Cal. Code Regs. Tit. 22, § 101223 - Personal Rights
(a)
The licensee shall ensure that each child is accorded the following personal
rights:
(1) To be accorded dignity in his/her
personal relationships with staff and other persons.
(2) To be accorded safe, healthful and
comfortable accommodations, furnishings and equipment to meet his/her
needs.
(3) To be free from corporal
or unusual punishment, infliction of pain, humiliation, intimidation, ridicule,
coercion, threat, mental abuse or other actions of a punitive nature including
but not limited to: interference with functions of daily living including
eating, sleeping or toileting; or withholding of shelter, clothing, medication
or aids to physical functioning.
(4) To be informed, and to have his/her
authorized representative informed, by the licensee of the law regarding
complaints including, but not limited to, information on confidentiality and
the address and telephone number of the Department's complaint unit.
(5) To be free to attend religious services
or activities of his/her choice.
(A)
Attendance at religious services in or outside of the center shall be
voluntary. The child's authorized representative shall make decisions about the
child's attendance at religious services.
(6) Not to be locked in any room, building or
center premises by day or night.
(A) The
licensee is not prohibited by this provision from locking exterior doors and
windows or from establishing rules for the protection of children provided the
children are able to exit the center.
(B) The licensee shall obtain prior approval
from the Department to utilize means other than those specified in (A) above
for securing exterior doors and windows.
(7) Not to be placed in any restraining
device. Postural supports may be used as specified in Section
101223.1.
(8) To receive or reject medical care, or
health-related services, except for minors for whom a guardian, conservator or
other legal authority has been appointed.
(b) The center shall inform each child's
authorized representative of the rights specified in (a)(1) through (8) above.
(1) The center shall give each authorized
representative a copy of the Personal Rights form (LIC 613A [9/96]).
(A) Each authorized representative shall be
asked to sign and date the acknowledgment-of-receipt statement at the bottom of
the LIC 613A (9/96). This documentation shall be kept in the child's
file.
(2) The center
shall post a copy of the LIC 613A (9/96) in a prominent, publicly accessible
area in the center.
(c)
The licensee shall ensure that each child is accorded the personal rights
specified in this section.
Notes
2. Amendment of section, including renumbering of subsections (a)(7)(A)-(E) to new section 101223.1(a)(1)-(5), filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
Note: Authority cited: Section 1596.81, Health and Safety Code. Reference: Sections 1596.72, 1596.73, 1596.81 and 1597.05, Health and Safety Code.
2. Amendment of section, including renumbering of subsections (a)(7)(A)-(E) to new section 101223.1(a)(1)-(5), filed 9-14-98; operative 11-1-98 (Register 98, No. 38).
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