New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 491 - Shelters For Adults › Section 491.12 - Resident rights and obligations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
		    The operator of a shelter for adults, a small-capacity shelter, or a shelter
		    for adult families shall adopt resident rules governing day-to-day life and
		    activities in the facility and post these rules in a location accessible to
		    residents of the facility and visitors.
(b) Upon admission to a shelter for adults, a
		    small-capacity shelter or a shelter for adult families, each resident must be
		    provided with a copy of the facility rules setting forth their rights and
		    responsibilities while residing in the facility, and must be advised in writing
		    of the consequences of failing to comply with the rules of the facility
		    including discharge, and in certain circumstances discontinuance of temporary
		    housing assistance.
(c)
Resident rights.
At a minimum, the operator shall afford each resident the
			 following rights, which will be set forth in the resident rules:
(1) a resident shall have the right to remain
		    in the facility and not to be discharged except as provided in this
		    Part;
(2) a resident shall have the
		    right to leave and return to the facility and grounds at reasonable hours in
		    accordance with the rules of the facility;
(3) a resident's civil rights shall not be
		    infringed;
(4) a resident's
		    religious liberties shall not be infringed;
(5) a resident shall have the right to have
		    private written and verbal communications including the right to meet with
		    legal representatives, legal counsel, medical providers, social workers, and
		    any other service providers or persons authorized by the social services
		    district. Any requirements as to prior notice and hours of access shall be set
		    forth in the resident rules;
(6) a
		    resident shall have the right to receive and send mail or any other
		    correspondence without interception or interference, except that incoming mail
		    may be scanned and x-rayed to ensure that it does not contain contraband that
		    could pose a threat to the security of the facility or to the health and safety
		    of residents or staff;
(7) a
		    resident shall have the right to join with other residents or individuals to
		    work for improvements in resident care;
(8) a resident shall have the right to
		    present grievances on one's own behalf, or on behalf of other residents, to the
		    operator or operator's designee, to the social services district, and/or the
		    office, without fear of reprisal;
(9) a resident shall have the right to manage
		    one's own financial affairs;
(10) a
		    resident shall have the right to confidential treatment of personal, social,
		    financial and medical records;
(11)
		    a resident shall have the right to receive courteous, fair and respectful care
		    and treatment;
(12) a resident
		    shall have the right to be free from restraint or confinement and shall not be
		    locked in a room at any time;
(13)
		    a resident shall have the right to privacy in caring for personal
		    needs;
(14) a resident shall have
		    the right to have their version of the events leading to an accident or
		    incident in which he/she is involved included on all accident or incident
		    reports;
(15) a resident shall not
		    be obliged to perform work by coercion or threat;
(16) a resident shall not be permitted, or
		    obliged, to provide any operator or agent of the operator any gratuity in any
		    form for services provided or arranged for in accord with law or
		    regulation;
(17) a resident shall
		    have the right to receive visitors in designated areas of the facility, where
		    feasible, during reasonable hours as specified in the resident rules;
		    and
(18) a resident shall have the
		    right to request that a shelter operator or social services district make
		    reasonable accommodations for any physical or mental disability that
		    substantially limits one or more major life activities.