S.C. Code § 44-20-10
Short title
This chapter may be cited as the "South Carolina Intellectual Disability, Related Disabilities, Head Injuries, and Spinal Cord Injuries Act".
South Carolina Code Title 44, Chapter 20 — South Carolina Intellectual Disability, Related Disabilities, Head Injuries, and Spinal Cord Injuries Act
South Carolina · statute · S.C. Code tit. 44, ch. 20 · 59 active provisions
S.C. Code § 44-20-20
Purpose of chapter
The State of South Carolina recognizes that a person with intellectual disability, a related disability, head injury, or spinal cord injury is a person who experiences the benefits of family, education, employment, and community as do all citizens. It is the purpose of this chapter to assist persons with intellectual d…
S.C. Code § 44-20-30
Definitions
As used in this chapter: (1) "Applicant" means a person who is believed to have an intellectual disability, one or more related disabilities, one or more head injuries, one or more spinal cord injuries, or an infant at high risk of a developmental disability who has applied for services from the office. (2) "Client" me…
S.C. Code § 44-20-210
Creation of Office of Intellectual and Developmental Disabilities
There is created the Office of Intellectual and Developmental Disabilities, a component of the Department of Behavioral Health and Developmental Disabilities. The office shall be headed by an office director appointed by the Director of the Department of Behavioral Health and Developmental Disabilities pursuant to Sect…
S.C. Code § 44-20-220
Duties of Director; advisory committees
The Director of the Department of Behavioral Health and Developmental Disabilities shall determine the policy and promulgate regulations governing the operation of the office and the employment of professional staff and personnel. Subject to the approval of the Director of the Department of Behavioral Health and Develo…
S.C. Code § 44-20-230
Powers and duties of director
Subject to the supervision, direction, and control of the Department of Behavioral Health and Developmental Disabilities, the office director shall administer the policies and regulations established by the department's director. The office director may appoint and, in his discretion, remove all other officers and empl…
S.C. Code § 44-20-240
Organizational structure
The office has authority over all of the state's services and programs for the treatment and training of persons with an intellectual disability, related disabilities, head injuries, and spinal cord injuries. This authority does not include services delivered by other agencies of the State as prescribed by statute. The…
S.C. Code § 44-20-250
Powers and duties of Department
The Office of Intellectual and Developmental Disabilities shall coordinate services and programs with other state and local agencies for persons with intellectual disability, related disabilities, head injuries, and spinal cord injuries. The Department of Behavioral Health and Developmental Disabilities may negotiate a…
S.C. Code § 44-20-255
Ownership of property confirmed in Department of Behavioral Health and Developmental Disabilities; retention of subsequent sales proceeds
(A) Upon execution of the deed as provided in subsection (B) of this section, ownership of the tract of real property in Richland County described in Section 1 of Act 1645 of 1972 is confirmed in the Department of Behavioral Health and Developmental Disabilities, as the successor agency to the South Carolina Department…
S.C. Code § 44-20-260
Research programs
The office, with funds available for these purposes, may conduct research to determine the causes, proper treatment, and diagnosis of intellectual disability, related disabilities, head injuries, and spinal cord injuries and may use facilities and personnel under its control and management for carrying out the research…
S.C. Code § 44-20-270
Administration of federal funds
The Office of Intellectual and Developmental Disabilities is designated as the state's intellectual disability, related disabilities, head injuries, and spinal cord injuries authority for the purpose of administering federal funds allocated to South Carolina for intellectual disability programs, related disability prog…
S.C. Code § 44-20-280
Contracts for expansion of service
The Department of Behavioral Health and Developmental Disabilities may negotiate and contract with an agency of the United States or a state or private agency to obtain grants to assist in the expansion and improvement of services to persons with intellectual disability, related disabilities, head injuries, or spinal c…
S.C. Code § 44-20-290
Security guards; powers; bonds
The Director of the Department of Behavioral Health and Developmental Disabilities or his designee may employ at regional centers security guards who are vested and charged with the powers and the duties of peace officers. They may arrest felons and misdemeanants, eject trespassers, and, without warrant, arrest persons…
S.C. Code § 44-20-300
Motor vehicle liability insurance for employees of department
The Department of Behavioral Health and Developmental Disabilities may acquire motor vehicle liability insurance for employees operating office vehicles or private vehicles in connection with their official office duties to protect against liability.
