Individual Rights

In addition to all applicable statutory and constitutional rights, every individual
receiving services has the right to:

(a) Choose from services and supports that are consistent with the
assessment and service plan, culturally competent, provided in the most
integrated setting in the community and under conditions that are least
restrictive to the individual’s liberty, that are least intrusive to the individual,
and that provide for the greatest degree of independence;
(b) Be treated with dignity and respect;
(c) Participate in the development of a written service plan, receive services
consistent with that plan and participate in periodic review and
reassessment of service and support needs, assist in the development of the
plan, and receive a copy of the written service plan;

(d) Have all services explained, including expected outcomes and possible
risks;

(e) Confidentiality and the right to consent to disclosure;

(f) Give informed consent in writing prior to the start of services, except in a
medical emergency or as otherwise permitted by law. Minor children may
give informed consent to services in the following circumstances:

(A) Under age 18 and lawfully married;

(B) Age 16 or older and legally emancipated by the court; or
(C) Age 14 or older for outpatient services only. For purposes of informed
consent, outpatient service does not include service provided in residential
programs or in day or partial hospitalization programs.
(g) Inspect their service record;
(h) Refuse participation in experimentation;
(i) Receive medication specific to the individual’s diagnosed clinical needs,
including medications used to treat opioid dependence;

(j) Receive prior notice of transfer, unless the circumstances necessitating
transfer pose a threat to health and safety;
(k) Be free from abuse or neglect and to report any incident of abuse or
neglect without being subject to retaliation;
(L) Have religious freedom;
(m) Be free from seclusion and restraint;

(n) Be informed at the start of services and periodically thereafter of the
rights guaranteed by this rule;

(o) Be informed of the policies and procedures, service agreements and fees
applicable to the services provided, and to have a custodial parent, guardian,
or representative assist with understanding any information presented;
(p) Have family and guardian involvement in service planning and delivery;
(q) Have an opportunity to make a declaration for mental health treatment,
when legally an adult;
(r) File grievances, including appealing decisions resulting from the grievance;

(2) The provider shall give to the individual and, if appropriate, the guardian a
document that describes the applicable individual’s rights as follows:

(a) Information given to the individual shall be in written form or, upon
request, in an alternative format or language appropriate to the individual’s
need;

(b) The rights and how to exercise them shall be explained to the individual,
and if applicable the guardian; and