TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-23
Parental Succession – Persons with Developmental Disabilities

SECTION 40.1-23-6


§ 40.1-23-6 Rights and privileges of parental successor.

(a) The parental successor, during the period he or she is actually serving, shall have the right to exercise an active and continuing interest in, and to be informed concerning the health, education, recreation, and general welfare of the person for whom he or she is named parental successor. The parental successor shall be permitted to take the person from the other state authorized facilities, profit, nonprofit, or private facilities on visits, trips, or vacations the same as a parent.

(b) The directors, supervisors, superintendents, operators, or foster parents of such facilities shall inform, advise, and consult with the parental successor, when actually serving, regarding the person for whom the parental successor was named, as though he or she were the natural parent of the person, on all matters pertaining to his or her health, education, recreation, general welfare, and including, but not limited to, matters of medical treatment, surgery, placement, and discharge.

(c) A parental successor shall have the rights and privileges conferred by this section although the person for whom he or she is named parental successor is on placement from any facility operated by the department of mental health, retardation, and hospitals, or other facility and not physically resident therein.

History of Section.
(P.L. 1972, ch. 128, § 1; G.L. 1956, § 23-43.2-6; P.L. 1979, ch. 39, § 1; P.L. 1984, ch. 81, § 19; P.L. 1998, ch. 391, § 6.)