/ STATEMENTS OF RIGHTS AND RESPONSIBILITIES

Principles of Rights and Responsibilities

  1. No individual shall be deprived of any civil or legal right solely because of a diagnosis of developmental disability.
  2. All persons shall be given the respect and dignity that is extended to others regardless of race, religion, national origin, creed, age, gender, ethnic background, sexual orientation, developmental disability or health conditions such as one tested for or diagnosed as having an HIV infection. In addition there shall be no discrimination for these or any other reason.
  3. The rights in this statement are intended to establish a program environment that protects individuals and contributes to providing an environment in keeping with the community at large. Rights that are self-initiated or involved issues of privacy may be adapted to meet the person’s needs. No rights will be arbitrarily denied.
  4. Implementation of many of these rights entails inherent risks to anyone. To the extent reasonable, foreseeable and appropriate, under the circumstances, those risks shall be described to each person and/or their parents, guardians, or advocates. However, persons receiving services assume responsibility for those risks typically associated with participation in normal activities, to the extent that their abilities permit such participation.

As a person receiving services from Community Services you are entitled to the following:

  1. Human and Civil Rights

Community Services will guarantee and respect the rights and privileges of all people in the full spirit and intent that they are expressed in the Constitution and Bill of Rights of the United States and Part 633 of Title of the New York State Codes, Rules and Regulations.

  1. Rights Protected by Community Services

A person shall not be denied:

  1. A safe and sanitary program environment.
  2. Freedom from physical or psychological abuse.
  3. Freedom from corporal punishment.
  4. Freedom from use of mechanical restraining devices.
  5. Freedom form unnecessary or excessive medication.
  6. Protection from commercial or other exploitation.
  7. Confidentiality with regard to all information contained in clinical records, and access to that information, subject to the provisions of Article 33 of the Mental Hygiene Law and the Commissioner’s Regulations. No information from any clinical record will be released without prior written consent. In no case will information be released except for professional use.
  8. A written person-centered,individualized plan of services which has as its goal the maximization of your abilities to cope with your environment, fosters social competency, which includes meaningful programs and contact with non-disabled persons, and which enables you to live as independently as possible. These rights also include:
  1. Participation in a Person-Centered Planning Process that involves your circle of support, so they can assist you with learning about what personal goals are important to you, and with any decision-making as needed.
  2. The opportunity to participate in the development and modification of your plan unless constrained by your ability to do so.
  3. The opportunity to object to any provision within a Plan and the opportunity to appeal any decision with which you disagree, made in relation to your objection to the plan; and,
  4. The provision for meaningful and productive activities within your capacity although some risk may be involved, and which takes into account your interests.
  1. Services, including assistance and guidance, from staff who are trained to administer services adequately, skillfully, safely and humanely, with full respect for your dignity and personal integrity.
  2. Appropriate and humane health care and the opportunity, to the extent possible, to have input either personally or through parent(s), or guardian(s), or advocate(s) to participate in the choice of a physician and dentist; or the opportunity to obtain a second medical opinion.
  3. Access to clinically sound instructions on the topic of sexuality and family planning services and information about the existence of these services, including access to medication or devices to regulate conception, when clinically indicted. This right includes:
  1. Freedom to express sexuality as limited by one’s consensual ability to do so provided these expressions do not infringe on the rights of others.
  2. The right to make decisions regarding conception and pregnancy according to State and Federal law.
  3. At Community Services we care about your well-being and are required to safeguard individuals, therefore, at times, decisions made towards intimacy may require us to take certain actions that would set boundaries, in coordination with an individualized assessment and plan.
  4. Observance and participation in the religion of your choice, through the means of your choice, including the right of choice not to participate.
  5. The opportunity to register and vote and the opportunity to participate in activities that educate him or her in civic responsibilities.
  6. Freedom from discrimination, abuse or any adverse action based on his or her status as one who is the subject of an HIV-related test or who has been diagnosed as having HIV infection, AIDS, or HIV-related illness.
  7. Respect for your cultural identity.
  8. Appropriate and reasonable support in meeting communication needs of non-English speaking persons seeking or receiving services.
  9. The receipt of information prior to admission, regarding the supplies and services that Community Services will provide or for which additional charges will be made and timely notification of any changes thereafter. Individuals will not be deprived of participating in program services due to their lack of financial resources.
  10. The access and use of your personal money and property, including regular notice of your financial status and the provision of assistance in the use of your resources, as appropriate.
  11. A balanced and nutritious diet, served at appropriate times and in as normal a manner as possible, and which is not altered or denied for disciplinary or punishment purposes, for the convenience of staff, or for behavior modification.
  12. Individually owned clothing which fits properly, is maintained properly, and is appropriate for age, season, and activity; and the opportunity to be involved in the selection of clothing.
  13. Adequate, individually owned grooming and personal hygiene supplies.
  14. A reasonable degree of personal privacy, including sleeping arrangements,bathing, and toileting areas.
  15. A reasonable amount of safe, individual, accessible storage space for clothing and other personal belongings used on a day-to-day basis.
  16. The opportunity to request an alternative residential setting whether a new residence or change of room, and involvement in the decisions regarding those changes.
  17. The opportunity, either personally or through parent(s), guardian(s), or advocate(s), to express without fear of reprisal, grievances, concerns, and suggestions to the Executive Director of Community Services (716) 883-8888,Developmental Disabilities Regional Office (DDRO) or the New York State Justice Center.

Director – DDRONYS Justice Center for the Protection of People with Special Needs

1200 East and West Road161 Delaware Avenue

West Seneca, NY 14224 (716) 517-2000 Delmar, New York 12054-1310(518) 549-0200

  1. The opportunity to receive visitors at reasonable times; to have privacy when visited, provided those visits avoid infringement on the rights of others; and to communicate freely with anyone within or outside Community Services.
  2. The opportunity to make or have made on his or her behalf an informed decision regarding cardiopulmonary resuscitation, in accordance with the provisions of article 29-B of the Public Health Law, and any other applicable law or regulation.
  3. The opportunity, if the person is residing in an OPWDD operated or certified facility, to create a health care proxy.
  4. The right to terminate your services with or without prior notice. However, anyone considering self-termination is encouraged to discuss their feelings with Community Services.

I have read (or have been told of) the above and understand and agree to the Rights and Responsibilities stated above. I reserve the right to object to the application, adaptation or denial of any of the rights stated above. I have also received a copy of Community Services’ procedure to object to care and treatment.

______

NameDate

______

Advocate, Parent or GuardianDate

______

Witness (Name and Title)Date

I have read (or have been told of) the above and understand and agree to the Rights and Responsibilities stated above. As a capable adult, I object to notifying my parents or guardian of these Rights and Responsibilities. I reserve the right to object to the application, adaptation or denial of any of the rights stated above. I have also received a copy of Community Services’ procedure to object to care and treatment.

______

NameDate

______

Witness (Name and Title)Date

R & R 7/16