Okla. Admin. Code § 340:100-3-1.2

Current through Vol. 42, No. 7, December 16, 2024

Section 340:100-3-1.2 - Rights

The Developmental Disabilities Services Division, in accordance with the mission statement and guiding principles given at OAC 340:100-1-3.1, promotes the full exercise of rights by persons served as citizens of their communities, state, and country.

(1) Each person receiving services has the right to:

(A) manage, be taught to manage, have assistance in managing financial affairs, and have access to all financial records regarding the person's funds;

(B) submit recommendations and complaints about services and policies without fear of reprisal, interference, or discrimination;

(C) be given information regarding the advantages and disadvantages of available services;

(D) be informed of the reasons for decisions regarding plans for enrollment, services, service termination, transfer, relocation, or denial of services;

(E) receive information and review records about the individual's evaluations, assessments, and services;

(F) know the name and qualifications of any person or agency providing services to the individual;

(G) choose among available service providers;

(H) receive visitors without prior notice to the provider unless restricted by the individual's Plan or the rights of other individuals;

(I) privacy and confidentiality in all matters;

(J) participate in religious activities of choice or to abstain from the practice of religion;

(K) freedom from restraints;

(L) be protected from abuse, exploitation, and neglect;

(M) a safe, humane, living environment;

(N) participate in decisions regarding the person's living environment including location, furnishings, other individuals residing in the home, and moves to other locations;

(O) be treated with dignity and respect;

(P) participate in social, recreational, and other community activities;

(Q) be informed of, and agree in writing to, any charges assessed by the provider against the individual's personal funds and the purposes of those charges;

(R) positive approaches in all services received; and

(S) due process in accordance with rules specific to the service(s) received.

(2) If the service recipient is a minor or has been adjudicated incapacitated, the legal guardian or the parent of the minor child exercises the rights in this Section on behalf of the person, as authorized by the order of appointment.

(3) The case manager informs and documents that each individual receiving services and his or her legal guardian or personal advocate is informed of the rights in this Section. Other persons are informed of the rights of an individual receiving services upon request.

(4) The Individual Plan documents any supports necessary to assist the person to exercise his or her rights.

Okla. Admin. Code § 340:100-3-1.2

Added at 18 Ok Reg 681, eff 1-10-01 (emergency); Added at 18 Ok Reg 1254, eff 5-11-01