The Twelve of Ohio Inc

The Twelve of Ohio Inc

5101:2-5-35 (A) COA-CR

5122:2-1-02 MH Required Agency Policy

THE TWELVE OF OHIO INC.

Listing of Clients Rights, Children’s Rights

and ClientGrievance Procedures

Policy #: 1002

Purpose: The purpose of this policy is to ensure that clients are made aware of their rights and thatClients and their familiesare made aware of the agency’sprocedures for addressing grievances.

Policy: It is the policy of The Twelve of Ohio Inc. to observe the rights of our clients at all times. The rights of our clients are listed below:

Rights as identified by Mental Health

  • The right to be treated with consideration and respect for personal dignity, autonomy, and privacy,
  • The right to service in a humane setting which is the least restrictive feasible as defined in the treatment plan;
  • The right to be informed of one's own condition, of proposed or current services, treatment or therapies, and of the alternatives;
  • The right to consent to or refuse any service, treatment, or therapy upon full explanation of the expected consequences of such consent or refusal. A parent or legal guardian may consent to or refuse any service, treatment or therapy on behalf of a minor client;
  • The right to a current, written, individualized service plan that addresses one's own mental health, physical health, social and economic needs, and that specifies the provision of appropriate and adequate services, as available, either directly or by referral;
  • The right to active and informed participation in the establishment, periodic review, and reassessment of the service plan;
  • The right to freedom from unnecessary or excessive medication;
  • The right to freedom from unnecessary restraint or seclusion;
  • The right to participate in any appropriate and available agency service, regardless of refusal of one or more other services, treatments, or therapies, or regardless of relapse from earlier treatment in that or another service, unless there is a valid and specific necessity which precludes and/or requires the client's participation in other services. This necessity shall be explained to the client and written in the client's current service plan;
  • The right to be informed of and refuse any unusual or hazardous treatment procedures.
  • The right to be advised of and refuse observation by techniques such as one-way vision mirrors, tape recorders, television, movies, or photographs.
  • The right to have the opportunity to consult with independent treatment specialists or legal counsel, at one's own expense.
  • The right to confidentiality of communications of all personally identifying information within the limitations and requirements for disclosure of various funding and/or certifying sources, state or federal statutes, unless release of information is specifically authorized by the client or parent or legal guardian of a minor client or court-appointed guardian of the person of an adult client in accordance with rule 5122:2-3-11 of the Administrative Code.
  • The right to have access to one's own psychiatric, medical or other treatment records, unless access to particular identified items of information is specifically restricted for that individual client for clear treatment reasons in the client's treatment plan. "Clear treatment reasons" shall be understood to mean only severe emotional damage to the client such that dangerous or self-injurious behavior is an imminent risk. The person restricting the information shall explain to the client and other persons authorized by the client the factual information about the individual client that necessitates the restriction. The restriction must be renewed at least annually to retain validity. Any person authorized by the client has unrestricted access to all information. Clients shall be informed in writing of agency policies and procedures for viewing or obtaining copies of personal records.
  • The right to be informed in advance of the reason(s) for discontinuance of service provision, and to be involved in planning for the consequences of that event;
  • The right to receive an explanation of the reasons for denial of service;
  • The right not to be discriminated against in the provision of service on the basis of religion, race, color, creed, sex, national origin, age, lifestyle, physical or mental handicap, developmental disability, or inability to pay.
  • The right to know the cost of services;
  • The right to be fully informed of all rights;
  • The right to exercise any and all rights without reprisal in any form including continued and uncompromised access to service;
  • The right to file a grievance
  • The right to have oral and written instructions for filing a grievance.

Rights as identified by Department of Job and Family Services

  • Every child has the right to enjoy freedom of thought, conscience, and religion.
  • Every child has the right to reasonable enjoyment of privacy.
  • Every child has the right to have his or her opinions heard and be included, to the greatest extent possible, when any decisions are being made affecting his life.
  • Every child has the right to receive appropriate and reasonable adult guidance, support, and supervision.
  • Every child has the right to be free from physical abuse and inhumane treatment.
  • Every child has the right to be protected from all forms of sexual exploitation.
  • Every child has the right to receive adequate and appropriate medical care.
  • Every child has the right to receive adequate and appropriate food, clothing, and housing.
  • Every child has the right to his own money and personal property in accordance with the child’s service plan.
  • Every child has the right to live in clean, safe surroundings.
  • Every child has the right to participate in an appropriate educational program.
  • Every child has the right to communicate with family, friends and “significant

others” from whom he is living apart, in accordance with the child’s service plan.

  • Every child has the right to be taught to fulfill appropriate responsibilities to himself and to others.

Accountability: The Board of Directors, All Employees and Interns

Procedure: Every child and/or family or anyone receiving mental health services shall receive the Clients Rights pamphlet at the time of placement and/or intake which ever occurs first. During emergency situations the client shall verbally be made aware of the most pertinent rights at the time and given a written copy of the Clients Rights Policy the next day.

