Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Basic rights.
A resident has basic rights including, but not limited to, the
rights in this subpart. The license holder must ensure that the rights in items
A to R are protected:
A. right to
reasonable observance of cultural and ethnic practice and religion;
B. right to a reasonable degree of
privacy;
C. right to participate in
development of the resident's treatment and case plan;
D. right to positive and proactive adult
guidance, support, and supervision;
E. right to be free from abuse, neglect,
inhumane treatment, and sexual exploitation;
F. right to adequate medical care;
G. right to nutritious and sufficient meals
and sufficient clothing and housing;
H. right to live in clean, safe
surroundings;
I. right to receive a
public education;
J. right to
reasonable communication and visitation with adults outside the facility, which
may include a parent, extended family members, siblings, a legal guardian, a
caseworker, an attorney, a therapist, a physician, a religious advisor, and a
case manager in accordance with the resident's case plan;
K. right to daily bathing or showering and
reasonable use of materials, including culturally specific appropriate skin
care and hair care products or any special assistance necessary to maintain an
acceptable level of personal hygiene;
L. right of access to protection and advocacy
services, including the appropriate state-appointed ombudsman;
M. right to retain and use a reasonable
amount of personal property;
N.
right to courteous and respectful treatment;
O. if applicable, the rights stated in
Minnesota Statutes, sections
144.651
and
253B.03;
P. right to be free from bias and harassment
regarding race, gender, age, disability, spirituality, and sexual
orientation;
Q. right to be
informed of and to use a grievance procedure; and
R. right to be free from restraint or
seclusion used for a purpose other than to protect the resident from imminent
danger to self or others, except for the use of disciplinary room time as it is
allowed in the correctional facility's discipline plan.
Subp. 2.
License holder duties.
The license holder must provide basic services to residents and
develop operational policies and procedures which correspond to the basic
rights in subpart
1.
Subp. 3.
Basic rights
information.
The license holder must meet the requirements of this
subpart.
A. The license holder must
give the resident a written copy of the resident's basic rights information and
explain to the resident in a language that the resident can understand, if the
resident is incapable of understanding the written basic rights documents,
information about the resident's rights related to the resident's care in the
licensed facility within 24 hours of admission.
B. The license holder must tell the
resident's parent, guardian, or custodian within a reasonable time after
admission to the facility that the information in item A is
available.
C. A copy of the
resident's rights must be posted in an area of the facility where it can be
readily seen by staff and the resident.
D. A copy of the resident's rights must be
posted in the staff work station.
E. The license holder must inform residents
how to contact the appropriate state-appointed ombudsman and give residents the
name, address, and telephone number of the state-appointed ombudsman.