Mich. Admin. Code R. 330.7009 - Civil rights
Rule 7009.
(1) A
provider shall establish measures to prevent and correct a possible violation
of civil rights related to the service provision. A violation of civil rights
shall be regarded as a violation of recipient rights and shall be subject to
remedies established for recipient rights violations.
(2) A recipient shall be permitted, to the
maximum extent feasible and in any legal manner, to conduct personal and
business affairs and otherwise exercise all rights, benefits, and privileges
not divested or limited.
(3) An
adult recipient, and a minor when state law allows consent by a minor, shall be
presumed legally competent. The presumption may be rebutted only by court
appointment of a guardian or exercise by a court of guardianship powers and
only to the extent of the scope and duration of that guardianship. A provider
shall do all of the following:
(a) Presume the
recipient is legally competent if he or she does not have a guardian. A
provider shall also presume a recipient with a limited guardian is legally
competent in all areas which are not specifically identified as being under the
control or scope of the guardian.
(b) Not institute guardianship proceedings,
unless there is sufficient reason to doubt the recipient's comprehension, as
provided under these rules and the policies and procedures of the
provider.
(c) When a recipient's
comprehension is in doubt, justification for petitioning the probate court for
guardianship consideration shall be entered in the recipient's clinical
record.
(d) Not petition for, or
otherwise cause the filing of, a petition for guardianship of greater scope
than is essential.
(e) Petition or
cause a petition to be filed with the court to terminate a recipient's guardian
or narrow the scope of the guardian's powers when the recipient demonstrates he
or she is capable of providing informed consent.
(4) A provider shall not interfere with the
right of a recipient to enter into a marriage contract or obtain or oppose a
divorce.
(5) The right of a
recipient to participate in the electoral process, including primaries and
special and recall elections shall not be abridged. An eligible recipient,
including a recipient determined to be legally incompetent, shall have the
right to exercise his or her franchise, except those the legislature may
exclude from the electoral process by defining mental incompetence in any
statute implementing article 2, section 2 of the state constitution of 1963.
Facilities shall have procedures which assure all the following:
(a) All recipients 18 years of age or over
are canvassed to ascertain their interest in registering to vote, obtaining
absentee ballots, and casting ballots. The canvass shall be conducted to allow
sufficient time for voter registration and acquisition of absentee ballot, or
provided recipients with an opportunity to leave the premises to exercise
voting privileges, or to register to vote, or a facility director may require
supervisory personnel to accompany recipients and may require recipients to
bear reasonable transportation costs.
(b) Arrangements with state and local
election officials are made to provide voter registration and casting of
ballots for interested recipients at the facility or may elect to encourage the
use of absentee ballots.
(c)
Facilities shall assist election officials in determining a recipient's place
of residence for voting purposes.
(d) Facilities shall not prohibit a recipient
from receiving campaign literature, shall permit campaigning by candidates, and
may reasonably regulate the time, duration, and location of these activities. A
facility director shall permit a recipient to place political advertisements in
his or her personal quarters.
(6) A recipient shall be permitted access to
religious services and worship on a nondiscriminatory basis. A recipient shall
not be coerced into engaging in religious activity.
(7) A recipient's property or living area
shall not be searched by a provider unless such a search is authorized in the
recipient's plan of service or there is reasonable cause to believe that the
recipient is in possession of contraband or property that is excluded from the
recipient's possession by the written policies, procedures, or rules of the
provider. The following conditions apply to all searches:
(a) A search of the recipient's living area
or property shall occur in the presence of a witness. The recipient shall also
be present unless he or she declines to be present.
(b) The circumstances surrounding the search
shall be entered in the recipient's record, and shall include all the
following:
(i) The reason for initiating the
search.
(ii) The names of the
individuals performing and witnessing the search.
(iii) The results of the search, including a
description of the property seized.
Notes
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