N.J. Admin. Code § 5:15-3.1

Current through Register Vol. 56, No. 19, October 7, 2024

Section 5:15-3.1 - Enumeration of rights

(a) The licensee must promulgate reasonable resident rules governing day-to-day life and activities in the facility and post these rules in a location readily accessible to residents and visitors.

(b) Upon admission, residents must be notified as to the location of the facility rules setting forth their rights and responsibilities while residing in the facility.

(c) At a minimum, the facility must afford each resident the following rights and protections which shall be set forth in the resident rules. The residents shall be permitted to exercise these rights without fear of reprisal.

1. To remain in the facility and not to be involuntarily removed without cause as set forth in 5:15-3.9.

2. To receive visitors in designated areas of the facility during reasonable hours and under such conditions as the licensee shall specify in the resident rules.

3. To exercise one's civil, constitutional, or legal rights.

4. To reasonable privacy in caring for personal needs.

5. To have private written and verbal communications including the right to meet with legal representatives and legal counsel. The resident rules must not unreasonably restrict access by legal representatives and legal counsel to any areas of the facility. Any requirements as to prior notice, hours of access, or access to private family areas shall be set forth in the resident rules.

6. To present grievances on one's own behalf, or on behalf of other residents, to the licensee and to the local social services agencies.

7. To manage one's own financial affairs, unless the person freely agrees to other arrangements with the shelter operator or unless the requirement of maintaining a personal account is a condition of occupancy.

8. To confidential treatment of personal, social, financial and medical records except as is necessary to further the information and referral services pursuant to 5:15-3.7.

9. To be free from restraint or confinement.

10. To receive and send mail or any other correspondence without interception or interference.

11. To leave and return to the facility and grounds at reasonable hours in accordance with the rules of the facility.

12. To a safe, healthful, and decent living environment that recognizes the dignity and individuality of the resident.

13. To refuse to perform services for the licensee except normal housekeeping and supervision in accordance with 5:15-3.2(a)4 and 6 as provided in the facility's rules.

N.J. Admin. Code § 5:15-3.1

Amended by R.1989 d.412, effective 8/7/1989.
See: 21 New Jersey Register 1509(a), 21 New Jersey Register 2288(c).
In (c): added 2.