New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 511 - Early Periodic Screening, Diagnostic and Treatment Services for Children › Subpart 511-2 - Children's Mental Health Rehabilitation Services Program › Section 511-2.11 - Individual rights

Current through Register Vol. 46, No. 28, July 10, 2024
(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.