New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 44B - MANUAL OF STANDARDS FOR COMMUNITY CARE RESIDENCES
Subchapter 3 - CARE OF THE INDIVIDUAL
Section 10:44B-3.1 - Individual rights
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Individuals' civil, human, and legal rights shall not be abridged solely on the basis of their diagnosis or without due process.
(b) Licensees shall assure that individuals are permitted to exercise all those rights outlined in the rights document distributed by the Division. Unless otherwise addressed through a person-centered planning process documented in the ISP, individuals shall have the right to:
(c) The licensee may establish reasonable house rules, which shall not infringe on the rights of the individuals.
(d) There shall be no restrictions on the individual's movement or access to any area inside or outside of the home that is commonly used by the licensee and the occupants of the home, other than those areas that are not routinely used by all the members of the household, such as the licensee or family member's personal bedrooms.
(e) Individuals shall have the right to access the community for recreation, education, shopping, competitive integrated employment, and to participate in social, religious, advocacy, or other groups of their choice.
(f) There shall be no restrictions on the individual's use of any household appliance or device in any area inside or outside of the home commonly used by the licensee and the occupants of the home, except as necessary for the safety of the individual as determined by the IDT and recorded in the service plan.
(g) Individuals shall have access to a telephone for incoming and outgoing calls whenever they choose, and shall be afforded privacy during these conversations. Assistance shall be provided by the licensee, if requested by the individual.
(h) Individuals shall manage their own money consistent with their ability as determined by the IDT and as documented in the service plan.
(i) Individuals shall have full access to their personal clothing and possessions unless a restriction for behavioral or safety reasons has been approved by the IDT and documented in the service plan.
(j) Individuals shall have full, unrestricted access to food in the home unless otherwise directed in writing by a physician or determined by the IDT and documented in the service plan.
(k) Individuals shall be treated in an age appropriate manner with regard to communication, dress, activities, personal possessions, or any other aspect of daily living, taking into consideration the individual's personal preferences.
(l) The installation and/or operation of cameras for surveillance or monitoring inside the licensed residence without the approval of the licensing agency is prohibited.