office shall determine the "least restrictive environment" and may contract with individuals or organizations for a reasonable sum as determined by the office to provide the services. The office shall review service plans of its clients at least periodically according to standards prescribing the frequency to ensure that appropriate services are being provided in the least restrictive environment available. The parents, the legal guardian, the client, and other appropriate parties must be included in the review. The office shall develop standards prescribing the service plan review. (C) No individual believed to have intellectual disability, a related disability, head injury, or spinal cord injury may be admitted to the services of the office until he has been examined at a diagnostic center of the office or a diagnostic center approved by the office and certified by the office on the basis of acceptable data to have intellectual disability, a related disability, head injury, or spinal cord injury or unless he is an infant at risk of a developmental disability and in need of the office's services. (D) The applicant shall meet residency requirements in at least one of the following categories: (1) The applicant or his spouse, parent, with or without legal custody, or legal guardian is domiciled in South Carolina. (2) The applicant or his spouse, parent, with or without legal custody, or legal guardian lives outside South Carolina but retains legal residency in this State and demonstrates to the office's satisfaction his intent to return to South Carolina. (3) The applicant or his spouse or parent, with or without legal custody, or legal guardian is a legal resident of a state which is an active member of the Interstate Compact on Mental Health and qualifies for services under it.

Legislative History

HISTORY: 1990 Act No. 496, SECTION 1; 1993 Act No. 181, SECTION 1078; 2011 Act No. 47, SECTION 2, eff June 7, 2011. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.