N.J. Admin. Code § 10:44B-3.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 10:44B-3.1 - Individual rights

(a) Individuals' civil, human, and legal rights shall not be abridged solely on the basis of their diagnosis or without due process.

1. The exercise of individuals' rights shall not be prohibited or be used as a cause for retribution against the individual.

(b) Licensees shall assure that individuals are permitted to exercise all those rights outlined in the rights document distributed by the Division. Unless otherwise addressed through a person-centered planning process documented in the ISP, individuals shall have the right to:

1. Privacy, dignity, respect, and freedom from coercion;

2. Keep and use their own clothes, money, and personal things, and to have a place to put them so that no one else may use them;

3. Associate with members of the opposite sex;

4. Practice the religion of their choice or choose not to practice any religion;

5. Send and receive mail without it being opened or read by other people and to receive assistance, should they want it, in reading or written correspondence;

6. Make or receive private phone calls at any time;

7. Have a healthy diet;

8. Have visitors of their choice at any time;

9. Request release from a program or transfer to another program;

10. Register and vote in all elections;

11. Share in developing their service plan designed specifically for them and to help decide what kinds of programs would be best for them in that plan;

12. Have their service plan and all records kept private, unless they or their legal guardian give permission for someone else to see them;

13. Regular educational instruction if they are between the ages of three and 21 years old and to participate in learning and recreational activities at any age;

14. Receive guardianship services, if they are an adult who needs them;

15. Be informed of the condition of their health and to be able to contact their doctor;

16. Be free from unnecessary medical tests or treatment;

17. Be free from restraints, restrictive intervention, or from being isolated; and

18. Be free from physical punishment.

(c) The licensee may establish reasonable house rules, which shall not infringe on the rights of the individuals.

1. Individuals shall be permitted to rest in their homes for such periods as may be consistent with their personal needs or preferences, and to rise and retire at times of their choosing.

2. Complete privacy shall be afforded to individuals during visits with their guests.

i. Visiting is to be permitted at times of the individual's choosing.

(d) There shall be no restrictions on the individual's movement or access to any area inside or outside of the home that is commonly used by the licensee and the occupants of the home, other than those areas that are not routinely used by all the members of the household, such as the licensee or family member's personal bedrooms.

1. There shall be no restriction of the individual's access to their bedroom.

(e) Individuals shall have the right to access the community for recreation, education, shopping, competitive integrated employment, and to participate in social, religious, advocacy, or other groups of their choice.

1. The licensee shall provide or make arrangements to facilitate the individual's participation in all such community involvement, scheduled and unscheduled, including providing or obtaining transportation.

2. Licensees shall not impose their religious beliefs on individuals under their care.

3. Licensees shall make arrangements for the individual to celebrate holidays, birthdays, and/or special events of the individual's choice.

4. When the individual's religious beliefs forbid him or her to eat certain food or foods, the licensee shall provide each individual with adequate substitutes for these foods at no additional expense to the individual.

5. The licensee shall provide supervision to the individual, as detailed in the ISP.

(f) There shall be no restrictions on the individual's use of any household appliance or device in any area inside or outside of the home commonly used by the licensee and the occupants of the home, except as necessary for the safety of the individual as determined by the IDT and recorded in the service plan.

(g) Individuals shall have access to a telephone for incoming and outgoing calls whenever they choose, and shall be afforded privacy during these conversations. Assistance shall be provided by the licensee, if requested by the individual.

(h) Individuals shall manage their own money consistent with their ability as determined by the IDT and as documented in the service plan.

(i) Individuals shall have full access to their personal clothing and possessions unless a restriction for behavioral or safety reasons has been approved by the IDT and documented in the service plan.

(j) Individuals shall have full, unrestricted access to food in the home unless otherwise directed in writing by a physician or determined by the IDT and documented in the service plan.

(k) Individuals shall be treated in an age appropriate manner with regard to communication, dress, activities, personal possessions, or any other aspect of daily living, taking into consideration the individual's personal preferences.

(l) The installation and/or operation of cameras for surveillance or monitoring inside the licensed residence without the approval of the licensing agency is prohibited.

N.J. Admin. Code § 10:44B-3.1

Amended by R.1990 d.359, effective 7/16/1990.
See: 22 N.J.R. 756(a), 22 N.J.R. 2164(b).
In (b): added phrase regarding infringement of rights.
Stylistic changes throughout.
Amended by R.2013 d.062, effective 4/15/2013.
See: 44 N.J.R. 2327(a), 45 N.J.R. 896(b).
Section was "Individual right and responsibilities". In the introductory paragraph of (a), substituted "or" for ", nor"; deleted former (b) through ( l); recodified former (m) as (b); rewrote (b); and added new (c) through (k).

Amended by 55 N.J.R. 52(b), effective 1/3/2023