(1) Unless a person's rights are modified by court order, a person with an intellectual and developmental disability has the same legal rights and responsibilities guaranteed to all other persons under the federal and state constitutions and federal and state laws. No otherwise qualified person, by reason of having an intellectual and developmental disability, may be excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity which receives public funds.
The receipt of services and supports pursuant to this article does not deprive anyperson of any other rights, benefits, or privileges or cause the person to be declared legally incompetent.
The rights of any person receiving services which are specified in this article may besuspended to protect the person receiving services from endangering such person, others, or property. Such rights may be suspended only by the intellectual and developmental disabilities professional with subsequent review by the interdisciplinary team and by the human rights committee in order to provide specific services or supports to the person receiving services, which will promote the least restriction on the person's rights. Such person's legal rights may be removed by a court pursuant to section 25.5-10-216.
None of the rights established pursuant to this article shall be construed to interferewith the rights and privileges of parents regarding their minor child.
Source: L. 2013: Entire article added with relocations, (HB 13-1314), ch. 323, p. 1770, § 1, effective March 1, 2014.
Editor's note: This section is similar to former § 27-10.5-112 as it existed prior to 2013.