View Amendment Current Amendment: 2 to Bill 3790 Rep. ERICKSON proposes the following Amendment No. 2 to H. 3790 (COUNCIL\VR\3790C002.CC.VR17):

Reference is to the bill as introduced.

Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION      1.      Section 44-20-10 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-20-10.      This chapter may be cited as the 'South Carolina Intellectual Disability, Related Disabilities, Autism Spectrum Disorder, Head Injuries, and Spinal Cord Injuries Act'."

SECTION      2.      Section 44-20-20 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-20-20.      The State of South Carolina recognizes that a person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury is a person who experiences the benefits of family, education, employment, and community as do all citizens. It is the purpose of this chapter to assist persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries by providing services to enable them to participate as valued members of their communities to the maximum extent practical and to live with their families or in family settings in the community in the least restrictive environment available.
     When persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries cannot live in communities or with their families, the State shall provide quality care and treatment in the least restrictive environment practical.
     In order to plan and coordinate state and locally funded services for persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries, a statewide network of local boards of disabilities and special needs is established. Services will be delivered to clients in their homes or communities through these boards and other local providers.
     It is recognized that persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries have the right to receive services from public and other agencies that provide services to South Carolina citizens and to have those services coordinated with the services needed because of their disabilities.
     South Carolina recognizes the value of preventing intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries through education and research and supports efforts to this end.
     The State recognizes the importance of the role of parents and families in shaping services for persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries as well as the importance of providing services to families to enable them to care for a family member with these disabilities.
     Admission to services of the South Carolina Department of Disabilities and Special Needs does not terminate or reduce the rights and responsibilities of parents. Parental involvement and participation in mutual planning with the department to meet the needs of the client facilitates decisions and treatment plans that serve the best interest and welfare of the client."

SECTION      3A.      Section 44-20-30 of the 1976 Code, as last amended by Act 47 of 2011, is further amended by adding an appropriately numbered item at the end to read:

     "( )      'Autism spectrum disorder' means autism spectrum disorder as defined by the most recent publication of the Diagnostic and Statistical Manual of Mental Disorders (DSM) or a pervasive developmental disorder as defined in any previous edition of the DSM."

B.      Section 44-20-30(1), (2), (4), (5), (15) and (19) of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "(1)      'Applicant' means a person who is believed to have intellectual disability, one or more related disabilities, autism spectrum disorder, one or more head injuries, one or more spinal cord injuries, or an infant at high risk of a developmental disability who has applied for services of the South Carolina Department of Disabilities and Special Needs.
     (2)      'Client' is a person who is determined by the Department of Disabilities and Special Needs to have intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury and is receiving services or is an infant at risk of having a developmental disability and is receiving services.

     (4)      'County disabilities and special needs boards' means the local public body administering, planning, coordinating, or providing services within a county or combination of counties for persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries and recognized by the department.
     (5)      'Day programs' are programs provided to persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries outside of their residences affording development, training, employment, or recreational opportunities as prescribed by the Department of Disabilities and Special Needs.

     (15)      'Related disability' is a severe, chronic condition found to be closely related to intellectual disability or to require treatment similar to that required for persons with intellectual disability and must meet the following conditions:
           (a)      It is attributable to cerebral palsy, epilepsy, autism, or any other condition other than mental illness found to be closely related to intellectual disability because this condition results in impairment of general intellectual functioning or adaptive behavior similar to that of persons with intellectual disability and requires treatment or services similar to those required for these persons.
           (b)      It is manifested before twenty-two years of age.
           (c)      It is likely to continue indefinitely.
           (d)      It results in substantial functional limitations in three or more of the following areas of major life activity: self-care, understanding and use of language, learning, mobility, self-direction, and capacity for independent living.

     (19)      'Department' shall mean the State Department of Administration as constituted pursuant to Chapter 11, Title 1."

