(A) Before or at the time of admission to an intellectual disability residential program, a client or his representative must be provided with an explanation in terms and language appropriate to his ability to understand the client’s rights while under the care of the facility.

(B) Within thirty days of admission a client or his representative must be provided with a written individualized plan of habilitation formulated by an interdisciplinary team and the client’s attending physician. A client or his representative may participate in an appropriate manner in the planning of services. An interim habilitation program based on the preadmission evaluation of the client may be implemented promptly upon admission. The service plan must be developed with the active participation of the individual receiving the services to the extent he is able to participate meaningfully. Each individualized habilitation plan must contain:

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Terms Used In South Carolina Code 44-26-150

  • Client: means a person who is determined by the South Carolina Department of Disabilities and Special Needs to have intellectual disability or a related disability and is receiving services or is an infant at risk of having intellectual disability or a related disability and is receiving services. See South Carolina Code 44-26-10
  • Facility: means a residential setting operated, assisted, or contracted out by the department that provides twenty-four hour care and supervision. See South Carolina Code 44-26-10
  • Habilitation: means the attempt to remedy the delayed learning process to develop maximum growth potential by the acquisition of self-help, language, personal, social, educational, vocational, and recreational skills. See South Carolina Code 44-26-10
  • Intellectual disability: means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior and manifested during the developmental period. See South Carolina Code 44-26-10
  • Intellectual disability professional: means a person responsible for supervising a client's plan of care, integrating various aspects of the program, recording progress, and initiating periodic review of each individual plan of habilitation. See South Carolina Code 44-26-10
  • Interdisciplinary team: means persons drawn from or representing the professional disciplines or service areas included in the individual habilitation plan. See South Carolina Code 44-26-10
  • Plan of habilitation: means a written plan setting forth measurable goals or behaviorally stated objectives in prescribing an integrated program of individually designed activities or therapies necessary to achieve the goals and objectives. See South Carolina Code 44-26-10

(1) a statement of the nature and degree of the client’s intellectual disability and the needs of the client;

(2) if a physical examination has been conducted, the client’s physical condition;

(3) a description of intermediate and long-range habilitative goals and, if possible, future available services;

(4) a statement as to whether or not the client may be permitted outdoors on a daily basis and, if not, the reasons why.

(C) An intellectual disability professional shall review each client’s individual records quarterly in relation to goals and objectives established in the habilitation plan. This review must be documented and entered into the client’s record. The interdisciplinary team shall conduct a full review of the client’s records and habilitation program annually.

(D) Included in a review must be a reassessment of the client’s plan of habilitation. If the reassessment indicates a need for revisions in the client’s plan of habilitation, the revisions must be implemented.

(E) A client or his representative shall receive an updated plan of habilitation, upon request, pursuant to § 44-26-120.

(F) A client or his representative may request a change in the plan of habilitation. If a request for a change in the plan of habilitation is denied, a grievance may be filed by the client or his representative on his behalf. The request must be reviewed according to the grievance procedure pursuant to § 44-26-80.