§ 40.1-24.5-1. Definitions. Whenever used in this chapter, or in any order, rule, or regulation made or promulgated pursuant to this chapter or in any printed forms prepared by the department of behavioral healthcare, developmental disabilities and hospitals in furtherance of this chapter, unless otherwise expressly stated, or unless the context or subject matter otherwise […]
§ 40.1-24.5-10. Dismissal from community residence. A resident shall be fully informed, in writing, of the grounds for dismissal from the community residence. In the event that a resident is aggrieved by a dismissal, the resident shall have absolute recourse to the resident grievance procedure as outlined in § 40.1-24.5-8. History of Section.P.L. 1982, ch. […]
§ 40.1-24.5-11. Confidentiality of information and records. (a) The fact of admission and all information and records compiled, obtained, or maintained in the course of providing services to persons under this chapter shall be confidential. (b) Except as provided in subsections (c) and (d), the fact of admission and all confidential information and records shall […]
§ 40.1-24.5-12. Duties of the mental health advocate. The mental health advocate shall perform the following duties: (1) Review periodically the procedures established by community residences to carry out the provisions of this chapter. (2) Review grievances of residents filed according to the provisions of the resident grievance procedure delineated in § 40.1-24.5-8 of this […]
§ 40.1-24.5-13. Access to information. The mental health advocate shall have access to the following information: (1) The names of all persons in community residences, and the date admission began, unless the resident concerned specifically objects, in writing, to the access at the time of admission. (2) All current records and files maintained by the […]
§ 40.1-24.5-14. Rights and powers of the mental health advocate. In addition to any other rights and powers conferred upon him or her by law, the mental health advocate shall have the following rights and powers: (1) To communicate privately by mail or orally with any resident. (2) To inspect all records relating to residents, […]
§ 40.1-24.5-15. Willful deprivation of resident’s rights. Any person who willfully withholds from or denies to any person admitted to a community residence any of his or her rights as granted in this chapter shall, on conviction thereof, be fined not exceeding two thousand dollars ($2,000) or imprisoned not exceeding two (2) years, or both. […]
§ 40.1-24.5-16. Immunity from liability as to reports under chapter. Any person who makes a report pursuant to this chapter, or who testifies in any administrative or judicial proceeding arising from the report, shall be immune from any civil or criminal liability for making the report or for testifying except for liability for perjury, unless […]
§ 40.1-24.5-17. Disqualification from position in community residence. A person convicted of any crime under this chapter shall be disqualified from holding any position in any community residence licensed by the department of behavioral healthcare, developmental disabilities and hospitals pursuant to chapter 24 of this title. History of Section.P.L. 1982, ch. 363, § 1.
§ 40.1-24.5-18. Severability. If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder of the chapter, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof […]
§ 40.1-24.5-19. Funds for implementation of chapter. Any sums necessary for the implementation of this chapter shall be provided from the funds appropriated to the department of behavioral healthcare, developmental disabilities and hospitals in fiscal year 1982-1983. It is expressly understood that additional funds for the implementation of this chapter are not provided. History of […]
§ 40.1-24.5-2. General powers and duties of the director of behavioral healthcare, developmental disabilities and hospitals. (a) The director of behavioral healthcare, developmental disabilities and hospitals is charged with the execution of the laws relating to the admission and the care of the mentally disabled with respect to this chapter, and is hereby authorized and […]
§ 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 […]
§ 40.1-24.5-4. [Reserved.]
§ 40.1-24.5-5. Absolute rights of residents. No resident admitted to any community residence shall be deprived of any constitutional, civil, or legal right, solely by reason of admission. Among others, each resident shall be entitled to the following rights without limitation: (1) To privacy and dignity; (2) To civil service or merit rating or ranking […]
§ 40.1-24.5-6. Qualified rights of residents. Except to the extent that the director as defined in § 40.1-24.5-1 determines that a limitation or a denial of one of the following rights would be in the resident’s best interests and, further, unless the director documents the good-cause reasons for the denial or limitations in the resident’s […]
§ 40.1-24.5-7. Posting of residents’ rights. A copy of the residents’ rights set forth in §§ 40.1-24.5-5 and 40.1-24.5-6 shall be conspicuously posted in community residences at all times. History of Section.P.L. 1982, ch. 363, § 1.
§ 40.1-24.5-8. Resident grievance procedure. (a) A community residence shall have a written grievance procedure in order to resolve allegations of violations of the rights assured in this chapter. The grievance procedure shall be conspicuously posted in residential and activity areas, along with the name and telephone number of the mental health advocate. (b) The […]
§ 40.1-24.5-9. Notification of mental health advocate as to alleged violation of rights. (a) The director will immediately notify the mental health advocate when a violation of absolute rights under § 40.1-24.5-5 is alleged. Subsequent to oral notification, the director will send to the mental health advocate a copy of the grievance form. (b) The […]
