Section He-M 309.09 - Individual Rights in Community Residences(a) In addition to the foregoing rights, individuals in community residences shall also have the following rights: (1) The right to a safe, sanitary and humane living environment;(2) The right to freely and privately communicate with others, including: a. The right to send and receive unopened and uncensored written and electronic correspondence;b. The right to have reasonable access to telephones and to be allowed to make and to receive reasonable numbers of telephone calls except that community residences may require an individual to reimburse them for the cost of any long distance calls made by the individual;c. The right to receive and to refuse to receive visitors except that community residences may impose reasonable restrictions on the number and time of visits in order to ensure effective provision of services; andd. The right to engage in social, recreational, and religious activities including the provision of regular opportunities for individuals to engage in such activities;(3) The right to privacy, including the following: a. The right to courtesies such as knocking on closed doors before entering and ensuring privacy for telephone calls, electronic communications, and visits;b. The right to opportunities for personal interaction in a private setting except that any conduct or activity which is illegal shall be prohibited; andc. The right to be free from searches of their persons and possessions except in accordance with applicable constitutional and legal standards;(4) The right to personal choice, including the following: a. The right to keep and wear their own clothes;b. The right to reasonable space for personal possessions;c. The right to keep and to read materials of his or her own choosing;d. The right to keep and spend their own money; ande. The right to be compensated for any work performed and the right not to work, except that: 1.Individuals may be required to perform personal housekeeping tasks within the individual's own immediate living area and equitably shared housekeeping tasks within the common areas of the community residence, without compensation; and
2.Individuals may perform vocational learning tasks or work required for the operation or maintenance of a community residence, if the work is consistent with their individual service plans and the individual is compensated for work performed according to laws, rules, and regulations set by the state and federal governments; and
(5) The right to be reimbursed for the loss of any money held in safekeeping by the community residence.(b) Nothing in He-M 309.09 shall require a community residence to have policies governing the behavior of the residents.(c) Individuals and guardians shall have the right to be informed of any house policies prior to admission to the community residence.(d) Residents shall have the right to participate in the development and modification of any house policies. Residents shall formally review the house policies at least annually.(e) House policies shall be posted by community residences.(f) House policies shall be in conformity with He-M 309.(g) House policies shall be periodically reviewed for compliance with He-M 309 in connection with community mental health program and department site visits.N.H. Admin. Code § He-M 309.09
#4412, eff 4-27-88; ss by #5093, eff 3-15-91, EXPIRED: 3-15-97
New. #6757, eff 5-27-98; ss by #8639, INTERIM, eff 5-27-06, EXPIRES: 11-23-06; ss by #8757, eff 11-17-06
Amended byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10706, Effective 11/15/2014, Expires5/14/2015.Amended byVolume XXXV Number 18, Filed May 7, 2015 , Proposed by #10819, Effective 4/23/2015, Expires4/23/2025.