South Dakota Administrative Rules
Title 46 - Department of Human Services
Article 46:11 - Developmental disabilities
Chapter 46:11:05 - Service standards
Section 46:11:05:06.01 - Policy for highly restrictive procedures

(1) Procedures to ensure compliance with SDCL 27B-8-51, 27B-8-52, 27B-8-53, 27B-8-54, and 27B-8-55;

(2) A description of the ISP team's process including plan development, identifying the most appropriate highly restrictive procedure for the participant's needs and restoration plan, and consent by the participant, or the participant's parent if the participant is under 18 years of age, or the participant's guardian, if any;

(3) A procedure for the participant, or the participant's parent if the participant is under 18 years of age, or the participant's guardian, if any, to review, approve, and appeal the highly restrictive procedure;

(4) The human rights committee and behavior support committee review and approve the procedure prior to implementation and at least every six months thereafter;

(5) A description of circumstances under which a time-out may be used, the maximum time it may be used, and the procedures to be followed;

(6) A requirement that the participant's plan include timelines for notifying the participant's parent if the participant is under 18 years of age, or the guardian, if any, when a highly restrictive procedure is used;

(7) A requirement to address emergency rights restriction pursuant to § 46:11:03:09, including time-lines of team meetings and review by the human rights committee and the behavior support committee; and

(8) Procedures to ensure regular oversight of implementation and staff training.