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MH DD SA Consumer Rights


Wake County Human Services
Mental Health, Developmental Disabilities
and Substance Abuse Programs

YOUR RIGHTS

PLEASE NOTE: This material informs you about your rights. It does not constitute legal advice or findings with respect to those rights, and should not be considered as granting or denying any right guaranteed by law.

When you receive services through Wake County Human Services' Mental Health, Developmental Disabilities and Substance Abuse Programs, you have certain rights. This page will tell you about those rights and what to do if you have problems or questions.

Your rights are guaranteed by law: Unless you have been declared incompetent by a court, you have the same basic civil rights and remedies as other citizens, including the right to buy or sell property, sign a contract, register and vote, sue others who have wronged you, and marry or get a divorce. You also have other rights guaranteed by North Carolina General Statutes 122C, Article 3, including the right to dignity, privacy, humane care, and freedom from physical punishment, abuse, neglect and exploitation. It is the responsibility of the program from which you are receiving services to provide you or your legally responsible person a written summary of your rights within your first three visits to the agency (or your first 72 hours if you are in a 24-hour facility).

You have the right to a treatment plan: A written treatment plan, based on your individual needs, must be implemented within 30 days of admission. You have the right to treatment in the most normal, age-appropriate and least restrictive environment possible. You have the right to take part in the development and periodic review of this plan. You are entitled to review your treatment plan and obtain a copy of it from your therapist or medical records.

You have the right to be informed about medications: You have the right to have medication administered in accordance with accepted medical standards and upon the order of a physician. When medication is needed, you have the right to receive it in the lowest possible therapeutic dose. You cannot be treated with experimental drugs or procedures without your written permission and without being informed of the risks, benefits and alternatives. You many refuse to take medication; however, you will be informed of the risks of doing this. Medication cannot be used for punishment, discipline or staff convenience.

You have the right to refuse treatment: Before you agree to your plan, you will be informed of the benefits or risk involved in the services you will receive. You have the right to consent to treatment and may withdraw your consent at any time. If you have asked to receive services, you always have a right to agree to refuse any specific treatment. The only time you can be treated without your consent is in an emergency situation or when it has been court-ordered or if you are a minor and your parents have given permission.

You have the right to confidentiality: The confidentiality of your care and treatment is protected by law. Except as allowed by law and agency regulations, your records and other information about you will not be released without your written permission. Circumstances under which we may be required to share information with another about the services you receive include:

  • If you give permission, we may share information with any person that you name.
  • Your next of kin may be informed that you are a client, if it is in your best interest. With your permission, your next of kin, a family member with a legitimate role in your service, or another person whom you name may be given other information about your care.
  • A client advocate may review your record when assigned to work on your behalf.
  • The court may order us to release your records.
  • Our attorney may need to see your file because of legal proceedings.
  • Another public agency may need to receive your files when your care is transferred.
  • If you become imprisoned, we may share your file with prison officials.
  • In an emergency, another professional who is treating you may receive your records.
  • A physician or other profession who referred you to our facility may receive your files.
  • If we believe that you are a danger to yourself or to others, or if we believe that you are likely to commit a crime, we may share information with law enforcement.

Special rules may apply if you have a legal guardian appointed, are a minor, or are receiving treatment for substance abuse.

You have the right to see your own records except under certain circumstances specified by law. You have the right to have those circumstances explained to you.

You have the right to be informed of the rules: You have the right to be informed of the rules that you are expected to follow in a particular facility and possible penalties for violation of the rules. This information will be provided when you enter the program. You have the right to be free from unwarranted suspension or expulsion from programs and services. If you are discharged from a facility, you are entitled to a copy of your discharge plan.

You have the right to know your treatment costs: Fees for services should be discussed with you at your first visit. If this does not occur, please let us know. A listing of charges for services is available to you upon request. Flexible payment options are available, for Wake County residents only, to help you meet your financial obligations. Please call our Reimbursement Office at 919-250-3184 to discuss these options. Although it is your responsibility to make arrangements to pay your bill, you will never be denied services because of inability to pay.

You have the right to privacy: You have the right to be free from any unwarranted search of your person or property. At the time of admission to a 24-hour facility, staff may search you and your belongings to prevent dangerous or illegal substances from being brought into the facility. The facility itself may be searched if dangerous or illegal substances are reasonably believed to be present, and staff may search clients who are minors. Should search and seizure apply to a program from which you are receiving treatment, the specific procedures will be explained when you enter the program.

You have the right not to be abused: At the time of admission to a specific program, you will be informed of the types of interventions that are approved for use by that program. The program cannot administer any potentially painful procedure or stimulus to reduce the frequency or intensity of a behavior, and at no time is corporal punishment allowed. Employees must protect clients from harm and report any form of abuse, neglect or exploitation.

In an emergency situation, if your behavior is dangerous to yourself or others, or to property, or if we determine – based on very strict rules – that it is necessary for your care, an authorized facility may use restrictive interventions such as restraint, seclusion or isolation timeout. A number of special safeguards must be in place when these interventions are used, and you or your guardian have a right to request that a designated person be notified. The gravity of some emergencies may require law enforcement assistance or initiation of involuntary commitment procedures. Strict compliance with regulations is also necessary when interventions such as withdrawing or delaying access to possessions, taking away items, halting scheduled activities, or overcorrection are used. Facilities using protective devices to provide support or enhance safety must comply with certain strict safeguards.

