14- 472 C.M.R. ch. 1, § A-III

Current through 2024-51, December 18, 2024
Section 472-1-A-III - BASIC RIGHTS
A. Recipients have the same human, civil and legal rights accorded all minor citizens. Recipients have the right to a humane psychological and physical environment within the facility or program. Recipients have the right to be treated with courtesy and dignity. Recipients are at all times entitled to respect for their individuality and to recognition that their personalities, abilities, needs and aspirations are not determinable on the basis of a psychiatric label. Recipients have the right to have their privacy assured and protected to the greatest extent possible in light of their treatment needs. Recipients shall not be found incapacitated nor denied any right, benefit, privilege, franchise, license, authority or capacity of whatever nature that they would otherwise have simply due to their status as recipients of mental health services.
B. There shall be no limitation on the freedom of religious belief.
C. Discrimination in the provision of services due to race, creed, gender, sexual orientation, national origin, political belief, or handicapping condition shall be prohibited.
D. All basic rights of recipients and of legally responsible parents, guardians or custodians on behalf of recipients shall remain intact unless specifically limited through legal proceedings, as in the case of guardianship; or, in an emergency, or when necessary to protect the rights or safety of the recipient or others, only as outlined in specific sections of these rules.
(1) Recipients are entitled to receive individualized treatment, to have access to activities necessary to the achievement of their individualized treatment goals, to exercise daily, to recreate outdoors, and to exercise their religion.
(2) At no time shall the entitlements or basic human rights set forth in these rules be treated as privileges which must be earned by meeting certain standards of behavior.
E. Services delivered to recipients shall be based on their identified individual needs and shall be delivered according to flexible models which accommodate changes in recipient's needs and the variations in the intensity of their needs.
F. Recipients and their legally responsible parents, guardians or custodians, or other representatives have the right to exercise rights provided by these rules without reprisal, including reprisal in the form of denial of or termination of services.

14- 472 C.M.R. ch. 1, § A-III