SUBCHAPTER 28B – CIVIL AND LEGAL RIGHTS
SECTION .0100 – GENERAL RIGHTS
10A NCAC 28B .0101 COMPETENCY OF ADULT CLIENTS
Each adult client has the right to be considered legally
competent unless adjudicated incompetent under the provisions of Chapter 35A of
the General Statutes; and each incompetent adult client has the right to be
restored to legal competency as specified in Chapter 35A of the General
Statutes.
History Note: Authority G.S. 122C‑51; 143B‑147;
Eff. October 1, 1984;
Amended Eff. July 1, 1989.
10A NCAC 28B .0102 BASIC RIGHTS
(a) Each client in a state facility has the right to
exercise basic human rights as specified in G.S. 122C‑51, 122C‑52(c),
122C‑54(e), 122C‑57, 122C‑58, 122C‑61, and 122C‑62.
(b) Only those rights specified in G.S. 122C‑62(b)
and 122C‑62(d) may be restricted by the state facility. Such
restrictions shall be in accordance with G.S. 122C‑62(e).
History Note: Authority G.S. 122C‑51; 122C‑52;
122C‑54; 122C‑57; 122C‑58;
122C‑61; 122C‑62; 143B‑147;
Eff. October 1, 1984;
Amended Eff. July 1, 1989.
10A NCAC 28B .0103 RELIGIOUS RIGHTS
(a) Each client has the right to participate in religious
worship as specified in G.S. 122C‑62(b)(7) and 122C‑62(d)(7).
(b) Participation shall be voluntary, but worship
opportunities, services, religious education programs, pastoral counseling, or
pastoral visitation shall be accessible for those who choose to participate.
(c) Clients shall be permitted to participate in religious
services in the community unless otherwise limited in the treatment or
habilitation plan.
(d) Suitable space for religious worship shall be made
available by the state facility.
History Note: Authority G.S. 122C‑62; 143B‑147;
Eff. October 1, 1984;
Amended Eff. July 1, 1989.
SECTION .0200 ‑ LEGAL RIGHTS
10a NCAC 28b .0201 ACCESS TO LEGAL SERVICES
(a) All clients have the right to contact and consult with
legal counsel of their choice according to the provisions of G.S. 122C‑62(a)(2)
and 122C‑62(c)(2).
(b) Information regarding the availability of legal
services shall be given to all clients and shall be posted in areas accessible
to the clients. Information provided by legal assistance programs concerning
the availability of their services for indigent clients shall be posted in
areas accessible to the clients. Each State Facility Director shall ensure
that all state facility employees are informed of the availability of legal
services for clients in a manner deemed appropriate by the State Facility
Director, including the right of clients to communicate and consult with
attorneys.
(c) Each State Facility Director shall designate locations
where clients and attorneys may conduct their interviews in privacy.
History Note: Authority G.S. 122C‑51; 122C‑58;
122C‑62; 122C‑111; 143B‑147;
Eff. October 1, 1984;
Amended Eff. July 1, 1989.
10a NCAC 28b .0202 NONPROFIT LEGAL SERVICES ORGANIZATIONS
Each State Facility Director shall designate an interview
room where clients may, at regularly scheduled hours, privately communicate and
consult with an attorney employed by or affiliated with a nonprofit legal
services organization. During these scheduled hours, any client who desires to
consult with an attorney may do so without an appointment. Upon written
request by a nonprofit legal services organization, such an interview room
shall be made available in each building occupied by clients. The frequency of
making such an interview room available and the hours it shall be available
shall be at the discretion of the State Facility Director; however, such
interview room shall be available at least twice per month. Information
regarding the time and date when such legal services will be available and the
specific location of such interview room shall be posted in areas accessible to
the client in the buildings involved.
History Note: Authority G.S. 122C‑51; 122C‑58;
122C‑62; 122C‑111; 143B‑147;
Eff. October 1, 1984;
Amended Eff. July 1, 1989.
10a NCAC 28b .0203 STATE FACILITY GRIEVANCE PROCEDURE AND
REPORTS
(a) Each state facility shall have a written procedure to
process clients' formal grievances in a fair, timely, and impartial manner.
The grievance procedure shall specify that it is not intended to cover informal
verbal expressions of dissatisfaction or discontent which can be resolved
informally.
