115 Mass. Reg. 5.03

Current through Register 1523, June 7, 2024
Section 5.03 - General Principles

To further the Department's goal of promoting the welfare and dignity of all persons with intellectual disability and developmental disabilities, the Department hereby establishes the following principles:

(1) Services and supports are to be designed to provide meaningful assistance to the individual in acquiring and maintaining those physical, mental, and social skills which enable the individual to cope most effectively with the demands of his or her own person and environment.
(2) Residential and day or employment settings are integrated in and support full access of individuals to the greater community, including opportunities to seek employment and work in competitive integrated settings, engage in community life, control personal resources, and receive services in the community, to the same degree of access as other individuals.
(3) Services and supports are to be provided in a manner that promotes:
(a) Human dignity;
(b) Humane and adequate care and treatment;
(c) Self determination and freedom of choice to the individual's fullest capability;
(d) The opportunity to live and receive services or supports in the least restrictive and most typical setting possible;
(e) The opportunity to undergo typical developmental experiences, even though such experiences may entail an element of risk; provided however, that the individual's safety and well-being shall not be unreasonably jeopardized; and
(f) The opportunity to engage in activities and styles of living which encourage and maintain the integration of the individual in the community including:
1. Social interactions in integrated settings typical of the community which maximize the individual's contact with other citizens who live or work in that community;
2. Activities, routines, and patterns of living which are appropriate to the individual's age and the practices of the surrounding community, and which are consistent with his or her interests and capabilities;
3. Communication by staff in a manner appropriate to the individual's age and the practices of the surrounding community;
4. Recreation and leisure time activities appropriate to the individual's age and the practices of the surrounding community and which are consistent with the individual's interests and capabilities;
5. A home with a design which takes into consideration numbers of individuals present, physical comfort, style of decor, opportunities for privacy, external appearance, type of neighborhood where the home is located, and access to the community;
6. Possessions which are appropriate to the individual's age and the practices of the local community and consistent with the individual's interests;
7. Privacy, including the opportunity wherever possible, to be provided clearly defined private living, sleeping and personal care spaces; and
8. Freedom from discomfort, distress, and deprivation which arise from an unresponsive and inhumane environment.

115 CMR 5.03

Amended by Mass Register Issue 1411, eff. 2/21/2020.