{"data":{"id":"us-ky/krs-347.030","jurisdiction":"us-ky","citation":"KRS 347.030","heading":"Rights of developmentally disabled person.","body":"(1) Rights enumerated in this chapter, including the right to accept or reject services,\nactive treatment and residential alternatives, shall be exercised by:\n(a) The person with a developmental disability;\n(b) The person's parent if the person is a minor; or\n(c) The person's guardian if the person has been adjudicated legally disabled in\nthat specific decision-making area.\n(2) Each person with a developmental disability shall have the opportunity to reside in\nthe least restrictive, individually appropriate res idential alternative located as close\nas possible to his home community.\n(3) Each person with a developmental disability, to the extent it is individually\nappropriate, shall have the right to:\n(a) Interact with nondisabled people in a nontreatment, nonserv ice oriented\nsetting;\n(b) Live with or in close proximity to nondisabled persons; and\n(c) Live in a setting which closely approximates those conditions available to\nnondisabled persons of the same age.\n(4) Nothing in subsection (3) of this section shall be  construed to abolish any existing\nresidential or institutional alternatives as defined by this chapter.\n(5) The ISP shall contain, but not be limited to:\n(a) Intermediate and long -range active treatment and service goals, including\nspecific goals to facil itate the development and retention of daily living skills\nnecessary for living in the least restrictive, individually appropriate residential\nalternative as defined by this chapter, with a projected timetable for their\nattainment;\n(b) The person's schedul e of service activities, including the least restrictive,\nindividually appropriate service settings to be utilized for the implementation\nof each goal and objective identified; and\n(c) The specific services to be offered the person to attain these goals.\n(6) The following persons shall have the right to participate in the development of the\nISP:\n(a) The person with a developmental disability;\n(b) The person's representative;\n(c) The person's guardian if the person has been adjudicated legally disabled; and\n(d) The person's parent if the person is a minor or states no objection to the\nparticipation of his parent.\n(7) Any person relocated from an institutional to a noninstitutional setting or from a\nnoninstitutional to an institutional setting for whom it is subsequently determined\nand reflected in his ISP that the initial setting is the individually appropriate\nenvironment, shall have the following rights:\n(a) To receive a maximum of thirty (30) days of individually appropriate respite\ncare initiated within t wenty-four (24) hours of the decision for the person to\nrelocate to the initial setting;\n(b) To be placed as soon as possible but no later than thirty (30) days in the initial\nresidential alternative from which he was transferred or any other individually\nappropriate residential alternative;\n(c) To not be placed in an intermediate care nursing facility, skilled nursing\nfacility or mental health facility, unless recommended by the IDT, approved\nby the person, his parent, if the person is a minor, or guardian , if the person\nhas been adjudicated legally disabled, and supported by documented medical\nneed; and\n(d) To be transferred no more than three (3) times within the thirty (30) days\nallowed for respite care, except in a crisis situation, as defined by the IDT.\n(8) Each person with a developmental disability shall have a right to receive least\nrestrictive individually appropriate services, including a daily program of activities\noutside the residence in accordance with his ISP.\n(9) In a manner consistent with the rights of privacy of a person with a developmental\ndisability such a person shall have a right to be referred for medical and dental care\nand shall have the right to reasonable access to review medical, service and\ntreatment files, to be informed of diagnoses, and to receive a copy of his ISP.\n(10) A person who requests services under this chapter or who is identified as a person\nwith a developmental disability, his parent, if the person is a minor, or guardian, if\nthe person has been adjudicated legall y disabled, shall be informed orally and in\nwriting of the contents of this chapter, including the rights guaranteed under this\nchapter.\n(11) Rights enumerated in this chapter shall not be construed to replace or limit any\nother rights, benefits, or privil eges, including other statutory and regulatory due\nprocess rights and protections.","path":["KRS Chapter 347"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32720","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:34Z","sha256":"0e7132c14e6f7dfdea25c91111fe6e7c2d3e1d2510b717280e0ec7c4347ec635","source_id":"us-ky","stale":false,"prev":"us-ky/krs-347.020","next":"us-ky/krs-347.040"},"notice":"GroundRules: Original legal text. Not legal advice."}