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. 6, March 18, 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.

Disclaimer: These regulations may not be the most recent version. New Jersey 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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