Pennsylvania Code
Title 55 - HUMAN SERVICES
Part VIII - Intellectual Disability and Autism Manual
Subpart E - Residential Agencies/Facilities/Services
Article I - Licensing/Approval
Chapter 6400 - COMMUNITY HOMES FOR INDIVIDUALS WITH AN INTELLECTUAL DISABILITY
INDIVIDUAL RIGHTS
Section 6400.32 - Rights of the individual
Current through Register Vol. 54, No. 44, November 2, 2024
(a) An individual may not be discriminated against because of race, color, creed, disability, religious affiliation, ancestry, gender, gender identity, sexual orientation, national origin or age.
(b) An individual has the right to civil and legal rights afforded by law, including the right to vote, speak freely, practice the religion of the individual's choice and practice no religion.
(c) An individual may not be abused, neglected, mistreated, exploited, abandoned or subjected to corporal punishment.
(d) An individual shall be treated with dignity and respect.
(e) An individual has the right to make choices and accept risks.
(f) An individual has the right to refuse to participate in activities and services.
(g) An individual has the right to control the individual's own schedule and activities.
(h) An individual has the right to privacy of person and possessions.
(i) An individual has the right of access to and security of the individual's possessions.
(j) An individual has the right to voice concerns about the services the individual receives.
(k) An individual has the right to participate in the development and implementation of the individual plan.
(l) An individual has the right to receive scheduled and unscheduled visitors, and to communicate and meet privately with whom the individual chooses, at any time.
(m) An individual has the right to unrestricted access to send and receive mail and other forms of communications, unopened and unread by others, including the right to share contact information with whom the individual chooses.
(n) An individual has the right to unrestricted and private access to telecommunications.
(o) An individual has the right to manage and access the individual's finances.
(p) An individual has the right to choose persons with whom to share a bedroom.
(q) An individual has the right to furnish and decorate the individual's bedroom and the common areas of the home in accordance with § 6400.33 (relating to negotiation of choices).
(r) An individual has the right to lock the individual's bedroom door.
(s) An individual has the right to have a key, access card, keypad code or other entry mechanism to lock and unlock an entrance door of the home.
(t) An individual has the right to access food at any time.
(u) An individual has the right to make health care decisions.
(v) An individual's rights may only be modified in accordance with § 6400.185 (relating to content of the individual plan) to the extent necessary to mitigate a significant health and safety risk to the individual or others.
The provisions of this §6400.32 amended under sections 201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code (62 P.S. §§ 201(2), 403(b), 403.1(a) and (b), 911 and 1021); and section 201(2) of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. § 4201(2)).
This section cited in 55 Pa. Code § 6400.31 (relating to exercise of rights).
