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RIGHTS OF PERSONS WITH DEVELOPMENTAL DISABILITIES

RIGHTS OF PERSONS WITH DEVELOPMENTAL DISABILITIES. Each person is entitled to the same rights, protections, and responsibilities as all other persons under the laws and Constitution of the State of California, and under the laws and the Constitution of the United States. Access Rights.

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RIGHTS OF PERSONS WITH DEVELOPMENTAL DISABILITIES

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  1. RIGHTS OF PERSONS WITH DEVELOPMENTAL DISABILITIES Each person is entitled to the same rights, protections, and responsibilities as all other persons under the laws and Constitution of the State of California, and under the laws and the Constitution of the United States.

  2. Access Rights • Each person has a right to treatment and habilitation that shall foster the developmental potential of the person and protect the personal liberty of the individual.

  3. Additional Rights • dignity, privacy, and humane care • appropriate publicly supported education • religious freedom and practice including attending or not attending services • prompt medical care and treatment • social interaction and participation in community activities • physical exercise and recreational opportunities

  4. More Rights • A right to be free from harm, including unnecessary physical restraint, or isolation, excessive medication, abuse or neglect • A right to be free from hazardous procedures • A right to advocacy services

  5. Still More! • A right to be free from discrimination • A right of access to the courts to protect or assert rights, to question treatment decisions, to inquire into the terms of placement, and to contest a guardianship or conservatorship.

  6. Personal Rights • To keep and spend one’s own money • To keep and wear one’s own clothing • To keep and use one’s own personal possessions • To have access to individual storage • To see visitors each day • To have reasonable access to telephones • To mail and receive unopened correspondence

  7. Refusing Intrusive Treatment • Individuals have the right to: • Refuse electroconvulsive therapy • Refuse behavior modification • Refuse psychosurgery

  8. When Can Rights Be Denied? • ONLY WHEN THE EXERCISE OF THE SPECIFIC RIGHT WOULD BE INJURIOUS TO THE INDIVIDUAL, SERIOUSLY INFRINGE ON THE RIGHTS OF OTHERS, OR RESULT IN SERIOUS DAMAGE TO THE FACILITY

  9. Denials Must Always: • Be done in the least restrictive manner possible • Be related to the specific right denied • Be restored when good cause for the denial no longer exists • Be reviewed at least every 30 days

  10. Documentation • Staff Must Record: • date and time of denial • specific right denied • specific rationale for good cause • names of staff involved in denial • signature of professional in charge • reason for any delay in SIR

  11. CRA Responsibilities • Advocates must: • determine if good cause exists for the denial • determine if the denial is done in the least restrictive manner possible • AND ensure that the denial is reviewed at least every 30 days

  12. Quarterly Reports • By the last day of each January, April, July, and October, advocates must report on forms provided by DDS • Reports must include ID number, date of denial, right denied, and date of restoration

  13. Q and A • Review each denial with your supervisor • Review the regulations in their entirety at : • www.calregs.com

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