SECTION      4.      Section 44-20-220 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-20-220.      The commission shall determine the policy and promulgate regulations governing the operation of the department and the employment of professional staff and personnel. The members of the commission shall receive subsistence, mileage, and per diem as may be provided by law for members of state boards, committees, and commissions. The commission shall appoint and in its discretion remove a South Carolina Director of Disabilities and Special Needs who is the chief executive officer of the department. The commission may appoint advisory committees it considers necessary to assist in the effective conduct of its responsibilities. The commission may educate the public and state and local officials as to the need for the funding, development, and coordination of services for persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries and promote the best interest of persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries. The commission is authorized to promulgate regulations to carry out the provisions of this chapter and other laws related to intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries. In promulgating these regulations, the commission must consult with the advisory committee of the division for which the regulations shall apply."

SECTION      5.      Section 44-20-240 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-20-240.      There is created the South Carolina Department of Disabilities and Special Needs which has authority over all of the state's services and programs for the treatment and training of persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries. This authority does not include services delivered by other agencies of the State as prescribed by statute. The department must be comprised of an Intellectual Disability Division, an Autism Spectrum Disorder Division, and a Head and Spinal Cord Injuries Division. The department may be divided into additional divisions as may be determined by the director and approved and named by the commission. Responsibility for all autistic autism spectrum disorder services is transferred from the Department of Mental Health to the Department of Disabilities and Special Needs."

SECTION      6.      Section 44-20-250 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-20-250.      The department shall coordinate services and programs with other state and local agencies for persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries. The department may negotiate and contract with local agencies, county boards of disabilities and special needs, private organizations, and foundations in order to implement the planning and development of a full range of services and programs for persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries subject to law and the availability of fiscal resources. The department has the same right to be reimbursed for expenses in providing disabilities and special needs services through a contractual arrangement as it has to be reimbursed for expenses provided through direct departmental services. The department shall develop service standards for programs of the department and for programs for which the department may contract and shall review and evaluate these programs on a periodic basis."

SECTION      7.      Section 44-20-260 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-20-260.      The department, with funds available for these purposes, may conduct research to determine the causes, proper treatment, and diagnosis of intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries and may use facilities and personnel under its control and management for carrying out the research so long as the rights of the client are preserved and prior consent is obtained pursuant to Section 44-26-180."

SECTION      8.      Section 44-20-270 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-20-270.      The department is designated as the state's intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries authority for the purpose of administering federal funds allocated to South Carolina for intellectual disability programs, related disability programs, autism spectrum disorder programs, head injury programs, and spinal cord injury programs. This authority does not include the functions and responsibilities granted to the South Carolina Department of Health and Environmental Control or to the South Carolina Department of Vocational Rehabilitation or the administration of the 'State Hospital Construction and Franchising Act'."

SECTION      9.      Section 44-20-280 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-20-280.      The department may negotiate and contract with an agency of the United States or a state or private agency to obtain grants to assist in the expansion and improvement of services to persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries and may expend the grants under the terms and conditions of the award."

SECTION      10.      Section 44-20-320 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-20-320.      The department or any of its programs may accept gifts, bequests, devises, grants, and donations of money, real property, and personal property for use in expanding and improving services to persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries available to the people of this State. However, nothing may be accepted by the department with the understanding that it diminishes an obligation for paying care and maintenance charges or other monies due the department for services rendered. The commission may formulate policies and promulgate regulations governing the disposition of gifts, bequests, devises, grants, and donations. If they are given to a specific service program of the department they must remain and be used for that program only or to its successor program."

SECTION      11.      Section 44-20-350(A) of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "(A)      Reasonable reimbursement to the State for its fiscal outlay on behalf of services rendered by the department or any other agency authorized by the department to offer services to clients is a just obligation of the person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury, his estate, or his parent or guardian under the conditions and terms provided in this section."

SECTION      12.      Section 44-20-370 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-20-370.      (A)      The department shall:
           (1)      notify applicants when they have qualified under the provisions of this chapter;
           (2)      establish standards of operation and service for county disabilities and special needs programs funded in part or in whole by state appropriations to the department or through other fiscal resources under its control;
           (3)      review service plans submitted by county boards of disabilities and special needs and determine priorities for funding plans or portions of the plans subject to available funds;
           (4)      review county programs covered in this chapter;
           (5)      offer consultation and direction to county boards;
           (6)      take other action not inconsistent with the law to promote a high quality of services to persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries and their families.
     (B)      The department shall seek to develop and utilize the most current and promising methods for the training of persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries. It shall utilize the assistance, services, and findings of other state and federal agencies. The department shall disseminate these methods to county boards and programs providing related services."

