§5601. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1983, c. 459, §7 (NEW).] 1. Client. [PL 1993, c. 326, §2 (RP).] 1-A. Ally. “Ally” means an individual who a person trusts to provide assistance. [PL 2007, c. 356, §22 (NEW); PL […]
§5602. Purpose It is the intent of the Legislature to guarantee individual dignity, liberty, pursuit of happiness and the protection of the civil and legal rights of persons with intellectual disabilities, autism or acquired brain injuries and to articulate rights of persons with intellectual disabilities, autism or acquired brain injuries, so that these rights may […]
§5603. Entitlement Each person with an intellectual disability, autism or an acquired brain injury is entitled to the rights enjoyed by citizens of the State and of the United States, unless some of these rights have been limited or suspended by a court of competent jurisdiction. [PL 2021, c. 284, Pt. A, §6 (AMD).] […]
§5604-A. Duty to report incidents; Adult Protective Services Act and rights violations 1. Report incident. A person with knowledge about an incident related to client care, including client-to-client assault, staff-to-client assault, use of seclusion or excessive use of mechanical or chemical restraint, incidents stemming from questionable psychiatric and medical practice or any other alleged abuse […]
§5604. Protection The Legislature finds and declares that the rights of persons with intellectual disabilities, autism or acquired brain injuries can be protected best under a system of services that operates according to the principles of normalization and full inclusion and that the State’s system of services must operate according to these principles with the […]
§5605. Rights and basic protections of a person with an intellectual disability, autism or an acquired brain injury A person with an intellectual disability or autism is entitled to the following rights and basic protections. A person with an acquired brain injury is entitled to the rights and basic protections outlined in subsections 1 to […]
§5606. Violations 1. Reportable events. Any alleged violation of the rights of a person receiving services must be reported immediately to the advocacy agency designated pursuant to Title 5, section 19502, referred to in this subsection as “the agency,” and to the Attorney General’s office. A. The agency shall investigate each alleged violation pursuant […]
§5607. Notice of rights The commissioner shall provide a written copy of this subchapter and of section 1207 to each person receiving services and, if the person receiving services has been adjudged incompetent, to the parent or guardian of the person receiving services. [PL 1993, c. 326, §11 (AMD).] 1. Prompt notification. Each person […]
§5608. Residential council Upon request of a person receiving services, a residential provider shall offer an opportunity to a person receiving services from the provider to organize a residential council to hear the views and represent the interests of persons receiving services from the provider. [PL 2011, c. 186, Pt. A, §36 (AMD).] 1. […]
§5609. Habilitation and vocational rehabilitation services 1. Habilitation services. The department and the Department of Labor, through the Office of Rehabilitation Services, shall provide, to the extent of the resources available, for those habilitation and vocational rehabilitation services, defined in Title 26, section 1411‑A, subsection 6, and any other service, including, but not limited to, […]
§5610. Service delivery 1. Guiding service delivery. The delivery of services by providers of services and the department to persons with intellectual disabilities, autism or acquired brain injuries is guided by the following. A. Persons with intellectual disabilities, autism or acquired brain injuries have the same rights as all citizens, including the rights to […]
§5611. Complaints A complaint may be filed by the agency designated pursuant to Title 5, section 19502. The complaint procedure may be used when the agency knows or has reason to believe that the practices, procedures or policies of any agency licensed, funded or contracted by the department to provide services violate the rights of […]
