Residential

Client Rights Policy and Grievance Procedure

5122-30-22 (D) Residential Rights

1. Each consumer residing in Edgerton, Maggie Carroll Smith, and Reymann group homes is informed of these rights

a. The right to receive humane services in a comfortable, welcoming, stable and supportive environment; and

b. The right to retain personal property and possessions, including a reasonable sum of money, consistent with the person’s health, safety, service plan and developmental age;

c. The right to reside in a residential facility, as available and appropriate to the type of care or services that the facility is licensed to provide, regardless of previous residency, unless there is a valid and specific necessity which precludes such residency.  This necessity shall be documented and explained to the prospective resident.

d. The right to receive thirty days prior notice for termination of residency in type 2 and 3 residential facilities except in an emergency; and

e. The right to vacate the facility at any time, except that the responsibility to pay for incurred costs of room and board shall continue unless appropriate notification has been provided to the facility concerning the termination of the residential agreement.

2. Development of Service Plans

The right to formulate advance directives, submit them to residential staff and rely on practitioners to follow them when within the parameters of the law.

3. Labor of Residents

The right not to be compelled to perform labor which involves the operation, support, or maintenance of the facility for which the facility is under contract with an outside organization.  Privileges or release from the facility shall not be conditional upon the performance of such labor.  (Residents still may have daily chores).

4. Decline or Consent to Services

a. The right to consent to or refuse the provision of any individual personal care     activity and/or mental health services in a type 1 and type 2 facility;

b. The right to refuse consent for major aversive intervention as defined in Ohio Revised Code 5122-26-16 governing seclusion and restraint.

c. The right to decline medication, except in a type 1 facility which employs staff authorized by the Ohio Revised Code to administer medication and when there is imminent risk of physical harm to self or others.

5. Privacy, Dignity, Worship and Social Interaction

The right to enjoy freedom of thought, conscience, and religion; including religious worship within the facility, and services or sacred texts that are within the reasonable capacity of the facility to supply, provided that no resident shall be coerced into engaging in any religious activities.

6. Private Conversation and Access to Phone, Mail and Visitors – Adults

a. The right of an adult to reasonable privacy and the freedom to meet with visitors, guests or inspectors and make and or receive phone calls;

b. The right of an adult to write or receive uncensored, unopened correspondence subject to the facility’s rules regarding contraband.

7. Private Conversation and Access to Phone, Mail and Visitors – Minors

a. The right of a minor in a type 1 or type 2 facility to meet with surveyors, and the right to communicate with family, guardian, custodian, friends and significant others outside the facility in accordance with the minor’s individualized service plan.

b. The right of a minor in a type 1 or type 2 facility to send or receive mail subject to the facility’s rules regarding contraband and directives from the parent or legal custodian, when such rules and directives do not conflict with federal postal regulations.

8. Private Conversation and Access to Phone, Mail and Visitors – All

a. The right to communicate freely with and be visited at reasonable times by private counsel or personnel of the legal rights service and, unless prior court restriction has been obtained, to communicate freely with and be visited at reasonable times by a personal physician or psychologist;

b. The right to communicate freely with others, unless specifically restricted in the resident of a type 1 facility’s treatment plan for reasons that advance the person’s goals, including, without limitation, the following:

(i) The right to receive visitors at reasonable times
(ii) The right to have reasonable access to telephones to make and receive confidential calls, including a reasonable number of free calls if unable to pay for them and assistance in calling if requested and needed and:

c. The right to have ready access to letter writing materials, including a reasonable number of stamps without cost if unable to pay for them, and to mail and receive unopened correspondence and assistance in writing if requested and needed subject to the facility’s rules regarding contraband.

9. Notification to Family or Physician:

The right to have a physician, family member, or representative of the resident’s choice notified promptly upon admission to a facility.


TO FILE A GRIEVANCE

1. The griever contacts the Client Rights Advocate or any other staff person to assist him or her in writing the grievance.  Forms are available in the lobbies of 150 Cross Street and 640 Wolf Ledges and in the Client Rights Assistants’ offices at the Edgerton Group Home (Beverly Saunders), Maggie Carroll Smith Group Home (Linda Marcinko) and Reymann Group Home (Pat Henderson).