Prior to your disclosure of private or confidential information please be aware that there may be times we may be ethically or legally bound to disclose certain information.

Bilingual interpreters and communication technology will be provided to clients for the purpose of understanding their rights.

The Clients Rights Policy shall be posted in all of The Twelve of Ohio Inc. offices in a conspicuous place. The Executive Director, Regional Directors and Adoption Coordinator will ensure all staff including administrative, clerical and support staff are familiar with all specific clients’ rights and the grievance procedure.

Should the client feel his/her rights have been violated they should be given a copy of the Clients Rights Grievance policy to read and upon request orally, and referred to the Clients Rights Officer. The Clients Rights Officer is:

CLIENT'S RIGHTS OFFICER:

ROBERT VASQUEZ

DIRECTOR OF SPECIAL PROJECTS

5330 HEATHERDOWNS #100

TOLEDO, OHIO43614

TELEPHONE: 419-861-2460

FAX: 419-861-3720 Email:

REGULAR OFFICE HOURS 9-5, Monday-Friday

It is the Clients Rights Officer’s responsibility to accept and oversee the process of any grievance filed by a client or other person or agency on behalf of a client.

The Clients Rights Officer is available to assist a grievant with the grievance procedure. The Clients Rights Officer will investigate and monitor all grievances and keep records of all activity regarding grievances. The Clients Rights Officer will represent the griever at the agency hearing on the grievance if desired by the griever.

The Clients Rights Officer shall submit an annual report regarding grievance activity, including numbers, types and resolutions.

The grievance will he heard by an impartial representative of the agency. If the grievance is regarding

a staff member who is identified as having a responsibility in the grievance the grievance should be moved up to the next highest level. A grievance involving the Clients Rights Officer shall be moved up to the Executive Director.

Staff or other children shall not retaliate against the person filing the complaint.

GRIEVANCEPROCEDURE

If Clients and their familiesbecome dissatisfied with the services they are receiving from the agency, or feel that their rights have been violated, they should first discuss this informally with their social worker. All staff will be able to explain any and all aspects of client’s rights and the grievance procedure upon request.

If the problem can not be resolved informally and becomes a grievance then the grievant and agency shall adhere to the following procedure:

  1. Upon receiving notice that a formal grievance will be filed, the Regional Director / Program Director shall notify the Clients Rights Officer of the grievance and give the grievant the name and method of contacting the Client Rights Officer.
  1. The Clients Rights Officer shall contact the grievant and explain thegrievance procedure and offer to assist them in the process. The Clients Rights Officer will monitor all grievances and keep records of all activity regarding grievances. It is the Clients Rights Officer’s responsibility to accept and oversee the process of any grievance filed by a client or other person or agency on behalf of a client.
  1. The grievant must file in writing within 5 working days of being contacted by the Clients Rights Officer.
  1. The Regional Director / Program Director shall investigate the grievance and respond in writing within 5 working days with a decision and any subsequent action.
  1. If the grievant is not satisfied with the decision of the Regional Director / Program Director then the grievant shall,within 2 working days, refer the grienvanceto the Executive Director.
  1. The Executive Director shall hold a hearing within 10 working days.
  1. The Executive Director shall respond in writing within 3 working days of the hearing with a decision and any subsequent action necessary. The decision of the Executive Director is final.

Unless otherwise agreed to by both parties, the grievance procedure shall be completed within 20 working days of initial filing.

A written report of the grievance and its resolution shall be maintained in the appropriate client / foster caregiver / adoptive family file.

The Griever has the option to initiate a complaint with any or all of several outside entities, specifically the community mental health board {Lucas County MH Bd– 701 Adams St, # 800, Toledo OH 43604 419-213-4600, Stark County MH Bd-800 Market Ave. N., Ste. 1150, Canton OH 44702 330-455-

6644. Cuyahoga County MH Bd– 1400 W. 25th St., 3rd floor, Cleveland OH 44113 216-241-3400}, The Ohio Department of Mental Health {30 E. Broad St, 8th Fl, Columbus OH 43215 614-466-2596}, the Ohio Legal Rights Service{50 W. Broad St, Ste. 1400, Columbus OH 43215 614-466-7264}, the U.S. Department of Health and Human Services{200 Independence Ave SW, Washington DC 20201 202-619-0257}, and appropriate professional licensing or regulatory associations {Ohio Counselor & Social Work Board, 50 W. Broad St, Ste 1075, Columbus OH 43215 614-466-0912}.

Approved:October 28, 1999

Revised:August 31, 2007

Revised: October 29, 2008

Revised: December 31, 2008

Revised: March 3, 2009

Revised:January 20, 2010

Revised: May 24, 2010

Revised: June 24, 2010

Board Approved June 29, 2010

Board Effective Date: June 29, 2010

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