(1) The head of a facility shall establish or obtain for each developmentally disabled resident or client a current individual treatment plan. This plan shall be placed in the resident’s or client’s permanent file and shall describe:
(a)  The resident’s or client’s disabilities;
(b)  The goals of care and treatment at the facility;
(c)  The modes of care and treatment to be employed;
(d)  The location least restrictive of personal liberty in which appropriate services can be provided;
(e)  The written approval of the plan by the head of the facility or his designee;
(f)  Changes to the original plan;
(g)  A discharge plan including, if the resident or client has been committed to the director, a recommendation concerning legal status upon discharge; and
(h)  A statement by the head of the facility or his designee that the plan has been explained, as far as possible, to the resident or client and that a copy of the plan and of subsequent changes has been mailed to the last known address of the known parents, legal guardian or next of kin of the resident or client.
(2)  Each facility shall take reasonable efforts to include the resident or client and parents of minor residents or clients, legal guardians of clients or residents who lack capacity to make informed decisions about treatment or the resident’s or client’s duly appointed resident representative in the development of the plan, and provide for a system by which the client or resident may secure an independent review of the treatment plan.

Terms Used In Idaho Code 66-413

  • Director: means the director of the department of health and welfare. See Idaho Code 66-402
  • Facility: means the southwest Idaho treatment center, a nursing facility, an intermediate care facility, an intermediate care facility for people with intellectual disabilities, a licensed residential or assisted living facility, a group foster home, other organizations licensed to provide twenty-four (24) hour care, treatment and training to the developmentally disabled, a mental health center, or an adult and child development center. See Idaho Code 66-402
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Lacks capacity to make informed decisions: means the inability, by reason of developmental disability, to achieve a rudimentary understanding of the purpose, nature, and possible risks and benefits of a decision, after conscientious efforts at explanation, but shall not be evidenced by improvident decisions within the discretion allowed nondevelopmentally disabled individuals. See Idaho Code 66-402
  • Manage financial resources: means the actions necessary to obtain, administer and dispose of real, personal, intangible or business property, benefits and/or income. See Idaho Code 66-402
  • Meet essential requirements for physical health or safety: means the actions necessary to provide health care, food, clothing, shelter, personal hygiene and/or other care without which serious physical injury or illness would occur. See Idaho Code 66-402
  • Minor: means an individual under age eighteen (18) years. See Idaho Code 66-402
(3)  If, in the judgment of the head of any facility, the client or resident is unable to manage financial resources, is unable to meet essential requirements for physical health or safety, or lacks capacity to make informed decisions, he shall encourage guardianship or conservatorship proceedings under the provisions of this chapter.