Terms used in this article mean:

1. (1) "Abuse," an intentional act toward a participant involving:

   1. (a) A criminal conviction under SDCL chapter 22-46 or other crime involving mistreatment of a participant; or
   2. (b) Substantial evidence that a participant experienced harm, pain, fear, or mental anguish due to physical harm, physical injury, behavior causing imminent fear of physical harm or injury, or words or actions that intimidated, menaced, bullied, or coerced a participant;
2. (2) "Advocate," any individual designated by a participant to support that participant by speaking or acting on the participant's behalf;
3. (3) "Certification," the department decision following procedures in chapter 46:11:02 that entitles an organization to receive government funds and provide services to participants;
4. (4) "Chemical intervention," any medication used for the purpose of managing a participant's problem behavior;
5. (5) "Community services provider," (SP) as defined in SDCL 27B-1-17;
6. (6) "Community support provider," (CSP) as defined in SDCL 27B-1-17;
7. (7) "Conservator," as defined in SDCL 29A-5-102;
8. (8) "Department," the Department of Human Services;
9. (9) "Developmental disability," as defined in SDCL 27B-1-18;
10. (10) "Direct home and community-based services," (directHCBservices) any waiver service provided by a community support provider (CSP), a community services provider (SP), or a qualified provider in the community, except for case management;
11. (11) "Division," the Division of Developmental Disabilities in the Department of Human Services;
12. (12) “Exploitation," the wrongful taking or exercising of control over property of a participant with the intent to defraud the participant;
13. (13) "Family," a person or a group of people who are related to the participant by blood, marriage, or adoption, or as defined by the participant as a family based upon bonds of affection. For the purposes of this subdivision, the phrase, "bonds of affection," means ties that do not depend on the existence of an economic relationship and the relationship is expected to endure over time;
14. (14) "Group home," a congregate residential setting or home, for individuals with developmental disabilities;
15. (15) "Guardian," as defined in SDCL 29A-5-102;
16. (16) "Individualized service plan," (ISP) a single plan for the provision of necessary assessments, training, services, and supports to the participant that is person centered, directed by the participant, and oriented around personal outcomes measures;
17. (17) "Intellectual disability," as defined in SDCL 27B-1-18.1;
18. (18) "Individualized service plan team," a team composed of the participant; the participant's parent if the participant is under eighteen years of age or the participant's guardian; if any, the conflict-free case manager; the direct home and community-based services (HCBS) provider, and anyone else the participant desires;
19. (19) "National quality assurance organization," a national accrediting organization approved by the division;
20. (20) "Neglect," harm to a participant's health or welfare, without reasonable justification, caused by the conduct of someone responsible for the participant's health or welfare, including offensive behavior made to or directed at a participant, and the failure to provide timely, consistent, and safe services, treatment, or care necessary to avoid physical or mental harm to the participant;
21. (21) "Participant," a person receiving services or supports under the provisions of this article;
22. (22) "Plan of correction," a plan to correct a deficiency, identified as a result of an investigation of an incident or event by the division, that has placed or has the immediate potential to place a participant or the participant's health and safety in jeopardy;
23. (23) "Plan of enhancement," a plan to improve a deficiency identified by the division as a result of the division's review of a provider's compliance with this article;
24. (24) "Problem behavior," a behavior that requires the attention of others in the person's environment because the behavior must be stopped or minimized;
25. (25) "Provider," a community support provider (CSP) or a community services provider (SP); and
26. (26) "Termination," the imminent cessation of provider services to a participant because of the inability of the provider to address the participant's needs.

Source: 22 SDR 104, effective February 13, 1996; 24 SDR 190, effective July 16, 1998: 27 SDR 63, effective December 31, 2000; 40 SDR 102, effective December 3, 2013 ; 43 SDR 9, effective August 2, 2016; 44 SDR 65, effective October 16, 2017; 49 SDR 48, effective November 22, 2022; 50 SDR 63, effective November 28, 2023 .

General Authority: SDCL 27B-2-26 .

Law Implemented: SDCL 27B-1-15 , 27B-2-26 .

Prior versions effective: 2022-11-22, 2017-10-16, 2016-08-02, 2013-12-03.