9 CSR 45-3.030 - Individual Rights

PURPOSE: This rule defines the rights of persons eligible for services from the Division of Developmental Disabilities (Division of DD).

(1) Each individualized supported living provider shall have policies and procedures that enhance and protect the human, civil and statutory rights of all individuals served.

(2) (1) All individuals served by the Division of DD shall be entitled to the following rights and privileges without limitation, unless otherwise provided by law:
(A) To be treated with respect and dignity as a human being;
(B) To have the same legal rights and responsibilities as any other citizen;
(C) To receive services regardless of race, creed, marital status, national origin, disability, religion, sexual orientation, gender, or age;
(D) To be free from physical, emotional, sexual, and verbal abuse, and financial exploitation;
(E) To receive services and supports to achieve the maximum level of independence;
(F) To have access to all rules, policies, and procedures governing the operations of the Division of DD in an accessible format, and to have those rules, policies, and procedures explained in a manner that is easily understood;
(G) Within one's financial means, to have a choice where to live and whether or not to share a home with other people;
(H) To direct one's own person-centered planning process and to choose others to be included in that process;
(I) To participate fully in the community;
(J) To communicate in any form and to have privacy of communications;
(K) To accept or decline supports and services;
(L) To have freedom of choice among Division of DD approved providers;
(M) To seek employment and work in competitive integrated settings;
(N) To participate or decline participation in any study or experiment;
(O) To choose where to go to church or place of worship, or to refuse to go to a church or place of worship;
(G) (P) To have rights, services, supports, and clinical records regarding services explained in a manner that is easily understood and in an accessible format;
(H) (Q) To have all of an individual's records maintained in a confidential manner;
(R) To report any violation of one's rights free from retaliation and without fear of retaliation; and
(S) To be informed on how to make an inquiry, file a complaint or report a violation of one's rights, and to be assisted in these processes, if requested.
(2) Adults who do not have a legal guardian have the right to designate a representative to act on one's behalf for purposes of receiving services from the Division of DD.

(3) An individual receiving services or his/her parent, guardian or authorized representative shall be informed of his/her rights in language that is easily understood.

(A) At the time of enrollment and anytime changes are made to the description of rights, the provider agency shall give each individual or his/her parent, guardian or legal representative a written description of the individual's rights and how to exercise them.

(B) Individualized supported living providers shall read and explain the description of rights to individuals who require assistance because they are unable to read or do not understand the written description.

(3) An individual's rights as outlined in section one (1) may not be restricted, including, but not limited to, by a provider of targeted case management or home and community based services, without due process. Due process under this provision includes the right to be notified and heard on the limitation or restriction, the right to be assisted through external advocacy if an individual disagrees with the limitation or restriction, and the right to be informed of available options to restore the individual's rights.

(4) Each provider shall have policies and procedures for the behavioral management of individuals served.

(A) Provider staff shall deal with disruptive, destructive and inappropriate behaviors by providing information, instruction and guidance on appropriate and acceptable behavior.

(B) Behavior management shall be conducted in a manner that does not demean the individual but rather promotes and builds positive growth, controlled behavior and positive self-image.

(5) Each individual shall be given the name, address and phone number of the department's client rights monitor and informed that the client rights monitor may be contacted regarding complaints of abuse, neglect or violation of rights.

Notes

9 CSR 45-3.030
AUTHORITY: section 630.050, RSMo 1994.* This rule was previously filed as 9 CSR 305.040. Emergency rule filed Aug. 4, 1992, effective Sept. 1, 1992, expired Dec. 29, 1992. Original rule filed Aug. 4, 1992, effective Feb. 26, 1993. Amended: Filed May 25, 1995, effective Dec. 30, 1995. Amended by Missouri Register January 3, 2017/Volume 42, Number 1, effective 2/28/2017

*Original authority: 630.050, RSMo 1980, amended 1993.

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