These interventions and devices may never be used as retaliation, for the convenience of staff, or in a manner that causes harm or undue discomfort.

You have a special right if you have mental retardation: If your primary need is related to the fact that you have mental retardation and are placed in a residential facility, you are entitled to assistance in finding another place to live if your original placement can no longer serve you. This right exists unless you have broken the rules you agreed to follow or if we offer another place that can meet your needs and you refuse that offer. The facility must give you, your legal guardian and this agency 60 days advance notice if it intends to discharge you. This right does not apply if you live in a privately operated ICF-MR facility.

You have the right to make instructions for your treatment in advance: In the event that you become incapacitated and unable to make decisions about your treatment, you may prepare a document which outlines your intentions for your treatment and a person to make decisions based upon your instructions. If you are interested in exercising this right, please contact the Consumer Rights Program at 919-212-7155.

You have the right to make a complaint: If you are dissatisfied with a Mental Health, Developmental Disabilities and Substance Abuse service delivered through the Wake County Human Services agency or a contract agency affiliate, you have the right to state a complaint or file a grievance at any time. Before stating a written complaint, we urge you to first discuss the matter with staff providing the service and allow them an opportunity to help resolve it. If this is unsuccessful, we encourage you to complete and forward to us a complaint form, which you may request from staff of any MH/DD/SAS program or contract affiliate.

You have certain appeal rights: If you have Medicaid, you have the right to request an appeal hearing if you are denied a requested service, or if current services are reduced, suspended or terminated.

Your Rights in a 24-Hour Facility

When you receive care in a 24-hour facility, you have additional rights. You must be informed of these rights within 72 hours after entering the facility.

You have a right to dignity, privacy and humane care:

This includes access to:

  • Daily bath or shower
  • Daily shave
  • Services of barber or beautician
  • Articles for personal grooming and hygiene
  • Bathtubs, showers and toilets that ensure privacy and are adequate for clients with mobility impairments.

The facility will try to provide a quiet atmosphere for sleep during scheduled sleeping hours and accessible to you for periods of personal privacy. You may decorate the room in which you reside, within limits. The facility will make every effort to protect your personal clothing and possessions, including assisting you to keep an inventory, if you desire. If you remain in a 24-hour facility for more than 30 days, the facility shall encourage and assist you to place your money in outside accounts or follow agency procedure for internal personal account funds.

When you are in a 24-hour facility, some of your rights may be restricted by a qualified professional. We may only restrict these rights for reasons related to your care or treatment. When your rights are restricted, the reasons must be written in your treatment plan and reassessed at least weekly. The restriction must be removed after 30 days unless a qualified professional writes into your record a reason for it to be renewed. If and when the facility restricts your rights, you have a right to have an advocate or someone you designate informed of this.

Rights which MAY be restricted by the facility include your right to:

  • Make and receive confidential telephone calls, long distance at your own expense
  • Visiting hours six hours daily between 8 a.m. and 9 p.m., with two of those hours after 6 p.m.
  • Communicate and meet, under supervision, with other individuals who want to communicate and meet with you
  • Make visits outside the facility, unless commitment proceedings or court orders otherwise prohibit
  • Be outdoors daily and have access to regular physical exercise
  • Keep and use personal possessions and clothing, except as prohibited by law
  • Participate in religious worship
  • Have access to reasonable sums of your own money
  • Retain a driver's license
  • Have individual storage space.

Certain of your rights may NOT be restricted by the facility: The law guarantees that certain of your rights may be exercised at all reasonable times. Adults have the right to:

  • Contact and communicate with a lawyer, your own doctor, or other private professionals (at your own expense)
  • Contact and consult with a client advocate
  • Send and receive sealed mail and have access to postage, writing materials and staff assistance
  • Receive necessary medical treatment if you are sick (you or your insurance may be billed for medical care beyond the facility's regular service).

Minors are entitled to the same rights as above, except a minor's right to send and receive mail and have access to postage, writing materials and staff assistance may be restricted. Minors are additionally entitled to communicate and consult with parents, guardians or legal custodians; proper adult supervision and guidance; opportunities for normal maturation; educational and vocational services; appropriate structure, supervision and guidance; and treatment and habilitation separate from adults, where practical and unless treatment needs dictate otherwise.

If you have questions or problems contact:

Wake County Human Services
Consumer Rights Program
220 Swinburne St.
P.O. Box 46833
Raleigh, NC 27620-6833

919-212-7155   919-212-7193 FAX

This office ensures that Wake County Human Services consumers are informed of their rights and that the agency protects those rights.

Carolina Legal Assistance
2626 Glenwood Ave.
Suite 550
Raleigh, NC 27608

Toll Free:  877-235-4210  Local:  919-856-2195
Fax:  919-856-2244

www.cladisabilitylaw.org

This statewide agency is designated under federal and state law to protect and advocate for the rights of persons who have disabilities.