| 6400.34(a) | "Individual #1 was informed and explained individual rights on 1/4/21. The rights document did not include the following rights: 6400.31(c), individual may not be reprimanded, punished; 6400.31(d), court's written order shall be followed; 6400.31(e), court-appointed legal guardian may exercise rights and make decisions; 6400.31(f), court-appointed legal guardian shall be involved in decision-making; 6400.31(g), the right to designate persons to assist in decision-making; 6400.32(a), individual may not be discriminated against; 6400.32(b), the right speak freely; 6400.32(d), individual shall be treated with dignity and respect; 6400.32(e), the right to make choices and accept risks; 6400.32(f), the right to refuse to participate in activities and services; 6400.32(g),the right to control his own schedule and activities; 6400.32(h), right to privacy of person and possessions; 6400.32(i),the right of access to and security of the individual's possessions; 6400.32(j), the right to voice concerns about the services; 6400.32(n), the right to unrestricted and private access to telecommunications; 6400.32(p), the right to choose persons with whom to share a bedroom; 6400.32(q), the right to furnish and decorate the individual's bedroom and common areas of the home; 6400.32(r), the right to lock the individual's bedroom door; 6400.32(r)(1-5), relating to locking mechanisms; 6400.32(s), the right to have a key, access card, keypad code, mechanism for the entrance door to the home; 6400.32(s)(1-3) relating to locking mechanisms for home's entrance door; 6400.32(t), the right to access food at any time; 6400.32(u), the right to make health care decisions; 6400.32(v), the right may only be modified in accordance with § 6400.185 | The home shall inform and explain individual rights and the process to report a rights violation to the individual, and persons designated by the individual, upon admission to the home and annually thereafter. | The individuals in the homes cited, and all homes at ACI have been read and given a copy of the corrected rights. Program Specialist reviews the rights with each individual and signs off on the rights. All other copies of ¿The Rights¿ have been removed from the computers in the residential homes. Following are the rights as read to all the individuals in the homes:
THIS INDIVIDUAL RIGHTS STATEMENT IS INTENDED TO PROVIDE THE INDIVIDUAL AND THE FAMILY AN OUTLINE TO ENSURE THAT THE INDIVIDUAL RIGHTS AND RESPONSIBILITIES ARE RESTRICTED AND ENCOURAGED
¿ I will not be deprived of rights as provided under § 6400.32 (relating to rights of the individual).
¿ The home shall educate, assist and provide the accommodation necessary for me to make choices and understand my rights.
¿ I may not be reprimanded, punished or retaliated against for exercising my rights.
¿ A court¿s written order that restricts my rights shall be followed.
¿ A court-appointed legal guardian may exercise rights and make decisions on behalf of an me in accordance with the conditions of guardianship as specified in the court order.
¿ A court-appointed legal guardian, or who has a court order restricting my rights, shall be involved in decision-making in accordance with the court order.
¿ I have the right to designate persons to assist in decision-making and exercising rights on behalf of the me.
¿ I will not be discriminated against because of race, color, creed, disability, religious affiliation, ancestry, gender, gender identity, sexual orientation, national origin or age.
¿ I have the right to civil and legal rights afforded by law, including the right to vote, speak freely, practice the religion of my choice and practice no religion.
¿ I may not be abused, neglected, mistreated, exploited, abandoned or subjected to corporal punishment.
¿ I shall be treated with dignity and respect.
¿ I have the right to make choices and accept risks.
¿ I have the right to refuse to participate in activities and services.
¿ I have the right to control my own schedule and activities.
¿ I have the right to privacy of person and possessions.
¿ I have the right of access to and security of my possessions.
¿ I have the right to voice concerns about the services I receive.
¿ I have the right to participate in the development and implementation of my individual plan.
¿ I have the right to receive scheduled and unscheduled visitors, and to communicate and meet privately with whom I choose, at any time.
¿ I have the right to unrestricted access to send and receive mail and other forms of communications, unopened and unread by others, including the right to share contact information with whom I choose.
¿ I have the right to unrestricted and private access to telecommunications.
¿ I have the right to manage and access my finances
¿ I have the right to choose persons with whom to share a bedroom.
¿ I have the right to furnish and decorate my bedroom and the common areas of my home in accordance with § 6400.33 (relating to negotiation of choices).
¿ I have the right to lock my bedroom door.
o Locking may be provided by a key, access card, keypad code or other entry mechanism accessible to me to permit me to lock and unlock the door.
o Access to my bedroom shall be provided only in a life-safety emergency or with the express permission by me for each incidence of access.
o Assistive technology shall be provided as needed to allow me to lock and unlock the door without assistance.
o The locking mechanism shall allow easy and immediate access by me and staff person in the event of an emergency.
o Direct service workers who provide services to me shall have the key or entry device to lock and unlock the door.
¿ I have the right to have a key, access card, keypad code or other entry mechanism to lock and unlock an entrance door of the home.
o Assistive technology shall be provided as needed to allow me to lock and unlock the door without assistance.
o The locking mechanism shall allow easy and immediate access by me and staff person in the event of an emergency.
o Direct service workers who provide services to me shall have the key or entry device to lock and unlock the door.
¿ I have the right to access food at any time.
¿ I have the right to make health care decisions.
¿ My rights may only be modified in accordance with § 6400.185 (relating to content of the individual plan) to the extent necessary to mitigate a significant health and safety risk to the individual or others.
I CERTIFY THAT I HAVE READ OR HAD THE ABOVE STATEMENTS READ TO ME |
11/22/2021
| Implemented |