This is our promise to the people we support:
We actively pursue and protect the rights of all people we support. This includes human, civil and legal rights. This includes but is not limited to freedom from abuse, neglect and exploitation, confidentiality, privacy, dignity, humane care, the right of choice, and the right to support with decisions and informed choice. People we support have the right to conduct their own meetings and invite who they want to attend their meetings, support in developing plans to support them with their needs and preferences, choice in their personal schedule, choice in roommates, where to live, work, friends, having friends over of the choice, choice in food, choosing what to eat/drink during break times, dining in a private setting if they choose, having access to food at all times even in the middle of the night, clothing preferences, activities, access to the telephone with privacy, to be able to communicate in private, to be able to communicate in the participant’s primary language or primary mode of communication, to be able to maintain contact with family and friends unless contact has been legally restricted, decorating their room based on their choice, the right to maintain their own personal possessions, opening their own mail, managing and spending their own money, the freedom to choose to participate in religious activities, vote, participate in their community, and freedom of movement in the community. The person has a right to be issued keys or locking devices for their home/unit, to lock their bedroom or apartment doors when they are in their room and/or when they leave their room. The person may identify which staff should have access to their bedroom or apartment.
This also includes to be free from retaliation for making a complaint, voicing a grievance, recommending changes in policies, or exercising a legal right, to be able to refuse or discontinue services, to have access to, read, and challenge any information contained in the participant’s record, to have access to an advocate as defined in subdivision 46:11:01.02(1) or an employee of the state’s designated protection and advocacy system; to be provided choice among waiver services and providers; to be informed of the provider’s grievance procedures pursuant to 46:11:03:06; and to have written residential lease agreement that meets the requirements of applicable state law contained in SDCL Chapter 43-22. We prohibit standing policies and practices that restrict people’s rights. Everyone is responsible for ensuring that people’s rights are protected and that they receive the supports they need to access their rights.
Written notice of the participant’s rights shall be provided to the participant in an accessible format. If the participant is a minor under SDCL subdivision 29A-5-102(8) or a protected person under SDCL subdivision 29-1-5-102(4). The notice shall also be provided to the participant’s parent or guardian, respectively. The notice may be provided to the participant’s advocate upon request of the participant and parent or guardian, if applicable. The notice and training on the participant’s rights shall be provided upon admittance to the provider and annually thereafter.
The rights of people may only be restricted to protect them from endangering self or others or to provide specific services or supports. Any restriction of rights shall promote the least restrictive alternative appropriate to meet the needs of the person. No one person may implement a rights restriction. It must be done through the team process.
Prior to restricting a person’s rights, we require them, their team, and as applicable, their parent if they are under 18 years of age or their guardian, to review and approve each restriction and plan of restoration. Our Human Rights Committee shall act as an impartial party to review and approve each restriction annually, prior to implementation, and at a frequency determined by the Human Rights Committee.
If the person endangers self or others and requires an emergency rights restriction, the Internal Support Coordinator shall notify the person’s parent if the person is under 18 years of age or the legal guardian and Human Rights Chairperson within 24 hours of implementation of the restriction. See policy: Use of Highly Restrictive Procedures in Emergency or as Part of a Positive Support Plan
Rights may not be limited without due process. Due process means the guaranteed opportunity to be heard, to be informed, to give consent, and have the determination be made by an impartial party, which is the Human Rights Committee. If there is assessment indicating a need for limitations, a right may be restricted through the team and a plan developed to teach the responsibility and skill needed to restore that right. Rights restrictions, extent of the restriction, reasons/justification for the restrictions and actions to restore the right must be documented in the plan. The team needs to document what positive approaches and less restrictive approaches were tried before implementing a restrictive procedure. Restrictions need to be time limited and highly restricted procedures reviewed every six months. The team needs to consider the impact the restriction may have on others to insure they are not restricted.
Any rights restriction will be submitted to the Human Rights Committee for approval prior to implementation.
The process for implementing a rights restriction must be person-centered; the restriction must be both justified and well documented. The following are requirements that must be met:
- A specific and individualized assessed need.
- The positive interventions and supports used prior to any modifications to the ISP.
- Less intrusive methods of meeting the need that have been tried but did not work.
- A clear description of the condition that is directly proportional to the specific assessed need.
- A regular collection and review of data to measure the ongoing effectiveness of the modification.
- Established and limited timeframes for periodic reviews to determine if the modification is still necessary or can be lifted.
- Informed consent of the individual and/or guardian as appropriate.
- An assurance that interventions and supports will cause no harm to the individual.
For emergency/temporary approval of a restriction that is communicated via phone or computer to the committee, two members or a quorum are required to approve within 24 hours pending submission of a written behavior support plan. Plans and supports to address behavioral needs must be specific to the individual and not the same as everyone else in the setting and/or restrictive to the rights of every individual receiving support within that setting. That may include things such access to food, temperature controls, going out, locked doors, etc.
The Rights Handbook outlines information for people regarding their rights, benefits and responsibilities. (Also see the agency policy on Behavior Support.) We encourage participation of people we support to attend the human rights committee meetings when their plan is being reviewed or to contact a committee member individually. A brochure explaining the due process procedure is available for teams and people supported. People are also supported to file a grievance or appeal a decision if they desire.
October 2024
See also, Universal Declaration of Human Rights
