105 CMR, § 164.407

Current through Register 1538, January 3, 2025
Section 164.407 - Resident Personal Effects and Affairs
(A)Written Policy and Procedure. The Licensed or Approved Provider shall establish a written policy and procedure governing the care of resident personal belongings and support of resident personal affairs.
(B)Safekeeping. The Licensed or Approved Provider may allow residents to bring monies and valuables into the program, if the Licensed or Approved Provider provides for the secure, locked safekeeping of the personal property.
(C)Right to Confiscate. All residents shall be notified that by accepting admission they authorize the Licensed or Approved Provider to:
(1) confiscate and dispose of any alcohol or drugs (other than those properly provided by prescription) or paraphernalia for the use of illegal drugs found in the possession of the resident; and
(2) confiscate any weapons or other articles found in the possession of the resident, which may constitute a threat to the life, health, safety, or well-being of the resident, the staff or public, and to turn over any guns to the police.

The Licensed or Approved Provider shall establish a record of any items confiscated or turned over to the police.

(D) The licensee shall establish written policy and procedures governing residents' use of telephones, pagers, cell phones or other communication devices, and sending and receiving mail. The licensee may not hold mail or restrict the sending of mail. The licensee may not open residents' mail, but may require that residents open letters or packages in the presence of staff. Alcohol, drugs or weapons shall be confiscated.

105 CMR, § 164.407

Amended by Mass Register Issue 1482, eff. 11/11/2022.