North Dakota Code 25-01.2-14 – Individualized habilitation, person-centered service, or individual education plan – Contents
Any public or private agency or organization that provides services to an individual with a developmental disability must have a written, individualized habilitation, person-centered service, or individual educational plan developed and put into effect for each individual for whom that public or private agency or organization is primarily responsible for the delivery, or coordinating the delivery, of services. A plan required under this section must:
Terms Used In North Dakota Code 25-01.2-14
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- 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.
- Individual: means a human being. See North Dakota Code 1-01-49
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
1. Be developed and put into effect within thirty days following admission of the individual.
2. Be reviewed and updated from time to time, but no less than annually.
3. Include a statement of the long-term habilitation or education goals for the individual and the intermediate objectives relating to the attainment of those goals. The objectives must be stated specifically, in sequence, and in behavioral or other terms that provide measurable indices of progress.
4. State an objective criteria and an evaluation procedure and schedule for determining whether the objectives and goals are being achieved.
5. Describe the personnel necessary for the provision of the services described in the plan.
6. Specify the date of initiation and the anticipated duration of each service to be provided.
7. State whether the individual with a developmental disability appears to need a guardian and determine the type of protection needed by the individual based on the individual’s actual mental and adaptive limitations and other conditions which may warrant the appointment of a guardian. Any member of the individual habilitation, person-centered service, or individual educational plan team may petition, or notify any interested person of the need to petition, for a finding of incapacity and appointment of a guardian.