(a) Persons with developmental or intellectual disabilities shall have the following rights:

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Terms Used In Hawaii Revised Statutes 333F-8

  • Individualized service plan: means the written plan required by section 333F-6 that is developed by the individual, with the input of family, friends, and other persons identified by the individual as being important to the planning process. See Hawaii Revised Statutes 333F-1
  • Individually appropriate: means responsive to the needs of the person as determined through interdisciplinary assessment and provided pursuant to an individualized service plan that is person-centered and community-based. See Hawaii Revised Statutes 333F-1
  • Intellectual disability: means significantly subaverage general intellectual functioning resulting in or associated with concurrent moderate, severe, or profound impairments in adaptive behavior and manifested during the developmental period. See Hawaii Revised Statutes 333F-1
  • Least restrictive: means the least intrusive and least disruptive intervention into the life of a person with developmental or intellectual disability that represents the least departure from normal patterns of living that can be effective in meeting the person's developmental needs. See Hawaii Revised Statutes 333F-1
  • residential: means the living space occupied by the person with a developmental or intellectual disability, including single-person homes, natural family homes, care homes, group homes, foster homes, institutional facilities, and all other types of living arrangements. See Hawaii Revised Statutes 333F-1
  • Services: means appropriate assistance provided to a person with a developmental or intellectual disability in the least restrictive, individually appropriate environment to provide for basic living requirements and continuing development of independence or interdependent living skills of the person. See Hawaii Revised Statutes 333F-1
(1) To receive the least restrictive, individually appropriate services, including a program of activities outside the residence in accordance with the person’s individualized service plan;
(2) To reside in the least restrictive, individually appropriate residential alternative located as close as possible to the person’s home community within the State;
(3) To the extent it is individually appropriate as decided after due consideration afforded the preferences of the person with developmental or intellectual disabilities, to:

(A) Interact with persons without disabilities in a nontreatment, nonservice-oriented setting;
(B) Live with, or in close proximity to, persons without disabilities; and
(C) Live in a setting which closely approximates those conditions available to persons without disabilities of the same age;
(4) To reasonable access to review medical, service, and treatment files and to be informed of diagnoses;
(5) To develop a plan with the input of family and friends that identifies the supports needed to accomplish the plan rather than purchase a program;
(6) To control, with the help of family and friends as necessary, an identified amount of dollars to accomplish the plan;
(7) To direct the provision of resources, both paid and unpaid, that will assist an individual with a disability to live a life in the community rich in community association and contribution;
(8) To a valued role in the community through employment, participation in community activities, volunteering, including being accountable for spending public dollars in ways that are life enhancing; and
(9) To privacy and confidentiality, to the extent possible, in connection with services provided to the person.
(b) Rights listed in this chapter shall not be construed to replace or limit any other rights, benefits, or privileges, including other statutory and regulatory due process rights and protections, to which a person with a developmental or intellectual disability may be entitled.
(c) The enumeration or granting of these rights does not guarantee the provision of services.

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