SECTION      13.      Section 44-20-375(C) of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "(C)      After June 30, 1992, the department shall recognize only county boards of disabilities and special needs that plan, administer, or provide services to persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries within a county or combination of counties which are created or established pursuant to this section, including those whose members are appointed by the Governor. A county board of disabilities and special needs created by ordinance before January 1, 1991, is considered created pursuant to this section, provided the ordinance includes and complies with the provisions of subsection (A)."

SECTION      14.      Section 44-20-380(A) and (B) of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "(A)      County disabilities and special needs boards are encouraged to utilize lawful sources of funding to further the development of appropriate community services to meet the needs of persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries and their families.
     (B)      County boards may apply to the department for funds for community services development under the terms and conditions as may be prescribed by the department. The department shall review the applications and, subject to state appropriations to the department or to other funds under the department's control, may fund the programs it considers in the best interest of service delivery to the citizens of the State with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries."

SECTION      15.      Section 44-20-385(5) and (8) of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "(5)      shall employ personnel and expend its budget for the direct delivery of services or contract with those service vendors necessary to carry out the county intellectual disability, related disabilities, autism spectrum disorder, head injuries, and spinal cord injuries services program who meet specifications prescribed by the department;

     (8)      shall represent the best interest of persons with intellectual disability, related disabilities, autism spectrum disorder, head injuries, or spinal cord injuries to the public, public officials, and other public or private organizations."

SECTION      16.      Section 44-20-390(A) and (C) of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "(A)      In order to provide assistance to families and individuals the department 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 department. If upon completion of the assessment, the applicant is determined to have intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury and be in need of services, he may become a client of the department and eligible for services. A service plan must be designated for each person assessed. A person determined to have intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury and who chooses to become a client of the department, must be provided with the delivery or coordination of services by the department. A person determined not to have intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury may be provided by the department with referral and assistance in obtaining appropriate services or further evaluation.

     (C)      No individual believed to have intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury may be admitted to the services of the department until he has been examined at a diagnostic center of the department or a diagnostic center approved by the department and certified by the department on the basis of acceptable data to have intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury or unless he is an infant at risk of a developmental disability and in need of the department's services."

SECTION      17.      Section 44-20-400 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-20-400.      Upon the written request of the person, the person's parents, parent with legal custody, or lawful custodian or legal guardian and subject to the availability of suitable accommodations and services, a person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury may be admitted to the services of the department for evaluation and diagnosis and shall remain in the residential services of the department for that period required to complete the diagnostic study. However, this period may not exceed thirty days except upon approval of the director or his designee. Individuals admitted under the provisions of this section are subject to the same regulations and departmental policies as regular admissions. The department may prescribe the form of the written application for diagnostic services."

SECTION      18.      Section 44-20-440 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-20-440.      Subject to the availability of suitable services and programs and subject to the provisions of 'Requirement for Admission to Services', 'Order in which Person May be Admitted', and 'Final Authority over Eligibility', the director or his designee may admit a client to the services of the department upon the written request of the parents of the person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury, a parent with legal custody, spouse, lawful custodian or legal guardian, or the person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury seeking to be admitted to the department's services if the person is twenty-one years of age or over and competent to make the decision. The department shall prescribe the form of the application for services."

