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.