Oregon Administrative Rules › Chapter 411 - DEPARTMENT OF HUMAN SERVICES, AGING AND PEOPLE WITH DISABILITIES AND DEVELOPMENTAL DISABILITIES › Division 318 - INDIVIDUAL RIGHTS, COMPLAINTS, NOTIFICATION OF PLANNED ACTION, AND CONTESTED CASE HEARINGS FOR DEVELOPMENTAL DISABILITIES SERVICES › Section 411-318-0010 - Individual Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) While
			 receiving developmental disabilities services, an individual has the right to:
(a) Be free from abuse or neglect and to
			 report any incident of abuse or neglect without being subject to retaliation;
(b) Be free from seclusion,
			 unauthorized training or treatment, and personal, chemical, and mechanical
			 restraints, unless an imminent risk of physical harm to the individual or
			 others exists and only for as long as the imminent risk continues;
(c) Be assured that medication is
			 administered only for the clinical needs of the individual as indicated by a
			 health care provider, unless an imminent risk of physical harm to the
			 individual or others exists and only for as long as the imminent risk
			 continues;
(d) Individual choice
			 for an adult to consent to or refuse treatment unless incapable and then an
			 alternative decision maker must be allowed to consent to or refuse treatment
			 for the adult. For a child, the parent or guardian of the child must be allowed
			 to consent to or refuse treatment, except as described in ORS
			 109.610 or limited by court
			 order;
(e) Informed, voluntary,
			 written consent prior to receiving services, except in a medical emergency or
			 as otherwise permitted by law;
(f)
			 Informed, voluntary, written consent prior to participating in any experimental
			 programs;
(g) A humane service
			 environment that affords reasonable privacy and the ability to engage in
			 private communications with people chosen by the individual through personal
			 visits, mail, telephone, or electronic means;
(h) Visit with legal and designated
			 representatives, family members, friends, advocates, legal and medical
			 professionals, and others chosen by the individual, except where prohibited by
			 court order;
(i) Participate
			 regularly in the community and use community resources, including recreation,
			 developmental disabilities services, employment services, school, educational
			 opportunities, and health care resources;
(j) For individuals less than 21 years of
			 age, access to a free and appropriate public education, including a procedure
			 for school attendance or refusal to attend;
(k) Not be required to perform labor, except
			 personal housekeeping duties, without reasonable and lawful compensation;
(l) Manage his or her own money
			 and financial affairs unless the right has been taken away by court order or
			 other legal procedure;
(m) Keep
			 and use personal property and have a reasonable amount of personal storage
			 space;
(n) Food, housing,
			 clothing, medical and health care, supportive services, and training;
(o) Seek a meaningful life by
			 choosing from available services and enjoying the benefits of community
			 involvement and community integration in a manner that is most integrated,
			 considering the preferences and age of the individual;
(p) An individualized written plan for
			 services created through a person-centered planning process, services based
			 upon the plan, and periodic review and reassessment of service needs;
(q) Ongoing participation in the
			 planning of services, including the right to participate in the development and
			 periodic revision of the plan for services, the right to be provided with an
			 explanation of all service considerations in a manner that ensures meaningful
			 individual participation, and the right to invite others chosen by the
			 individual to participate in the plan for services;
(r) Request a change in the plan for services
			 and a reassessment of service needs;
(s) A timely decision upon request for a
			 change in the plan for services and a reassessment of service needs;
(t) Not be involuntarily terminated or
			 transferred from services without prior notice, notification of available
			 sources of necessary continued services, and exercise of a complaint procedure;
(u) Advance written notice of any
			 action that terminates, suspends, reduces, or denies a service or request for
			 service, notification of available sources of necessary continued services, and
			 a hearing to challenge an action that terminates, suspends, reduces, or denies
			 a service or request for service;
(v) Be informed at the start of services and
			 annually thereafter of the rights guaranteed by this rule, the contact
			 information for the protection and advocacy system described in ORS
			 192.517(1), and
			 the procedures for filing complaints, reviews, hearings, or appeals if services
			 have been or are proposed to be terminated, suspended, reduced, or denied;
(w) Be encouraged and assisted in
			 exercising all legal, civil, and human rights;
(x) Exercise all rights set forth in ORS
			 426.385 and
			 427.031 if the individual is
			 committed to the Department;
(y)
			 Be informed of and have the opportunity to assert complaints as described in
			 OAR 411-318-0015 with respect to
			 infringement of the rights described in this rule, including the right to have
			 such complaints considered in a fair, timely, and impartial complaint procedure
			 without any form of retaliation or punishment;
(z) Freedom to exercise all rights described
			 in this rule without any form of reprisal or punishment; and
(aa) Be informed that a family member has
			 contacted the Department to determine the location of the individual, and to be
			 informed of the name and contact information of the family member, if known, as
			 provided under ORS 430.212 and OAR
			 411-320-0090.