(b) The grievance procedure shall include the following:
(1) a provision stating that grievances may be
filed on behalf of a client by:
(A) the client;
(B) the legally responsible person of a minor client or
incompetent adult client;
(C) the internal client advocate; or
(D) any other competent adult, including a state
facility employee, who has been designated by the client and given written consent
to bring a grievance on his behalf;
(2) a provision requiring grievances to be
filed in writing and a copy sent to the internal client advocate;
(3) a provision specifying the progressive
steps of the grievance process and state facility employees by position
responsible for hearing the grievance at each step. Such provision shall state
whether the State Facility's Human Rights Committee shall be included in the
progression. (The absence of such a provision shall in no way prevent clients
from presenting their concerns to the Human Rights Committee at any time. Such
a provision would simply include it in the routine progression.) The
progression should begin at a level closest to the client such as the client's
responsible professional and, if unresolved, progress through the
organizational structure of the state facility. The treatment team and the
State Facility Director shall be included in the progression;
(4) a provision specifying the number of days
for action to be taken at each level;
(5) a provision specifying required written
documentation for the grievance including, at a minimum, a description of the
grievance, all parties involved, dates and actions taken at each step and
specifying state facility employees responsible for such documentation and
where in administrative files the record of documentation shall be filed; and
(6) a provision stating that the State Facility
Director shall make a final decision regarding the grievance before the client
may request review of the decision by the Division according to Rule .0204 of
this Section.
(c) All final decisions relative to grievances filed on
behalf of clients shall be reviewed by the Human Rights Committee whenever such
review is in accordance with 10A NCAC 28A .0209.
(d) The State Facility Director shall submit a written
report at least annually to the Human Rights Committee and internal client
advocates which documents the number, nature, and resolution of grievances at
the state facility for the previous year.
History Note: Authority G.S. 143B‑147;
Eff. October 1, 1984;
Amended Eff. April 1, 1990; July 1, 1989.
10A NCAC 28B .0204 DIVISION DIRECTOR'S REVIEW OF GRIEVANCES
(a) If a client or client's representative as specified in
Rule .0203(b)(1)(D) of this Section is dissatisfied with the State Facility
Director's decision in a grievance, the client or client's representative may
request a review of the State Facility Director's decision by the Division.
(b) The client or client's representative shall submit a
written request for review of the decision to the appropriate deputy director
of the Division (as indicated by the State Facility Director). The request
shall indicate:
(1) a description of the grievance;
(2) action taken by the State Facility
Director; and
(3) preferred action of the client.
(c) The Deputy Director receiving the request for review of
the decision shall notify the Division Director, Division's Assistant Director
for quality assurance and any other deputy or assistant director whose
responsibilities overlap in the area of the grievance.
(d) The Deputy Director receiving the request shall collect
information on the issue and make a determination in consultation with any
other deputy or assistant director involved.
(e) The Deputy Director shall make a recommendation to the
Division Director within 10 working days from the date of the receipt of the
request.
(f) The Division Director, after appropriate consultation,
shall issue a written decision to the requesting party within 20 working days
from the original date of the receipt of the request by the Deputy Director.
(g) The client or his legally responsible person may appeal
the Division Director's decision by petitioning for a contested case hearing
pursuant to Article 3 of G.S. 150B.
History Note: Authority G.S. 143B‑147;
Eff. October 1, 1984;
Amended Eff. April 1, 1990; July 1, 1989.
10A NCAC 28B .0205 DEPARTMENT REVIEW OF GRIEVANCE
(a) The client or client's representative as specified in
Rule .0203(b)(1)(D) of this Section may pursue further review by the Department
by submitting a written request to the Secretary. Such written request shall
indicate:
(1) a description of the grievance;
(2) action taken by the State Facility Director
and Division Director; and
(3) preferred action of the client.
(b) The Secretary shall conduct a review of the grievance
and submit his decision in writing to the client or client's representative at
least 30 days following receipt of the request. The client or his legally
responsible person may appeal the Secretary's decision by petitioning for a
contested case hearing pursuant to Article 3 of G.S. 150B.
History Note: Authority G.S. 131E‑67; 143B‑147;
Eff. October 1, 1984;
Amended Eff. April 1, 1990; July 1, 1989.
10A NCAC 28B .0206 ACCESS TO INTERNAL CLIENT ADVOCATE
The State Facility Director shall assure each client access
to an internal client advocate in accordance with G.S. 122C‑62(a)(3) and
122C‑62(c)(3).
History Note: Authority G.S. 122C‑62; 143B‑147;
Eff. October 1, 1984;
Amended Eff. July 1, 1989.
10A NCAC 28B .0207 CLIENT ADVOCATE ACCESS TO CONFIDENTIAL
INFORMATION
(a) Client advocate access to confidential information
shall be in accordance with G.S. 122C‑53(e), (f) and (g).
(b) Whenever a minor client is admitted to a regional
psychiatric hospital which provides educational services, the client advocate
may have access to the educational records in accordance with G.S. 122C‑53(a).
The State Facility Director shall establish policies and procedures for
obtaining consent upon admission of the minor client to the state facility,
which allows the client advocate access to the educational records.
History Note: Authority G.S. 122C‑53; 122C‑62;
143B‑10; 143B‑147;
Eff. October 1, 1984;
Amended Eff. July 1, 1989.
