§ 40.1-26-1 Short title
§ 40.1-26-2 Definitions
§ 40.1-26-3 Participants’ rights
§ 40.1-26-3.1 Applicant’s rights
§ 40.1-26-4 Requirements of agencies
§ 40.1-26-4.1 Aversive interventions – Prohibitions
§ 40.1-26-5 Participant grievance procedure
§ 40.1-26-6 Immunity from liability
§ 40.1-26-6.1 Good-faith immunity
§ 40.1-26-7 Deprivation of rights – Penalty
§ 40.1-26-8 Disqualification
§ 40.1-26-9 Nonduplication
§ 40.1-26-10 Office of quality assurance
§ 40.1-26-11 Enforcement

Terms Used In Rhode Island General Laws > Chapter 40.1-26 - Rights for Persons with Developmental Disabilities

  • Advocate: means : (i) A legal guardian; or (ii) An individual acting on behalf of a person with a developmental disability in a manner clearly consistent with the interests of the person with a developmental disability and includes a family member, friend, or professional advocate. See Rhode Island General Laws 40.1-26-2
  • Agency: means any person or organization that provides day-program services, residential services, support services, or advocacy services for persons with developmental disabilities, and that is licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to § 40. See Rhode Island General Laws 40.1-26-2
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means any person with a developmental disability who has applied for services from the division of developmental disabilities and/or any agency licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to § 40. See Rhode Island General Laws 40.1-26-2
  • Competent: means the ability to understand the likely risks and benefits of a procedure or plan when the risks and benefits are presented to the participant in a manner most likely to be understood by the participant in light of his or her cognitive abilities and learning style. See Rhode Island General Laws 40.1-26-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Department: means the department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-26-2
  • Developmental disability: means a severe chronic disability that is attributable to a mental or physical impairment or combination of impairments; is manifested before the person attains age twenty-two (22); is likely to continue indefinitely; results in substantial functional limitations in three (3) or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self-direction, capacity for independent living, economic self-sufficiency; and reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated. See Rhode Island General Laws 40.1-26-2
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • 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.
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • Individualized plan: means the personalized document that describes an individualized profile of the participant highlighting his or her capabilities, preferences, and interests. See Rhode Island General Laws 40.1-26-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Participant: means any person eighteen (18) years or older, with a developmental disability who receives services from the division of developmental disabilities and/or an agency licensed by the department of behavioral healthcare, developmental disabilities and hospitals. See Rhode Island General Laws 40.1-26-2
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Personal property: All property that is not real property.
  • Relative: means a member of the participant's or applicant's family who has been actively involved in the participant's or applicant's life; has an ongoing relationship with the participant or applicant; and is supportive in a manner clearly consistent with the best interests of the participant or applicant. See Rhode Island General Laws 40.1-26-2
  • Seclusion: means placing a participant alone in a locked room without supervision. See Rhode Island General Laws 40.1-26-2
  • Serious incidents: means any situation involving a person with developmental disabilities in which the person:

    (i)  Has sustained an injury that requires medical care or treatment beyond routine first aid;

    (ii)  Has been missing;

    (iii)  Has died;

    (iv)  Has been involved in a criminal act; or

    (v)  Has been subject to a medication error. See Rhode Island General Laws 40.1-26-2

  • Statute: A law passed by a legislature.