North Dakota Code 25-01.2-03 – Presumption of incompetence prohibited – Discrimination prohibited – Deprivation of constitutional, civil, or legal rights prohibited
An individual with a developmental disability may not be presumed to be incompetent and may not be deprived of any constitutional, civil, or legal right solely because of admission to or residence at an institution, facility, or individualized setting or solely because of receipt of services to individuals with developmental disabilities. However, nothing in this section may be construed to limit or modify section 16.1-01-04. The constitutional, civil, or legal rights which may not be varied or modified under the provisions of this section include:
Terms Used In North Dakota Code 25-01.2-03
- Individual: means a human being. See North Dakota Code 1-01-49
- Sex: means the biological state of being male or female, based on the individual's nonambiguous sex organs, chromosomes, or endogenous hormone profiles at birth. See North Dakota Code 1-01-49
1. The right to vote at elections; 2. The free exercise of religion; 3. The right of reasonable opportunities to interact with members of the opposite sex; and
4. The right to confidential handling of personal and medical records.