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Resident Rights for AFC Group Homes

The administrative rule cited below provides the rights of residents of adult foster care small and large group homes. Because Publication 803 "Resident Rights for AFC Homes" is no longer printed or stocked, you may print this information for distribution.

R400.15304 Resident Rights; licensee responsibilities
 
Rule304
(1) Upon a resident's admission to the home, a licensee shall inform a resident or the resident's designated representative of, explain to the resident or the resident's designated representative, and provide to the resident or the resident's designated representative, a copy of all the following resident rights:
(a) The right to be free from discrimination on the basis of race, religion, color, national origin, sex, age, handicap, marital status, or source of payment in the provision of services and care.
(b) The right to exercise his or her constitutional rights, including the right to vote, the right to practice religion of his or her choice, the right to freedom of movement, and the right of freedom of association.
(c) The right to refuse participation in religious practices.
(d) The right to write, send, and receive uncensored and unopened mail at his or her own expense.
(e) The right of reasonable access to a telephone for private communications. Similar access shall be granted for long distance collect calls and calls which otherwise are paid for by resident. A licensee may charge a resident for long distance and toll telephone calls. When pay telephones are provided in group homes, a reasonable amount of change shall be available in the group home to enable residents to make change for calling purposes.
(f) The right to voice grievances and present recommendations pertaining to the policies, services, and house rules of the home without fear of retaliation.
(g) The right to associate and have private communications and consultations with his or her physician, attorney, or any other person of his or her choice.
(h) The right to participate in the activities of social, religious, and community groups at his or her own discretion.
(i) The right to use the services of advocacy agencies and to attend other community services of his or her choice.
(j) The right of reasonable access to and use of his or her personal clothing and belongings.
(k) The right to have contact with relatives and friends and receive visitors in the home at a reasonable time. Exceptions shall be covered in the resident's assessment plan. Special consideration shall be given to visitors coming from out of town or whose hours of employment warrant deviation from usual visiting hours.
(l) The right to employ the services of a physician, psychiatrist, or dentist of his or her choice for obtaining medical, psychiatric, or dental services.
(m) The right to refuse treatment and services, including the taking of medication, and to be made aware of the consequences of that refusal.
(n) The right to request and receive assistance from the responsible agency in relocating to another living situation.
(o) The right to be treated with consideration and respect, with due recognition of personal dignity, individuality, and the need for privacy.
(p) The right of access to his or her room at his or her own discretion.
(q) The right to confidentiality of records as stated in section 12(3) of the act.
(2) A licensee shall respect and safeguard the resident's rights specified in subrule (1) of this rule.

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Related Content
 •  Adult Foster Care Facility Licensing Act 218 of 1979 BCAL PUB-39 PDF icon
 •  Licensing Rules for Adult Foster Care Family Homes - OCAL PUB-332 PDF icon
 •  Licensing Rules for Adult Foster Care Small Group Homes (12 or less) - BCAL PUB-333 PDF icon
 •  Licensing Rules for Adult Foster Care Large Group Homes (13-20) - OCAL PUB-334 PDF icon
 •  Licensing Rules for Adult Foster Care Congregate Facilities (21 or more) - BCAL PUB-335 PDF icon
 •  Certification of Specialized Programs Offered in Adult Foster Care Home to Clients with Mental Illness on Developmental Disability - BCAL PUB-336  PDF icon
 •  Licensing Rules for Homes for the Aged - BCAL PUB-337 PDF icon
 •  Homes for the Aged Public Health Code (excerpt) Act 368 of 1978 - BCAL PUB-338 PDF icon
 •  Resident Rights for AFC Family Homes
 •  Technical Assistance for Home for the Aged Rules - section 213 PDF icon
 •  US Dept of Labor Federal Fair Labor Act Info.

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