S.C. Code § 44-20-310
Sale of timber from forest lands; disposition of funds
The Department of Behavioral Health and Developmental Disabilities may sell timber from its forest lands with the proceeds from the sales to be deposited in the general fund of the State. Before a sale, the Department of Administration shall consult with the State Forester to determine the economic feasibility of the s…
S.C. Code § 44-20-320
Acceptance of gifts, etc. by department; policies and regulations
The Department of Behavioral Health and Developmental Disabilities or any of its programs may accept gifts, bequests, devises, grants, and donations of money, real property, and personal property for use in expanding and improving services to persons with intellectual disability, related disabilities, head injuries, an…
S.C. Code § 44-20-330
Granting of easements, permits, or rights-of-way by department
The Department of Behavioral Health and Developmental Disabilities may grant easements, permits, or rights-of-way on terms and conditions it considers to be in the best interest of the State, across, over, or under land held by the department for the construction of water, sewer, drainage, natural gas, telephone, teleg…
S.C. Code § 44-20-340
Records and reports pertaining to client; confidentiality of information; waiver
(A) A person, hospital, or other organization may provide information, interviews, reports, statements, written memoranda, documents, or other data related to the condition and treatment of a client or applicant to the Office of Intellectual and Developmental Disabilities, and no liability for damages or other relief a…
S.C. Code § 44-20-350
Reimbursement to State for its fiscal outlay on behalf of department; charge for services; hearing and review procedures; collection of claims
(A) Reasonable reimbursement to the State for its fiscal outlay on behalf of services rendered by the Office of Intellectual and Developmental Disabilities or any other agency authorized by the Department of Behavioral Health and Developmental Disabilities to offer services to clients is a just obligation of the person…
S.C. Code § 44-20-355
Fee for Intermediate Care Facilities for persons with intellectual disability; proceeds to general fund
The office shall assess and collect a fee on all Intermediate Care Facilities for the persons with intellectual disability, as defined in Section 44-7-130(19). Providers holding licenses on these facilities shall pay to the office a fee equal to eight dollars and fifty cents a patient day in these facilities. The Depar…
S.C. Code § 44-20-360
Midlands Center, Coastal Center, Pee Dee Center, and Whitten Center designated as independent school districts
(A) The physical boundaries of Midlands Center, Coastal Center, Pee Dee Center, and Whitten Center are designated as independent school districts. These facilities may elect to participate in the usual activities of the districts, to receive state and federal aid, and to utilize other benefits enjoyed by independent sc…
S.C. Code § 44-20-365
Closing regional centers to be authorized by law
No regional center of the Office of Intellectual and Developmental Disabilities may be closed except as authorized by the General Assembly by law in an enactment that specifies by name the regional center to be closed.
S.C. Code § 44-20-370
Notification of applicant qualifying for services; county programs; training programs
(A) The Office of Intellectual and Developmental Disabilities shall: (1) notify applicants when they have qualified under the provisions of this chapter; (2) establish standards of operation and service for county disabilities and special needs programs funded in part or in whole by state appropriations to the Departme…
S.C. Code § 44-20-375
County boards of disabilities and special needs; establishment; recognition
(A) Before July 1, 1992, county boards of disabilities and special needs must be created within a county or within a combination of counties by ordinance of the governing bodies of the counties concerned. The ordinance must establish the number, terms, appointment, and removal of board members and provide for their pow…
S.C. Code § 44-20-378
Composition of board; tenure
A county board of disabilities and special needs established pursuant to Section 44-20-375 must consist of not less than five members. If the board is created within a combination of counties, the number of members representing each county must be proportional to the county's population in relation to the total populat…
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