New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 44C - STANDARDS FOR COMMUNITY RESIDENCES FOR PERSONS WITH HEAD INJURIES
Subchapter 3 - ADVOCACY AND RIGHTS
Section 10:44C-3.4 - Enumeration of rights
Universal Citation: NJ Admin Code 10:44C-3.4
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The provision of services and support shall demonstrate recognition that persons with head injuries have the same rights as all other citizens.
1. A person's exercise of his or her rights
shall not be prohibited or be used as a cause for retribution against him or
her.
(b) Each person served shall further be afforded the following rights and freedom while living in a community residence for persons with head injuries, unless otherwise determined by a documented person-centered planning process:
1. A safe, clean place to live and a
lifestyle like other New Jersey residents;
2. Privacy, dignity, respect, and freedom
from coercion;
3. Physical exercise
and the opportunity to practice personal health care;
4. Keep and use his or her own clothes, money
and personal things, and to have a place to put them that no one else may
use;
5. Associate with members of
either gender;
6. Practice the
religion of his or her choice, or choose not to practice any
religion;
7. Send and receive mail
without it being opened or read by other people and to have help, if he or she
wants it, in reading or writing letters;
8. Make or receive private telephone calls at
any time;
9. Have a healthy diet
and access to food at any time;
10.
Have a voice in matters that affect him or her;
11. Have visitors of his or her choice at any
time;
12. Competitive integrated
employment or work with pay that is a commensurate wage or otherwise
appropriate for the type for work he or she does and how well he or she does
it;
13. Request release from a
program or transfer to another program;
14. Register and vote in all
elections;
15. Share in developing
his or her "Individual Treatment Plan" (ITP) designed specifically for him or
her and to help decide what kinds of programs would be best for him or her in
that plan;
16. Have his or her ITP
and all records about him or her kept confidential, unless the person or the
person's legal guardian says that someone else may see them;
17. Be free from any restrictions of
appropriate movement or behavior;
18. Receive special therapy services, if they
will help him or her;
19. Receive
guardianship services, if the person served needs them and if the person served
is an adult;
20. Receive regular
medical, dental and nursing care in order to stay in good health and to receive
prompt treatment of any health problem;
21. Be informed of the condition of his or
her health and to be able to contact his or her physician or advanced practice
nurse;
22. Be free from unnecessary
medical tests or treatment;
23. Be
free from isolation or physical restraint unless in an emergency;
24. Be free from physical punishment, abuse,
neglect, and exploitation;
25. Be
permitted to rise and retire at times of their choosing;
26. Be permitted to have a choice in the
selection of their roommate; and
27. Have access to information about and be
able to participate in activities in the greater community, scheduled and
unscheduled.
(c) The licensee shall ensure that staff are familiar with and observe the rights enumerated in (b) above.
1. The licensee
shall assure that a copy of the rights identified at (b) above is available at
each residence licensed under this chapter.
(d) Persons served shall receive training and support in order to understand options, make choices and exercise rights and responsibilities.
1. The exercise of rights
shall not necessarily be limited even when a person served has a guardian or
interested family.
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