TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-24.5
Community Residences

SECTION 40.1-24.5-3


§ 40.1-24.5-3 Legal rights and competence of persons admitted – Informing person as to rights, obligations, and grievance procedures.

(a) Continuation of rights, responsibilities, and obligations. No resident as a consequence of admission to a community residence and of receiving an evaluation of mental disability shall lose any legal rights, responsibility, or obligation, or suffer any legal disability as a citizen, unless otherwise prescribed by law. Among others, no resident shall be presumed to be incompetent to manage his or her affairs, to contract, to hold or seek a professional, occupational, or vehicle operator's license, to make a will, to marry or for any other purpose, unless otherwise prescribed by law. Neither shall any requirement be made, by rule, regulation, or otherwise, as a condition to admission and retention, that any individual applying for admission shall have the legal capacity to contract, it being sufficient for such purpose, that the individual understand the nature and consequence of making the application.

(b) Admission; requirements; duties of residence staff. (1) As part of the procedure for the admission of an individual to a community residence, each prospective resident shall be fully informed of all rules, regulations, and policies governing resident conduct and responsibilities, including grounds for dismissal and procedures for discharge. A written application acknowledging the disclosure shall be signed by the prospective resident in the presence of at least one witness, who shall attest to the application by placing his or her name and address thereon.

(2) Further, at the time of admission, each resident shall be fully informed of residents' rights and a written copy of the residents' rights shall be given to each resident who shall acknowledge receipt of the written copy by his or her signature upon the copy. This written copy of residents' rights shall include the working hours, address, and telephone number of the mental health advocate.

(3) Further, at the time of admission each resident shall be fully informed, orally and in writing, of the grievance procedure established within the community residence.

(4) Further, at the time of admission, each resident shall be informed, in writing, of all anticipated financial charges, including all costs not covered either under federal and/or state programs, by other third payers by the community residence's basic per diem rate.

History of Section.
(P.L. 1982, ch. 363, § 1; P.L. 1997, ch. 326, § 141.)