New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 511 - Early Periodic Screening, Diagnostic and Treatment Services for Children
Subpart 511-2 - Children's Mental Health Rehabilitation Services Program
Section 511-2.11 - Individual rights
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 511-2.11
Current through Register Vol. 46, No. 39, September 25, 2024
(a) A child receiving services pursuant to this Part are entitled to the rights as defined in 527.5 regulation. A provider of service shall be responsible for ensuring the protection of these rights.
(1) A child
and family has the right to an individualized plan of treatment services and to
participate to the fullest extent consistent with the individual's capacity in
the establishment and revision of that plan.
(2) A child and family has the right to a
full explanation of the services provided in accordance with their treatment or
rehabilitation service plan.
(3)
Participation in treatment is voluntary and the child is presumed to have the
capacity to consent to such treatment. The right to participate voluntarily in
and to consent to treatment shall be limited only to the extent that:
(i) Section 33.21 of
the Mental Hygiene Law provides for the surrogate consent of a parent or
guardian of a minor;
(ii) a child
is enrolled in an assisted outpatient treatment program established pursuant to
section 9.60 of the
Mental Hygiene Law; or
(iii) a
child engages in conduct which poses a risk of physical harm to himself or
others.
(iv) While a child's full
participation in treatment is a central goal, a child or their parent/
guardian's objection to the child's treatment or rehabilitation service plan,
or disagreement with any portion thereof, shall not, in and of itself, result
in his or her termination from the program unless such objection renders
continued participation in the program clinically inappropriate or would
endanger the safety of the child or others.
(4) A child shall be assured access to their
clinical records consistent with section 33.16 of
the Mental Hygiene Law.
(5) A child
has the right to receive clinically appropriate care and treatment that is
suited to their needs and skillfully, safely and humanely administered with
full respect for their dignity and personal integrity.
(6) A child has the right to receive services
in such a manner as to assure nondiscrimination.
(7) A child has the right to be treated in a
way which acknowledges and respects their cultural environment.
(8) A child has the right to a maximum amount
of privacy consistent with the effective delivery of services.
(9) A child has the right to freedom from
abuse and mistreatment by staff.
(10) A child has the right to be informed of
the provider's recipient grievance policies and procedures, and to initiate any
question, complaint or objection accordingly.
(11) A provider of service shall provide a
notice of individuals' rights as described in subdivision (a) of this section
to each child upon admission to a program. Such notice shall be provided in
writing and posted in a conspicuous location easily accessible to the public.
The notice shall include the address and telephone number of the Justice Center
for the Protection of People with Special Needs, the nearest regional office of
the Protection and Advocacy for Mentally Ill Individuals Program, the nearest
chapter of the Alliance on Mental Illness of New York State, and the Office of
Mental Health.
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