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This entry was published on 2014-09-22
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Rights of persons with developmental disabilities
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 41
§ 41.41 Rights of persons with developmental disabilities.

1. Each person who resides in a community residence has the same basic
and legal rights as all other persons of the same age. Such rights are
in no way diminished by the fact that such persons who have a
developmental disability live in a community residence.

2. In order to ensure that such residents are able to lead a life of
dignity, the commissioner shall include in rules and regulations
promulgated for community residence a statement of the rights of persons
living in such community residences which shall include, but not be
limited to:

(a) The right to request an alternative residential setting, either a
new residence or change in roommates, and to be involved in decisions
regarding such changes.

(b) The right to privacy, and sufficient space for personal

(c) The right to receive visits by families, friends and guardians and
to make such visits; such right includes the right to privacy during
such visits.

(d) The right to receive and send communications freely.

(e) The right to be free from physical or psychological restraints or
pressure, subject to the provisions of section 33.04 of this chapter.

(f) The right to engage in appropriate activities although some risk
may be involved.

(g) The right to a balanced and nutritious diet.

(h) The right to appropriate medical and dental care and the right,
either personally or through parents or guardians, in the choice of
physician and dentist.

(i) The right to appropriate clothing for age and season, and the
right to be involved in the selection.

(j) The right to meaningful and productive activities within his or
her capacity.

(k) The right to be informed regularly of their financial status and
to be provided assistance in the use of their resources, as appropriate.

(l) The right to the use of their personal money and property.

(m) The right of access to meaningful recreation and community
programs, and the right to participate in the planning of such

(n) The right to participate in the religion of their choice, on an
individual as well as a group basis.

(o) The right to receive assistance and guidance from staff.

(p) The right to vote; and the right to participate in activities that
educate persons with developmental disabilities in their civic

(q) The right to participate with staff in the establishment of house

(r) The right of the resident, their parents or guardians, to be
informed of the resident's rights under law and regulation, and the
guaranty that such rights shall not be abridged.

(s) The right of the residents, their parents or guardians to express
grievances, concerns and suggestions, without fear of reprisal.