SECTION      19.      Section 44-20-450 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-20-450.      (A)      Proceedings for the involuntary admission of a person with intellectual disability, or a related disability, or autism spectrum disorder to the services of the department may be initiated by the filing of a verified petition with the probate or the family court by:
           (1)      the spouse;
           (2)      a relative;
           (3)      the parents;
           (4)      a parent with legal custody;
           (5)      the legal guardian of the person;
           (6)      the person in charge of a public or private institution in which the individual is residing at the time;
           (7)      the director of the county department of social services of the county in which the person resides; or
           (8)      a solicitor or an assistant solicitor responsible for the criminal prosecution pursuant to Section 44-23-430(2).
     Upon filing of the petition, the judge shall set a date for a hearing on it and ensure that the client has an attorney who represents him. The parents, parent with legal custody, spouse, guardian, or nearest known relative of the person alleged to have intellectual disability, or a related disability, or autism spectrum disorder and in whose behalf the petition has been made and in the discretion of the court, the individual alleged to have intellectual disability, or a related disability, or autism spectrum disorder and the department must be served by the court with a written notice of the time and place of the hearing, together with a written statement of the matters stated in the petition. If no parent, spouse, legal guardian, or known relative of the person alleged to have intellectual disability, or a related disability, or autism spectrum disorder is found, the court shall appoint a guardian ad litem to represent the person alleged to have intellectual disability, or a related disability, or autism spectrum disorder and the notice must be served upon the guardian. If the parent, spouse, guardian, or known relative of the person alleged to have intellectual disability, or a related disability, or autism spectrum disorder is found, he must be notified of the right to an attorney at the hearing.
     (B)      The hearing on the petition may be in the courthouse or at the place of residence of the person alleged to have intellectual disability, or a related disability, or autism spectrum disorder or at another place considered appropriate by the court. The person alleged to have intellectual disability, or a related disability, or autism spectrum disorder does not need to be present if the court determines that the hearing would be injurious or detrimental to the person alleged to have intellectual disability, or a related disability, or autism spectrum disorder or if the person's mental or physical condition prevents his participation in the hearing. However, his attorney must be present.
     (C)      A report of the person in charge of the examination of the person alleged to have intellectual disability, or a related disability, or autism spectrum disorder at the diagnostic center referred to in 'Requirement for Admission' must be submitted to the court at the hearing. The court may not render judgment in the hearing unless this report is available and introduced.
     (D)      If the court determines that the evidence presented by the examiners at the diagnostic center, along with other evidence presented to the court, is to the effect that the person does not in fact have intellectual disability, or a related disability, or autism spectrum disorder to an extent which would require commitment, it shall terminate the proceeding and dismiss the petition.
     (E)      If the person is found by the court to have intellectual disability, or a related disability, or autism spectrum disorder and be in need of placement in a facility or service program of the department, the court shall order that he be admitted to the jurisdiction of the department as soon as necessary services are available and include in the order a summary of the evidence presented and order of the court.
     (F)      The department shall inform the court as soon after the date of the order as practical that suitable accommodations and services are available to meet the needs of the person with intellectual disability, or a related disability, or autism spectrum disorder. Upon notification, the court shall direct the petitioner in these proceedings to transport the person with intellectual disability, or a related disability, or autism spectrum disorder to a program the department designates.
     (G)      A party to these proceedings may appeal from the order of the court to the court of common pleas, and a trial de novo with a jury must be held in the same manner as in civil actions unless the petitioner through his attorney waives his right to a jury trial. Pending a final determination of the appeal, the person with intellectual disability, or a related disability, or autism spectrum disorder must be placed in protective custody in either a facility of the department or in some other suitable place designated by the court. No person with intellectual disability, or a related disability, or autism spectrum disorder must be confined in jail unless there is a criminal charge pending against him."

SECTION      20.      Section 44-20-460 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-20-460.      (A)      A person admitted or committed to the services of the department remains a client and is eligible for services until discharged. When the department determines that a client admitted to services is no longer in need of them, the director or his designee may discharge him. When the only basis of the department's provision of services to a client is that he is a person with intellectual disability, or a related disability, or autism spectrum disorder and it is determined that he is no longer in that condition, the director or his designee shall discharge him as soon as practical. A client of the department who is receiving residential services may be released to his spouse, parent, guardian, or relative or another suitable person for a time and under conditions the director or his designee may prescribe.
     (B)      When a client voluntarily admitted requests discharge or the person upon whose application the client was admitted to the department's services requests discharge in writing, the client may be detained by the department for no more than ninety-six hours. However, if the condition of the person is considered by the director or his designee to be such that he cannot be discharged with safety to himself or with safety to the general public, the director or his designee may postpone the requested discharge for not more than fifteen days and cause to be filed an application for judicial admission. For the purpose of this section, the probate court or family court of the county in which the facility where the person with intellectual disability, or a related disability, or autism spectrum disorder resides is located is the venue for judicial admission. Pending a final determination on the application, the court shall order the person with intellectual disability, or a related disability, or autism spectrum disorder placed in protective custody in either a facility of the department or in some other suitable place designated by the court."

