N.J. Admin. Code § 10:47-5.1

Current through Register Vol. 56, No. 21, November 4, 2024

Section 10:47-5.1 - General provisions

(a) The facility shall have a written statement of policies and procedures that protects the civil and legal rights of all individuals in accordance with 30:6D-4.

1. The facility shall ensure that each person admitted is fully informed of their rights and responsibilities and is advised of all rules and regulations governing their conduct while at the facility.

i. Information shall be provided prior to, or at the time of, admission or, in the case of a person already in the facility, upon adoption or amendment to existing rights policies, and receipt of such information shall be acknowledged by the individual and/or guardian in writing.

2. The facility shall inform each individual, parent or legal guardian, of the medical condition, developmental and behavioral status, attendant risks of treatment, and the right to refuse treatment.

3. The facility shall promote participation of parents and/or legal guardians in the process of developing and implementing the IHP.

(b) The facility shall assure the civil and legal rights of all individuals with developmental disabilities in accordance with N.J.S.A. 30:6D. These rights shall include, but are not limited to:

1. The opportunity to register and vote at elections;

2. The opportunity to exercise religious freedom;

i. Religious services and instruction shall be arranged consistent with the individuals interests.

ii. Licensees and/or staff shall not impose their religious beliefs on individuals under their care.

3. The opportunity to receive and send unopened correspondence and, upon request, to obtain assistance in the writing and reading of such correspondence;

4. The opportunity for private visitations and private telephone conversations with interested parties, without prior notice to the facility, during such reasonable hours as may be established by the facility;

5. Reasonable opportunities for interaction with members of the opposite sex;

6. The confidential handling of personal and medical problems;

7. A reasonable schedule concerning the hours the individuals shall rise and retire according to their developmental level; and

8. An active social and therapeutic recreation program consistent with the individuals interests and capabilities.

(c) In addition to the rights specified in (b) above, the facility shall allow and encourage individuals to exercise their rights as citizens of the United States, including the right to file complaints, and the right to due process.

(d) The facility shall not compel individuals to perform services for the facility. The facility shall compensate individuals who are working for the facility at prevailing wages, commensurate with their abilities.

N.J. Admin. Code § 10:47-5.1