10A NCAC 28B .0208 DEATHS AND AUTOPSIES
(a) The State Facility Director shall adopt a written
policy, available to the client upon request, specifying procedures to be taken
upon the death of a client which shall provide for:
(1) a physician's certification of the death as
soon as possible;
(2) making reasonable efforts to locate the
client's next of kin;
(3) notification of the State Facility Director
and the internal client advocate;
(4) notification of the County Medical Examiner
when the attending physician or State Facility Director (at the time of the
client's death) determines that the death falls under the jurisdiction of the
County Medical Examiner as specified in G.S. 130A‑383 and 130A‑389;
and documentation of the Medical Examiner's report in the client record; and
(5) disposition of the body when no next of kin
or interested individuals can be located and no funeral arrangements have been
made, including notification of the Commission of Anatomy as specified in G.S.
130A‑415.
(b) A competent client, or incompetent adult client or
minor client through his legally responsible person, has the right to
prearrange his funeral at no expense to the state.
(c) No autopsy shall be performed on the body of a deceased
client unless permission has been given for the autopsy by the appropriate
person as specified in G.S. 130A‑398 or unless such autopsy is otherwise
required or permitted by law as specified in G.S. 130A‑389, 130A‑399
or 130A‑400.
History Note: Authority G.S. 130A‑383; 130A‑389;
130A‑398 through 130A‑400; 130A‑415; 143B‑147;
Eff. October 1, 1984;
Amended Eff. April 1, 1990; July 1, 1989.
SECTION .0300 ‑ LABOR RIGHTS
10A NCAC 28B .0301 EMPLOYMENT CONDITIONS
(a) Each client who performs work which is of economic
value to the state facility shall receive compensation for such work.
(b) A state facility may allow the client to work for the
facility only under the following conditions:
(1) if the work is part of the client's
individual treatment or habilitation plan;
(2) if the work is performed voluntarily;
(3) if the client is paid wages commensurate
with the economic value of the work on the open market (except as specifically
explained in Rule .0302 of this Section); and
(4) if the work project complies with local,
state and federal laws and regulations.
History Note: Authority G.S. 122C‑51; 143B‑147;
Eff. October 1, 1984;
Amended Eff. July 1, 1989.
10A NCAC 28B .0302 VOLUNTARY NON‑COMPENSATED WORK
The state facility may establish a policy allowing clients,
upon their request, to do voluntary non‑compensated work. The policy
shall:
(1) provide for protecting the client from abuse or
exploitation;
(2) provide for the work to be time limited and part of
the client's treatment or habilitation plan;
(3) provide that voluntary work performed by clients
consists of tasks appropriate to the age or developmental level of the client;
(4) provide for review by the legally responsible
person of an incompetent adult or minor client or internal client advocate in
all other cases of client volunteer work before the work is begun; and
(5) prohibit substitution of voluntary non‑compensated
work for other more appropriate treatment or habilitation opportunities.
History Note: Authority G.S. 122C‑51; 143B‑147;
Eff. October 1, 1984;
Amended Eff. July 1, 1989.
10A NCAC 28B .0303 PERSONAL HOUSEKEEPING
Limited housekeeping tasks in the client's personal living
space may be required of each client without compensation.
History Note: Authority G.S. 122C‑51; 143B‑147;
Eff. October 1, 1984.
SECTION .0400 ‑ NONDISCRIMINATION
10A NCAC 28B .0401 TITLE VI CIVIL RIGHTS ACT 1964
The State Facility Director shall assure that the services
of the state facility are provided in compliance with the requirements
specified in Title VI of the Civil Rights Act of 1964 and 45 C.F.R. 80 and
other applicable laws regarding the prohibition of discrimination based on
race, color, national origin, sex, or handicap.
History Note: Authority G.S. 122C‑51; 143B‑147;
Eff. October 1, 1984;
Amended Eff. July 1, 1989.
10A NCAC 28B .0402 DHHS DIRECTIVE ‑ INTERPRETER
SERVICES
The State Facility Director shall assure that the services
of the state facility are provided in compliance with the requirements
specified in the Department of Health and Human Services Directive, Subject:
Provision of Interpreter Services for the Deaf, Number 37, Effective Date:
June 1, 1987, adopted pursuant to G.S. 150B‑14(c), establishing the
provision of interpreter services for the deaf and hearing impaired.
History Note: Authority G.S. 122C‑51; 143B‑10;
143B‑147;
Eff. October 1, 1984;
Amended Eff. April 1, 1990; July 1, 1989.
10a NCAC 28b .0403 STATE AND FEDERAL REGULATIONS
The State Facility Director shall assure that the services
of the state facility are provided in compliance with all applicable state and
federal statutes and regulations regarding non‑discrimination, including
but not limited to discrimination against a handicapped person as specified in
G.S. 168‑1 through 168‑23, G.S. 168A and Section 504 of the
Rehabilitation Act (29 U.S.C.).
History Note: Authority G.S. 122C‑51; 143B‑147;
Eff. October 1, 1984;
Amended Eff. July 1, 1989.