SECTION      21.      Section 44-20-470 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

"Section 44-20-470.      (A)      The department may return a nonresident person with intellectual disability, or a related disability, or autism spectrum disorder admitted to a service or program in this State to the proper agency of the state of his residence.
     (B)      The department is authorized to enter into reciprocal agreements with the proper agencies of other states to facilitate the return to the state of their residence persons admitted or committed to services for persons with intellectual disability, or a related disability, or autism spectrum disorder in this State or other states.
     (C)      The department may detain a person with intellectual disability, or a related disability, or autism spectrum disorder returned to this State from the state of his commitment for not more than ninety-six hours pending order of the court in commitment proceedings in this State.
     (D)      The expense of returning persons with intellectual disability, or a related disability, or autism spectrum disorder to other states must be paid by this State, and the expense of returning residents of this State with intellectual disability, or a related disability, or autism spectrum disorder must be paid by the state making the return when interstate agreements to that effect have been negotiated."

SECTION      22.      Section 44-20-490(A) of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "(A)      When the department determines that a client may benefit from being placed in an employment situation, the department shall regulate the terms and conditions of employment, shall supervise persons with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury so employed, and may assist the client in the management of monies earned through employment to the end that the best interests of the client are served."

SECTION      23.      Section 44-20-510 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-20-510.      Placement of a person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury in a program of the department does not preclude his attendance in community-based public school classes when the individual qualifies for the classes."

SECTION      24.      Section 44-20-710 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-20-710.      No day program in part or in full for the care, training, or treatment of a person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury may deliver services unless a license first is obtained from the department. For the purpose of this article 'in part' means a program operating for ten hours a week or more. Educational and training services offered under the sponsorship and direction of school districts and other state agencies are not required to be licensed under this article."

SECTION      25.      Section 44-20-740 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-20-740.      No day program may accept a person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury for services other than those for which it is licensed. No program may serve more than the number of clients as provided on the license. An applicant for a license shall file an application with the department in a form and under conditions the department may prescribe. The license must be issued for up to three years unless sooner suspended, revoked, or surrendered. The license is not transferable and must not be assigned."

SECTION      26.      Section 44-20-780(B) of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "      (B) If an existing program has conditions or practices which, in the department's judgment, provide an immediate threat to the safety and welfare of the person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury served, the department may immediately suspend or revoke the license of the program. Notification of the program board or operator by certified mail of the license suspension or revocation also must include the reasons or conditions. A person operating a program which has had its license suspended or revoked must be punished as provided in 'Injunctions; Penalties'."

SECTION      27.      Section 44-20-900(A) of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "(A)      The department, in accordance with the laws of the State governing injunctions and other processes, may maintain an action in the name of the State against a person for establishing, conducting, managing, or operating a day program for the care, training, and treatment of a person with intellectual disability, a related disability, autism spectrum disorder, head injury, or spinal cord injury without obtaining a license as provided in this article. In charging a defendant in a complaint in the action, it is sufficient to charge that the defendant, upon a certain day and in a certain county, provided day program services without a license, without averring more particular facts concerning the charge."

