Wisconsin Administrative Code › Department of Health Services › DHS 30-100 - Community Services › Chapter DHS 88 - Licensed Adult Family Homes › Section DHS 88.10 - Resident rights

Current through June 24, 2024
(1) LEGAL RIGHTS. A licensee shall comply
				with all applicable statutes and rules relating to resident rights, including
				s.
				51.61, Stats.,
				chs. 54, 55, and 304, Stats., and chs.
				DHS 92 and 94.
Note:
These laws may clarify or condition a
				  particular resident's right, depending on the legal status of the resident or a
				  service being received by the resident.
(2) EXPLANATION OF RESIDENT RIGHTS. The
				licensee shall explain and provide copies of the resident rights under sub. (3)
				and the grievance procedure under sub. (5) to the person being admitted, that
				person's guardian, family members involved in the placement and any designated
				representative of the person before the service agreement is signed.
(3) RIGHTS OF RESIDENTS. Individuals, except
				for correctional residents, have basic rights which they do not lose when they
				enter an adult family home. A resident shall have all of the following rights:
(a)
Fair treatment.
To be
				treated with courtesy, respect and full recognition of the resident's dignity
				and individuality.
(b)
Privacy.
To have physical and emotional privacy in treatment,
				living arrangements and in caring for personal needs, including toileting,
				bathing and dressing. The resident, resident's room, any other area in which
				the resident has a reasonable expectation of privacy, and the personal
				belongings of a resident shall not be searched without the resident's
				permission or permission of the resident's guardian except when there is a
				reasonable cause to believe that the resident possesses contraband. The
				resident shall be present for the search.
(c)
Confidentiality.
To have
				his or her records kept confidential as described in s.
				DHS
				88.09(1) (b).
(d)
Presumption of
				competency.
To be treated as mentally competent unless there has been
				a court determination of incompetency under ch. 54, Stats. A resident who has
				been adjudicated incompetent has a right to have his or her guardian fully
				informed and involved in all aspects of his or her relationship to the adult
				family home. A resident who has been adjudicated incompetent shall be allowed
				decision-making participation to the extent that the resident is capable of
				participating.
(e)
Self-direction.
To have opportunities to make decisions
				relating to care, activities and other aspects of life in the adult family
				home. No curfew, rule or other restrictions on a resident's freedom of choice
				shall be imposed unless specifically identified in the home's program statement
				or the resident's individual service plan. An adult family home shall help any
				resident who expresses a preference for more independent living to contact any
				agency needed to arrange for it.
(f)
Financial affairs.
To
				manage his or her own financial affairs, including any personal allowances
				under federal or state programs, unless the resident delegates, in writing,
				responsibility for financial management to the licensee or someone else of the
				resident's choosing or the resident is adjudicated incompetent in which case
				the guardian or guardian's designee is responsible.
(g)
Clothing and
				possessions.
To retain and use personal clothing and effects and to
				retain, as space permits, other personal possessions in a reasonably secure
				manner.
(h)
Social activity
				choice.
To meet with and participate in social and community
				activities at the resident's own discretion.
(i)
Choice of providers.
To
				exercise complete choice of providers of physical health care, mental health
				care and pharmaceutical services.
(j)
Treatment choice.
To
				receive all treatments prescribed by the resident's physician and to refuse any
				form of treatment unless the treatment has been ordered by a court. The written
				informed consent of the resident or resident's guardian is required for any
				treatment administered by the adult family home.
(k)
Religion.
To participate
				in religious activities of the resident's choice. No resident may be required
				to engage in any religious activity.
(l)
Safe physical
				environment.
To a safe environment in which to live. The adult family
				home shall safeguard residents who cannot fully guard themselves from
				environmental hazards to which they are likely to be exposed, including
				conditions which would be hazardous to anyone and conditions which would be or
				are hazardous to a particular resident because of the resident's condition or
				disability.
(m)
Freedom
				from abuse.
To be free from physical, sexual or mental abuse, neglect,
				and financial exploitation or misappropriation of property.
(n)
Freedom from seclusion and
				restraints.
1. Except as provided in
				subd. 2., to be free from seclusion and from all physical and chemical
				restraints, including the use of an as-necessary (PRN) order for controlling
				acute, episodic behavior.
2.
				Physical restraints may be used in an emergency when necessary to protect the
				resident or another person from injury or to prevent physical harm to the
				resident or another person resulting from the destruction of property, provided
				that law enforcement or other emergency assistance be summoned as soon as
				possible and the incident is reported to the licensing agency by the next
				business day with documentation of what happened, the actions taken by the
				adult family home and the outcomes.
(o)
Labor.
To not be
				required by the licensee to perform labor which is of any financial benefit to
				the licensee.
(p)
Prompt
				and adequate treatment.
To receive prompt and adequate treatment and
				services appropriate to the resident's needs.
(q)
Medication.
To receive
				all prescribed medications in the dosage and at the intervals prescribed by the
				resident's physician, and to refuse medication unless there has been a court
				order under s.
				51.61(1)
				(g), Stats., with a court finding of
				incompetency.
(r)
Mail.
To receive and send sealed, unopened mail, including
				packages. The licensee shall give mail to residents on the day it is received
				or as soon as possible thereafter, unless the licensee has reasonable cause to
				believe that the mail being sent or received contains contraband, in which case
				a resident's mail may be opened by the licensee but only in the presence of the
				resident.
(s)
Telephone
				calls.
To make and receive a reasonable number of telephone calls of
				reasonable duration and in privacy.
(t)
Visits.
To have private
				visitors and have adequate time and private space for visits.
(u)
Service charges.
To be
				fully informed in writing before or at the time of admission of all services
				and charges for the services. Throughout the time a person is a resident of the
				adult family home, he or she shall be fully informed in writing of any changes
				in services and related charges at least 30 days before those changes take
				effect.