Title 25 Institutions of the State

25-5-132. No determination of incompetency; notification

of rights; deniable rights and conditions therefor; undeniable rights. (a) The determination that a person is eligible for admission to the center is not a determination or adjudication that the person is incompetent. (b) Upon admission to the center for residential services, a client shall be informed orally and in writing of his rights under this section. If the client is a minor, or ward, his parents, guardian or guardian ad litem shall be informed orally and in writing of his rights under this section. (c) The following rights of a client may be denied or limited only as a part of his individual program plan for purposes of safety and health. The client or if the client is a minor or ward, his parents, guardian or guardian ad litem shall be informed in writing and orally of the grounds for the denial or limitation. The grounds for denial or limitation shall be entered in the individual program plan: (i) The right to send and receive unopened mail; (ii) The right to choose and wear his own clothing; (iii) The right to keep and use his own personal possessions including his toilet articles; (iv) The right to keep and spend his own money; (v) The right to be free from physical restraints and chemical restraints that substitute for active treatment or behavior modification programs, except in emergency situations as necessary to protect the client or others; (vi) The right to privacy in matters such as toileting and bathing; (vii) The right to make and receive telephone calls; (viii) The right to receive visitors daily; (ix) The right to an appropriate personal space that provides privacy and personal safety; (x) The right to be free from abuse; (xi) The right to vote; (xii) The right to choose where and with whom to live; (xiii) The right to present grievances and complaints or to request changes in policies and services without restraint, interference, coercion, discrimination or reprisal; (xiv) The right to participate or refuse to participate in religious worship; (xv) The right to the least restrictive environment. (d) A client may not be denied the following rights unless the denial is authorized by a court, the client or, if the client is a minor or ward, his parent or guardian: (i) The right to be free from unnecessary or excessive medication; (ii) The right to refuse to be subjected to experimental medical or psychological research without the express and informed consent of the client or his parent or guardian if he is a minor or ward. The client or his parent or guardian may consult with independent medical or psychological specialists and his attorney before consenting or refusing; (iii) The right to refuse to be subjected to drastic treatment procedures without the express and informed consent of the client and his parent or guardian if he is a minor or ward. (iv) Repealed By Laws 2008, Ch. 85, § 2. (v) Repealed By Laws 2008, Ch. 85, § 2.