POLICY AND PROCEDURE- RIGHTS OF PERSONS RECEIVING
Applicable standard or regulation:
(C.R.S. 25.5-10-218 through 231 and 10 C.C.R. 25-05-10 8.604.2)
No person shall be discriminated against because of race, sexual orientation, color, religion, national origin, handicapping condition, or because he/she has received habilitation or treatment services. All persons receiving services through Angel’s Service LLC have the same legal rights and responsibilities guaranteed to all other individuals under the federal and state constitutions. It is the policy of Angels Service LLC to ensure all persons receiving services have opportunities to exercise their rights and practice self-determination to the fullest extent possible in order to have a dignified existence.
The only exception to rights are if such rights are modified by court order, or denied and the reasons for the denial of rights is reviewed by a Human Rights Committee
Rights of a person receiving services are as follows:
A. Each person will have the right to an individualized plan on an annual basis developed by the interdisciplinary team.
B. Each person will have the right to medical care and treatment. Persons will have access to dental and any appropriate medical professional for care and treatment.
C. Each person will have the right to humane care and treatment. Persons will be free of corporal punishment, mistreatment, exploitation, neglect or abuse, non-approved mechanical or chemical restraint, and/or use of time out. Persons will be afforded humane physical environments.
D. Each person will have the right to religious belief, practice and worship. Opportunities for worship shall not be limited or arranged for purposes of staff or contractor convenience or based on staff or contractor preference No person being served shall be required to perform any act or be subject to any procedure whatsoever which is contrary to his/her religious belief. No person being served shall be coerced into engaging in or refraining from any religious activity, practice or belief.
E. Each person will have the right to communication and visits. Each person being served shall be able to receive and send sealed, unopened correspondence/packages. No such correspondence/package shall be opened, delayed, held or censored by any person. Each person being served shall have access to a telephone, both to make or receive calls in private. Close relatives, guardians and authorized representatives shall be allowed to visit persons being served, without prior notice, but with consideration for roommates, if applicable. Each person being served shall be afforded opportunities for interaction with other persons and the community at large[GK1]
F. Each person has the right to fair employment practices. No person being served shall be required to perform manual labor. A person may voluntarily engage in labor in accordance with stipulations of applicable minimum wage laws. Each person being served may voluntarily engage in labor for which Angels Service LLC would otherwise have to pay an employee if the specific labor or any change in labor is an integral part of such person's Individual Plan and he/she is compensated in accordance with applicable minimum wage laws.
G. Each person has the right to vote. As necessary all persons in services shall received assistance to register to vote, obtain applications for absentee ballots and to obtain absentee ballots to comply with requirements to vote.
H. Each person has the right to records and confidentiality of information pertaining to eligible persons or their families. Angels Service LLC shall also maintain a record of services provided to the individual. This record shall not be a public record.
I. Each person has the right to personal property. Each person has the right to the possession and use of such person’s own clothing and personal effects. If personal effects for any reason are held, such retention shall be recorded in the person’s record with reason for retention. Upon request of individual, money/funds may be held. Upon request, an accounting shall be rendered by the service agency. Upon request individual will be entitled to receive reasonable amounts of money or funds held in trust.
J. Each person has the right to influence policy. Adult persons being served shall be entitled to establish a committee to represent their interests and to attempt to influence the policies of Angels Service LLC
K. Each person has the right to notification. Each person served shall have the right to read or have explained in each persons or family’s native language any rules or regulations adopted by the Department of Institutions and policies and procedures of Angels Service LLC pertaining to such person's activities.
L. Each person has the right to sterilization. Any person over the age of 18 who has given informed consent has the right to be sterilized under these conditions.
- Competency to give informed
consent must be established and freely given prior to the procedure by:
- A psychiatrist, psychologist or physician who does not provide services or supports to the individual.
- A developmental disabilities professional who does not provide services or supports to the individual.
- The professional who conducts the evaluation will consult with the physician who performs the operation.
- An individual may petition with the court to declare competency should they be challenged by the physician or developmental disabilities professional
- Informed Consent must be present to participate in the decision-making process.
- No minor may be sterilized without a court order
- Sterilization conducted shall be legal. No person shall be liable for acting pursuant consent.
Angels Service LLC will ensure that no person receiving services, his/her family members, guardian or authorized representatives may be retaliated against in their receipt of services or supports or otherwise as a result of attempts to advocate on their own behalf.
All staff and contractors of Angels Service LLC shall have training on the rights of persons receiving services and the procedures for safeguarding those rights prior to working alone with any individual in services.
On-going training will be provided on an annual or as needed basis.
SUSPENSION OF RIGHTS
An individual’s right may be suspended only to protect the individual from endangering him/herself, others and property in a manner which will promote the least restriction on the person’s rights.
- Notice must be provided to the appropriate parties.
- Persons Service Plan must include statement of services and supports required and plan for implementation. Until the suspension is no longer needed.
- Review of suspension will occur at the frequency determined by the team but not less than every six months. Review will included:
- Reason for suspension
- Success/failure of programmatic intervention
- Need to continue/modify suspension
- All suspensions will be referred to the Human Rights Committee at the designated CCB.
- Documentation required when a rights suspension is in place.
- Written notice must be sent to the[GK2] following within 24 hours.
- The person receiving services
- The agency administrator
- Human Rights Committee at the designated CCB
- Parent or Guardian as applicable
- Any person specifically requested in the client’s consent to share to receive notification such as these, such as an advocate.
- Documentation must include the following
- Why the suspension was put into place
- When the suspension was put into place
- Who was part of deciding the suspension was put into place
- Plan to reactivate right that was suspended
- Support in place to help clients reactivate their rights
- Input from client (subjective and objective) regarding the rights suspension
1. At the time of admission or at the time any changes are made in the description of rights, the provider will verbally inform the person receiving services, their parent(s), guardian and/or authorized representative of their rights, as well as give a description of how to exercise them. A written summary of rights and description will also be provided.
a) Angels Service LLC shall provide this information in a manner that is easily
understood, verbally, and in writing in the native language of the home, or through other modes of communication as may be necessary to enhance understanding.
b) A review and verbal description of rights will be provided at the annual Service Plan meeting for each person being served.
c) The right to appoint an authorized representative shall be described to the person being served and his/her parent or guardian at each annual SP meeting.
2. Each person receiving services, their parent, guardian and/or authorized representative
will be requested to acknowledge in writing the receipt of this information and any amendments to it. Angels Service LLC will maintain signed documentation that the person being served, parent, guardian and/or authorized representative have received the statement of rights.
3. Angels Service LLC will provide on-going instruction to persons receiving services how to exercise their rights.
7/24/2018 Clarified, removed repeated lines
Published 12/29/2016 by Serena Akinahew
7/31/2018 Added timeline
Nov 2018 Refreshed