TITLE 66

STATE CHARITABLE INSTITUTIONS

CHAPTER 4

TREATMENT AND CARE OF THE DEVELOPMENTALLY DISABLED

66-412.  Rights in facilities. (1) Every developmentally disabled person admitted to any facility shall be entitled to humane care and treatment.

(2)  A developmentally disabled person shall not be put in isolation. Mechanical restraints shall not be applied unless it is determined to be necessary for the safety of that person or the safety of others. Every use of a mechanical restraint, or time out for therapeutic purposes, and the reasons therefore [therefor], shall be made a part of the permanent record of the person under the signature of the facility head.

(3)  Every developmentally disabled person has the following rights:

(a)  To be free from mental and physical abuse including that which arises from acts of negligence;

(b)  To reside in the environment or setting that is least restrictive of personal liberties in which appropriate treatment can be provided;

(c)  To communicate by sealed mail, telephone, or otherwise with persons inside or outside the facility, to have access to reasonable amounts of letter writing material and postage and to have access to private areas to make telephone calls and receive visitors;

(d)  To receive visitors at all reasonable times and to associate freely with persons of his own choice;

(e)  To wear his own clothes, keep and use his own personal possessions including toilet articles, keep and be allowed to spend a reasonable sum of his own money for personal expenses and small purchases, and have access to individual storage space for his own use;

(f)  To have free access to established procedures to voice grievances and to recommend changes in the policies and/or services being offered at the facility;

(g)  To practice his religion;

(h)  To be informed of his medical and habilitative condition, of services available in the facility and the charges therefor;

(i)  To have reasonable access to all records concerning himself; and

(j)  Unless limited by prior court order, to exercise all civil rights, including the right to dispose of property, except property described in subsection (e) of this section, execute instruments, make purchases, enter into contractual arrangements, and vote.

(4)  Adult and emancipated minor developmentally disabled individuals or a parent or guardian with authority to consent to treatment with respect to the minor child or ward, shall have the right to refuse specific modes of treatment or habilitation. The head of a facility may deny the right to refuse treatment or habilitation only in cases of emergency or when a court has determined that an adult or emancipated minor lacks the capacity to make informed decisions about treatment and there is no guardian with authority to consent to treatment. A statement explaining the reasons for any such denial shall immediately be entered in the individual’s permanent record and in the case of respondents committed under section 66-406, Idaho Code, copies of the statement shall be sent to the committing court, the respondent’s attorney and either the respondent’s spouse, guardian, adult next of kin or friend.

(5)  A list of the rights contained in this section and section 66-413, Idaho Code, shall be prominently posted in all facilities and explained as far as possible to each developmentally disabled individual.

History:

[66-412, added 1982, ch. 59, sec. 7, p. 104.]