The Client Rights Advocate for Community Support Services, Inc. is:
Bruce Winer
640 Wolf Ledges
Akron, OH  44311
Phone:  330.253.9388, ext. 461
Hours:  8:30 a.m. to 4:30 p.m., Monday through Friday

Every effort will be made toward prompt accessibility of the Client Rights Officer.

2. With full knowledge of the availability of grievance procedures and client rights, a client may request a staff member, such as his or her counselor or CPST worker, to assist in documentation of an issue of concern.

3. If the complaint can be managed by the Client Rights Assistant within two (2) working days, the complaint action stops and the client is notified of that resolution.

4. The Client Rights Advocate receives a copy of all client complaints and their resolutions.

5. When the complaint is not manageable by the Client Rights Assistant, or the complaint alleges violation of an item included in the Client Rights and Grievance Procedures, a formal grievance is filed with the Client Rights Advocate.

6. The Client Rights Advocate will attempt to resolve the grievance on behalf of the client, within three (3) working days.

7. When the Client Rights Advocate, or the client, feels that a further type of intervention is necessary, the Client Rights Advocate and the Program Director responsible for the service being grieved will investigate the situation and attempt to resolve the grievance within five (5) working days of the filing of the grievance.

8. At the end of the five (5) day period, the resolution of the grievance must be communicated in writing to the griever, by the Client Rights Advocate.

9. If the grievance is not resolved satisfactorily, the griever may request that the written grievance be submitted within three (3) working days to the Chief Executive Officer of Community Support Services, Inc.

10. The Chief Executive Officer, as an impartial observer, will meet with the client in an attempt to resolve the grievance.  If the grievance is resolved at this point, the client receives a written copy of the resolution.

11. If the client is still not satisfied, the Chief Executive Officer will convene a hearing about the complaint.  The complainant may request agency or legal representation at this hearing and may bring witnesses.  The Chief Executive Officer, or Client Rights Advocate, and either one Client Rights Assistant, the Vice President of Rehabilitation Services or the County of Summit Alcohol, Drug Addiction and Mental Health Services Board Client Rights Coordinator will comprise the hearing committee.  If the complainant is someone other that the client, any client specifically involved in the grievance process must sign a release.  At the end of the hearing, the Client Rights Advocate will respond in writing to the client.

12. At whatever point the grievance is resolved, the Client Rights Advocate will respond in writing to the client about the resolution of the grievance.  The final response must occur within twenty (20) working days of the initial filing of the grievance.

13. At any point in the proceedings, the client may ask to meet with those involved in the resolution of the grievance.

14. If at any point, the griever is not satisfied, he or she has the option to register a complaint with:

RESOURCE LIST
January 24, 2012

Client Rights Coordinator
County of Summit Alcohol, Drug Addiction and Mental Health Services Board
100 W. Cedar St. Suite 300
Akron, OH  44307
330-762-3500 or 330-564-4053
FAX:  330-252-3024
Ohio Relay:  1-800-750-0750
dentona@admboard.org
Ohio Chemical Dependency Professionals Board
Riffe Center
77 S. High St. 16th Floor
Columbus, OH 43215
614-387-1110
FAX:  614-387-1109
www.ocdp.ohio.gov
Ohio Legal Rights
50 W. Broad St., Suite 1400
Columbus, OH  43215-5923
614-466-7264
1-800-282-9181 (Ohio only)
FAX:  614-644-1888
TTY: 614-728-2553
TTY: 1-800-858-3542
www.olrs.ohio.gov
Ohio Counselor, Social Work and Marriage and Family Therapist Board
50 W. Broad St. Suite 1075
Columbus, OH  43215-5919
614-466-0912
FAX:  614-728-7790
www.cswmft.ohio.gov
Ohio Department of Alcohol & Drug Addiction Services
30 W. Spring St. 6th Floor
Columbus, OH  43215-2241
614-466-3445
TDD: 614- 644-9140
FAX:614-752-8645
www.odadas.state.oh.us
Ohio Medical Board
30 E. Broad St., 3rd Floor
Columbus, OH  43215-6127
614-466-3934
800-554-7717
FAX:  614-728-5946
Complaint forms: 800-554-7717
Licensure verification: 800357-7720
www.med.ohio.gov


