Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 175 - MENTAL HEALTH AND SUBSTANCE ABUSE SYSTEMS
Subchapter 4 - RIGHTS OF CONSUMERS OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES
Section 11-175-35 - Right of access to personal funds and valuables
Universal Citation: HI Admin Rules 11-175-35
Current through February, 2024
(a) Psychiatric facilities and residential treatment facilities shall establish policies and procedures about the consumer's right of access to personal funds and valuables. Such policies and procedures shall include mechanisms for:
(1)
Informing consumers about their responsibility for the safekeeping of their own
money personal effects, and other valuables which are not placed in locked
storage or turned over to staff for safekeeping, and documenting in the
clinical record that the consumer was informed:
(2) Providing the consumers with a complete
and detailed list of belongings the consumer turns over to the facility for
safekeeping;
(3) Petitioning the
court for a guardian prior to denial of access to money, if denial appears to
be essential to prevent unreasonable and significant dissipation of assets. Use
of discretionary spending money or a regular allowance received by consumers
shall not be considered a dissipation of assets.
(b) Psychiatric facilities and residential treatment facilities which provide long-term care or treatment shall establish additional policies and procedures about:
(1)
Methods for consumers to deposit money in a financial institution or a safe
provided for that purpose and access to their money at least weekly. When
monies are kept or deposited for consumers, a written accounting of all
financial transactions made on behalf of the consumer shall be provided to the
consumer or the consumer's legal guardian at least quarterly;
(2) Voluntary access to locked storage space
for each consumer or a procedure for consumers to give money and other
valuables to staff for safekeeping;
(3) Assistance or counseling of consumers in
budgeting spending money. Informed consent shall be obtained from the consumer
or the consumer's legal representative or legal guardian to permit the facility
to hold and periodically provide a consumer's money to the consumer.
Disclaimer: These regulations may not be the most recent version. Hawaii may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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