California Code of Regulations › Title 17 - Public Health › Division 2 - Health and Welfare Agency-Department of Developmental Services Regulations › Chapter 1 - General Provisions › Subchapter 5 - Clients' Rights › Article 2 - Rights of Persons with Developmental Disabilities › Section 50510 - Application of this Subchapter

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each person with a developmental disability, as defined
						by this subchapter, is entitled to the same rights, protections, and
						responsibilities as all other persons under the laws and Constitution of the
						State of California, and under the laws and the Constitution of the United
						States. Unless otherwise restricted by law, these rights may be exercised at
						will by any person with a developmental disability. These rights include, but
						are not limited to, the following:
(a)
					 Access Rights.
(1) A right to treatment and
					 habilitation services. Treatment and habilitation services shall foster the
					 developmental potential of the person. Such services shall protect the personal
					 liberty of the individual and shall be provided under conditions which are the
					 least restrictive necessary to achieve the purposes of treatment.
(2) A right to dignity, privacy, and humane
					 care.
(3) A right to participate in
					 an appropriate program of publicly-supported education, regardless of the
					 degree of handicap.
(4) A right to
					 religious freedom and practice, including the right to attend services or to
					 refuse attendance, to participate in worship or not to participate in
					 worship.
(5) A right to prompt and
					 appropriate medical care and treatment.
(6) A right to social interaction and
					 participation in community activities.
(7) A right to physical exercise and
					 recreational opportunities.
(8) A
					 right to be free from harm, including unnecessary physical restraint, or
					 isolation, excessive medication, abuse or neglect. Medication shall not be used
					 as punishment, for convenience of staff, as a substitute for program, or in
					 quantities that interfere with the treatment program.
(9) A right to be free from hazardous
					 procedures.
(10) A right to
					 advocacy services, as provided by law, to protect and assert the civil, legal,
					 and service rights to which any person with a developmental disability is
					 entitled.
(11) A right to be free
					 from discrimination by exclusion from participation in, or denial of the
					 benefits of, any program or activity which receives public funds solely by
					 reason of being a person with a developmental disability.
(12) A right of access to the courts for
					 purposes including, but not limited to the following:
(A) To protect or assert any right to which
					 any person with a developmental disability is entitled;
(B) To question a treatment decision
					 affecting such rights, once the administrative remedies provided by law, if
					 any, have been exhausted;
(C) To
					 inquire into the terms and conditions of placement in any community care or
					 health facility, or state hospital, by way of a writ of habeas corpus,
					 and
(D) To contest a guardianship
					 or conservatorship, its terms, and/or the individual or entity appointed as
					 guardian or conservator.