Ohio Department of Mental Health
Client Advocacy Coordinator
30 E. Broad St., 8th Floor
Columbus, OH 43215-3430
614-466-2596
877-275-6364 (for consumers and families)
FAX:  614-466-1571
TTY:  614-752-9696
www.mh.state.oh.us
Ohio Civil Rights Commission
Akron Regional Office
161 S. High St., Suite 205
Akron, OH 44308-1602
330-643-3100
Toll Free:  1-888-278-7101
330-643-1488 (TTY)
www.crc.ohio.gov
Ohio Attorney General’s Office
Medicaid Fraud Unit
150 East Gay St., 17th Floor
Columbus, OH 43215
614-466-0722
800-282-0515
TTY: 614-466-1393
FAX: 614-644-9973
www.ohioattorneygeneral.gov
Ohio Board of Psychology
77 S. High St., Suite 1830
Columbus, OH  43215-6108
614-466-8808
FAX:  614-728-7081
Toll Free:  877-779-7446
www.psychology.ohio.gov
Ohio Board of Nursing
17 S. High St.  Suite 400
Columbus, OH  43215-7410
614-466-3947
FAX:  614-466-0388
www.nursing.ohio.gov

Americans With Disabilities Act (ADA Ohio)
700 Morse Rd. Suite 220
Columbus, OH  43214
614-844-5410
FAX: 614-844-5537
www.ada-ohio.org
Client Assistance Program for Vocational Rehabilitation
C/O Ohio Legal Rights
50 W. Broad St., Suite 1400
Columbus, OH  43215-5923
614-466-7264
800-282-9181
TTY:  614-728-2553
TTY:  800-858-3542
FAX: 614-644-1888
www.olrs.ohio.gov
Equal Employment Opportunity Commission
Cleveland District Office
A.J. Celebrezze Federal Building
1240 E. 9th Street, Suite 3001
Cleveland, OH  44199
800-669-4000
TTY:  800-669-6820
FAX 216-522-7395
www.eeoc.gov

Ohio Department of Jobs & Family Services
Ombudsman
30 E. Broad St., 32nd Floor
Columbus, OH 43215
614-466-2100
1-877-852-0010
www.jfs.oh.gov
Office of the Americans With Disabilities
U.S. Department of Justice
950 Pennsylvania Ave. N.W.
Civil Rights Division
Disability Rights Section - NYA
Washington, D.C. 20530-0001
ADA Info Line 800-514-0301 (V)
                         800-514-0383 (TDD)
FAX: 202-307-1197
www.ada.gov




Ohio Governor’s Council on People With Disabilities
150 E. Campus View Blvd.
Columbus, OH  43235-4604
614-438-1393 ext. 1393 (Voice/TTD)
800-282-4536  Ext. 1393
FAX: 614-985-8967
www.gcpd.ohio.gov
US Department of Health and Human Services
Office for Civil Rights Regional Office
233 N. Michigan Ave., Suite 240
Chicago, IL  60601
312-886-2359
TDD: 312-353-5693
FAX:  312-886-1807
www.hhs.gov/ocr
Ohio Department of Health
Division of Performance Improvement
246 N. High St. 7th floor
Columbus, OH  43215
614-752-5112   
FAX: 614-644-8526
TTY: 614-728-9169
www.odh.ohio.gov

NAMI Ohio
747 East Broad St.
Columbus, OH 43205
614-224-2700
800-686-2646
TTY:  614-224-1498
Toll Free TTY:  866-924-1478
FAX: 614-224-5400
www.namiohio.org

15. If the griever contacts one of the outside entities above, all relevant information about the grievance shall be provided, upon request, to one or more of those organizations.

16. Written copies of the grievance procedure are located in the lobbies of 150 Cross Street and 640 Wolf Ledges, and in the staff offices at Edgerton, Maggie Carroll Smith, and Reymann group homes.  A written copy of the grievance procedure is available to anyone upon request by contacting the Client Rights Advocate.

17. When the Client Rights Advocate is the subject of the grievance, please contact James Roberts, Clinical Team Leader.

18. Each staff person, including administrative, clerical and support staff has a clearly understood, specified, continuing responsibility to immediately advise any client or any other person who is articulating a concern, complaint or grievance, about the name and availability of the agency’s Client Rights Advocate and the complainant’s right to file a grievance.

19. The agency Chief Executive Officer shall authorize the Client Rights Advocate to take all necessary steps to assure compliance with the grievance procedure.

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Community Support Services, Inc.
150 Cross Street Akron, Ohio 44311
(330) 253-9388

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