SECTION      28.      Section 44-21-10(A), (B), (C) of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "(A)      It is the intent of the General Assembly that individuals with intellectual disability or related disabilities, autism spectrum disorder, or head injuries, spinal cord injuries, or similar disabilities and their families be afforded supports that emphasize community living and enable them to enjoy typical lifestyles. One way to do this is to recognize that families are the greatest resource available to individuals with intellectual disability or related disabilities, autism spectrum disorder, or head injuries, spinal cord injuries, or similar disabilities and that families must be supported in their role as primary caregivers. The General Assembly finds that supporting individuals and families in their effort to care for themselves or their family members at home is more efficient, cost-effective, and sensitive than maintaining people with intellectual disability or related disabilities, autism spectrum disorder in out-of-home residential settings.
     (B)      The intent of the Family Support Services Program provided for in this chapter is to assist individuals with disabilities and their families who desire or choose to support a family member with intellectual disability, or a related disability, autism spectrum disorder, or head injury, spinal cord injury, or similar disability in their home. The program is not meant to create a hardship on a family by supplanting or diverting access from other appropriate or necessary services. It is recognized that persons with intellectual disability or related disabilities, autism spectrum disorder, or head injuries, spinal cord injuries, or similar disabilities have the right to receive services from public and other agencies that provide services to South Carolina citizens and to have those services coordinated with the services needed because of their disabilities. It is the position of this State that children and adults have the right to live with their families. The individual's and family's circumstances and desires must be taken into account when considering the appropriate types of services or supports which can best meet the needs of the individual and family.
     (C)      In recognition of the importance of families, the following principles must be used as guidelines in developing services to support families:
           (1)      Families and individuals with intellectual disability or related disabilities, autism spectrum disorder, or head injuries, spinal cord injuries, or similar disabilities are best able to determine their own needs and should be able to make decisions concerning necessary, desirable, and appropriate services.
           (2)      Individuals and families should receive the support necessary to care for themselves or their family member at home.
           (3)      Family support is needed throughout the lifespan of an individual with intellectual disability or related disabilities, autism spectrum disorder, or head injuries, spinal cord injuries, or similar disabilities.
           (4)      Family support services should be sensitive to the unique needs, strengths, and values of the individuals and the family and should be responsive to the needs of the entire family.
           (5)      Family support should build on existing social networks and natural sources of support and should encourage community integration.
           (6)      Family support services should be provided in a manner that develop comprehensive, responsive, and flexible support to individuals and families as their needs evolve over time.
           (7)      Family support services should be coordinated across the numerous agencies likely to provide resources and services to individuals and families and should be provided equitably across the State.
           (8)      Family, individual, and community-based services should be based on the principles of sharing ordinary places, developing meaningful relationships, learning things that are useful, making choices, as well as promoting an individual's self-esteem.
           (9)      Family support services should be sufficient to enable families to keep their family members with intellectual disability or related disabilities, autism spectrum disorder, or head injuries, spinal cord injuries, or similar disabilities at home or be sufficient to enable the individual with a disability to remain at home.
           (10)      Services provided through the Family Support Program must be coordinated closely with services received from public and other agencies and shall foster collaboration and cooperation with all agencies providing services to individuals with intellectual disability or related disabilities, autism spectrum disorder, or head injuries, spinal cord injuries, or similar disabilities."

SECTION      29.      Section 44-21-20(2) of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "(2)      'Family support' means goods and services needed by individuals or families to care for themselves or their family members with intellectual disability or related disabilities, autism spectrum disorder, or head injuries, spinal cord injuries, or similar disabilities and to enjoy a quality of life comparable to other community members."

SECTION      30.      44-21-40 of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "Section 44-21-40.      The focus of the Family Support Program is supporting:
     (1)      families with children with intellectual disability or related disabilities, autism spectrum disorder, or head injuries, spinal cord injuries, or similar disabilities, twenty-one years of age and younger;
     (2)      persons older than twenty-one years of age with intellectual disability or related disabilities, autism spectrum disorder, or head injuries, spinal cord injuries, or similar disabilities who choose to live with their families;
     (3)      persons older than twenty-one years of age with intellectual disability or related disabilities, autism spectrum disorder, or head injuries, spinal cord injuries, or similar disabilities who are residing in the community in an unsupported setting, not a state or federally funded program."

