California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 1 - Department of Mental Health › Chapter 4.5 - Patients' Rights and Related Procedures for Non-Lanterman-Petris-Short Act Patients in Department of Mental Health Facilities › Article 2 - Non-LPS Patients' Rights › Section 884 - Patients' Rights Subject to Denial for Good Cause

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  patient's parent, guardian, or conservator may not waive the rights listed in this
				  Section unless authority to waive these rights is specifically granted by court
				  order. These rights shall only be denied for good cause in accordance with
				  Subsection (b) of this Section.
(b)
				  Non-LPS Patients have the following rights, subject to denial for good cause:
(1) A right to keep and use personal possessions
				  as space permits, except items and materials that are listed as contraband by the
				  facility. Each facility shall make a copy of the contraband listing available on all
				  treatment units and public areas within the facility. Each patient shall receive a
				  copy of the contraband listing upon admission.
(2) A right to have access to individual secured
				  storage space for personal possessions in accordance with the formal policies and
				  procedures of the facility. Title 19, Section
				  314 and Title 22, Sections
				  71543 and
				  73507 require hospitals and licensees to
				  comply with State Fire Marshall regulations.
(3) A right to keep and spend a sum of the
				  patient's own money via the facility monetary replacement system.
(4) A right to personal visits during regularly
				  scheduled visiting days and hours. The right to have visits shall not be denied
				  except as is necessary for reasonable security of the facility and the safety of
				  persons. The length and frequency of visits and the number of persons permitted to
				  visit a patient at the same time may be limited consistent with safety, security,
				  and to ensure that all patients have a fair opportunity to have visitors.
(5) A right to access telephones to make and
				  receive confidential telephone calls, or to have such calls made for them. Telephone
				  hours, frequency and duration of telephone calls, and method of payment may be
				  limited to ensure access by all patients.
(6) A right to have access to letter writing
				  materials and to mail and receive correspondence. Designated facility employees
				  shall open and inspect all incoming and outgoing mail addressed to and from patients
				  for contraband. Confidential mail, as defined in Section
				  881(c), shall not be
				  read. Limitations on size, weight and volume of mail shall be specified by formal
				  facility policy.
(7) A right to receive
				  packages. Designated facility employees shall open and inspect all incoming and
				  outgoing packages addressed to and from patients for contraband. Limitations on the
				  size, weight and volume, and frequency/number of packages allowed shall be specified
				  by formal facility policy.
(8) A right
				  to have access to legal reference material. Limitations on the time, duration,
				  frequency, and method of access shall be specified by formal facility policy to
				  ensure opportunity for access by all patients.
(9) A right to participate in appropriate programs
				  of publicly supported education that are consistent with the patient's treatment
				  plan and with the secure treatment facility environment.
(10) A right to social interaction. The formation
				  of supervised patient leisure time activity groups that promote educational, social,
				  cultural and recreational interests of participating patients shall be permitted,
				  except for activities that pose a threat to safety and security.