SECTION IV: RIGHTS IN A RESIDENTIAL OR INPATIENT SETTING

The mental health code guarantees that recipients receiving inpatient or residential services will be assured that some basic rights are protected. These rights may be limited due to the nature of your treatment. If such limitations are imposed they must be agreed to in the plan of service by you or your legal representative. General restrictions that apply to everyone (such as visiting hours, property you may have, or times the telephone may be used) can be established by a residence or unit. These restrictions must be posted in a place
where they can be easily seen.

Mail Mental Health Code Sec. 726

You have the right:
To receive and send mail without anyone else opening or reading it. If you have no income and if you ask for them you will be given writing materials and a reasonable number of stamps.

Telephone Mental Health Code Sec. 726
You have the right:

To talk on the phone. If you have no income, a reasonable amount of funds will be
provided so that you can use the telephone.

Visitors Mental Health Code Sec. 715, 726, 748 Administrative Rule 7135
You have the right:

To see visitors of your choice,

To see your own doctor (if you have one) or visit with your minister, priest, rabbi, or spiritual counselor at reasonable times.

To talk with your attorney, a court, or others, about legal matters without any limitations and at any time.

Entertainment Materials, Information and News Mental Health Administrative Rule 330.7139

You have the right:
To watch TV, have a newspaper provided, buy magazines, and books of your own choice, unless limited by your plan of service or as generally restricted by program rules.

Religion Mental Health Code Sec. 704
You have the right:
To practice your religion or faith. You cannot be forced to go to a religious event if you do not want to, nor can you be required to listen to or watch religious programs on radio or TV.

Personal Property Mental Health Code Sec. 728 Administrative Rule 7009
You have the right to:
Wear your own clothes and keep your own things.
Inspect your personal property at reasonable times.

Have a receipt given to you and a person you designate for your property held by the facility. This property must be returned to you when you are discharged unless it is something illegal.

Have a reasonable amount of space to store your personal belongings.
Not have your belongings searched unless this is part of your plan of service or unless there is a good reason; to watch if your belongings are searched; and to have the reason for the search written in your record.

Your plan of service may further limit this right for the following reasons:
• To protect property you may have brought with you from theft, loss, or destruction. If you want to keep your property even though it may not be safe you must sign a waiver which releases the facility from  responsibility.
• To prevent you from physically hurting yourself or others.
• You, or your legal representative, should be told the reason for the limitation and the date it expires.

Money Mental Health Code Sec. 730- 736
If you are in a state hospital or center, you have the right to:
Be paid for work you agree to do if you are offered work. However, you will not be paid for personal housekeeping chores (such as making your own bed) or work which is part of a small group living arrangement.

Not have more than half of any money you earn used to pay for your treatment.

Have your money kept in an account in your name at the facility.

Easy and reasonable access to your money kept in an account at the facility and to spend your money as you want. Facility rules may limit the amount of money you can have on you at anyone time.

Have money in the account given to you when you are discharged.

These rights may be limited
• If the U.S. government says you need someone to handle money you receive from Social Security and has assigned you a representative payee, or

• If you have a conservator or guardian who has the authority to limit how you spend your money.

Freedom of Movement Mental Health Code Sec. 740, 742, 74'
Freedom of movement is a right, not a privilege. This right cannot be limited or restricted more than is necessary to provide mental health services to you, to prevent you from injuring yourself or others, or to prevent substantial property damage. If you are admitted by order of a criminal court or are transferred from a jail or prison, appropriate security precautions may be taken.

If there are limitations on your freedom of movement, the expected length and the reasons for them must be written into your record. The limitations must be removed when the reasons for them no longer exist.
If you are in a psychiatric hospital or licensed child caring institution, you may only be or put in a locked room (seclusion):
• To keep you from physically hurting others.
• To keep you from causing substantial property damage.

If you are a resident in an inpatient or residential setting, you may only be physically restrained:
• If facility licensure rules allow.
• To keep you from physically hurting yourself or others.
• To keep you from causing substantial property damage.