SECTION      31.      Section 44-23-410(A)(1) and (D) of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

           "(1)      order examination of the person by two examiners designated by the Department of Mental Health if the person is suspected of having a mental illness or designated by the Department of Disabilities and Special Needs if the person is suspected of having intellectual disability or having a related disability or having autism spectrum disorder or by both sets of examiners if the person is suspected of having both mental illness and intellectual disability or a related disability or having both mental illness and autism spectrum disorder . The examination must be made within thirty days after the receipt of the court's order and may be conducted in any suitable place unless otherwise designated by the court; or

     (D)      If the examiners designated by the Department of Mental Health find indications of intellectual disability, or a related disability, or autism spectrum disorder but not mental illness, the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person is 'not mentally ill' and recommend that the person should be evaluated for competency to stand trial by the Department of Disabilities and Special Needs. If the examiners designated by the Department of Disabilities and Special Needs find indications of mental illness but not intellectual disability, or a related disability, or autism spectrum disorder the department shall not render an evaluation on the person's mental capacity, but shall inform the court that the person does 'not have intellectual disability, or a related disability, or autism spectrum disorder' and recommend that the person should be evaluated for competency to stand trial by the Department of Mental Health. If either the Department of Mental Health or the Department of Disabilities and Special Needs finds a preliminary indication of a dual diagnosis of mental illness and intellectual disability, or a related disability, or autism spectrum disorder, this preliminary finding must be reported to the court with the recommendation that one examiner from the Department of Mental Health and one examiner from the Department of Disabilities and Special Needs be designated to further evaluate the person and render a final report on the person's mental capacity."

SECTION      32.      Section 44-26-10(2), (3), and (12) of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "(2)      '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, or autism spectrum disorder and is receiving services or is an infant at risk of having intellectual disability, or a related disability, or autism spectrum disorder and is receiving services.
     (3)      'Client      s representative' means the client's parent, guardian, legal counsel, or other person who acts on behalf or in the best interest of a person with intellectual disability, or a related disability, or autism spectrum disorder.

     (12)      'Major medical treatment' means a medical, surgical, or diagnostic intervention or procedure proposed for a person with intellectual disability, or a related disability, or autism spectrum disorder where a general anesthetic is used or which involves a significant invasion of bodily integrity requiring an incision, producing substantial pain, discomfort, debilitation, or having a significant recovery period. It does not include routine diagnosis or treatment such as the administration of medications or nutrition or the extractions of bodily fluids for analysis or dental care performed with a local anesthetic or a nonpermanent procedure designed for the prevention of pregnancy."

SECTION      33.      Section 44-26-70(B)(1) and (3) of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "(1)      a family member of a person with intellectual disability, or a related disability, or autism spectrum disorder;

     (3)      a representative of the community at large with expertise or a demonstrated interest in the care and treatment of persons with intellectual disability, or related disabilities, or autism spectrum disorder."

SECTION      34.      Section 44-26-90(8) of the 1976 Code, as last amended by Act 47 of 2011, is further amended to read:

     "(8) exercise rights of citizenship in the same manner as a person without intellectual disability, or a related disability or autism spectrum disorder."

SECTION      35.      Section 38-71-280(A)(1) of the 1976 Code is amended to read:

     "(1)      'Autism spectrum disorder' means one of the three following disorders as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association:
           (a) Autistic Disorder;
           (b) Asperger's Syndrome;
           (c) Pervasive Developmental Disorder-Not Otherwise Specified autism spectrum disorder as defined by the most recent publication of the Diagnostic and Statistical Manual of Mental Disorders (DSM) or a pervasive developmental disorder as defined in any previous edition of the DSM."

SECTION      36.      Section 59-21-510(11) of the 1976 Code is amended to read:

     "(11)      'Pupils with autism spectrum disorder' means pupils with a severe and chronic disorder that affects communication and behavior and which is manifested during early development by a characteristic pattern of social, communication, and learning behaviors. Autism spectrum disorder means is a behaviorally defined syndrome; autism spectrum disorder as defined by the most recent publication of the Diagnostic and Statistical Manual of Mental Disorders (DSM) or a pervasive developmental disorder as defined in any previous edition of the DSM, the essential features of which include disturbances of: developmental rates or sequences; response to sensory stimuli; speech, language, and communication; and capacities to relate to people, objects, and events."

SECTION      37.      Retitle Title 44, Chapter 20 as "South Carolina Intellectual Disability, Related Disabilities, Autism Spectrum Disorder, Head Injuries, and Spinal Cord Injuries Act".

SECTION      38.      This act takes effect upon approval by the Governor. /

Renumber sections to conform.
Amend title to conform.