N.Y. Comp. Codes R. & Regs. Tit. 14 §§ 511-2.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 511-2.11 - Individual rights

(a) A child receiving services pursuant to this Part are entitled to the rights as defined in 527.5 regulation. A provider of service shall be responsible for ensuring the protection of these rights.

(1) A child and family has the right to an individualized plan of treatment services and to participate to the fullest extent consistent with the individual's capacity in the establishment and revision of that plan.

(2) A child and family has the right to a full explanation of the services provided in accordance with their treatment or rehabilitation service plan.

(3) Participation in treatment is voluntary and the child is presumed to have the capacity to consent to such treatment. The right to participate voluntarily in and to consent to treatment shall be limited only to the extent that:

(i) Section 33.21 of the Mental Hygiene Law provides for the surrogate consent of a parent or guardian of a minor;

(ii) a child is enrolled in an assisted outpatient treatment program established pursuant to section 9.60 of the Mental Hygiene Law; or

(iii) a child engages in conduct which poses a risk of physical harm to himself or others.

(iv) While a child's full participation in treatment is a central goal, a child or their parent/ guardian's objection to the child's treatment or rehabilitation service plan, or disagreement with any portion thereof, shall not, in and of itself, result in his or her termination from the program unless such objection renders continued participation in the program clinically inappropriate or would endanger the safety of the child or others.

(4) A child shall be assured access to their clinical records consistent with section 33.16 of the Mental Hygiene Law.

(5) A child has the right to receive clinically appropriate care and treatment that is suited to their needs and skillfully, safely and humanely administered with full respect for their dignity and personal integrity.

(6) A child has the right to receive services in such a manner as to assure nondiscrimination.

(7) A child has the right to be treated in a way which acknowledges and respects their cultural environment.

(8) A child has the right to a maximum amount of privacy consistent with the effective delivery of services.

(9) A child has the right to freedom from abuse and mistreatment by staff.

(10) A child has the right to be informed of the provider's recipient grievance policies and procedures, and to initiate any question, complaint or objection accordingly.

(11) A provider of service shall provide a notice of individuals' rights as described in subdivision (a) of this section to each child upon admission to a program. Such notice shall be provided in writing and posted in a conspicuous location easily accessible to the public. The notice shall include the address and telephone number of the Justice Center for the Protection of People with Special Needs, the nearest regional office of the Protection and Advocacy for Mentally Ill Individuals Program, the nearest chapter of the Alliance on Mental Illness of New York State, and the Office of Mental Health.

N.Y. Comp. Codes R. & Regs. Tit. 14 §§ 511-2.11

Adopted New York State Register July 17, 2019/Volume XLI, Issue 29, eff. 7/17/2019