State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_122C > GS_122C-62

§122C‑62.  Additional rights in 24‑hour facilities.

(a)        In addition to therights enumerated in G.S. 122C‑51 through G.S. 122C‑61, each adultclient who is receiving treatment or habilitation in a 24‑hour facilitykeeps the right to:

(1)        Send and receive sealedmail and have access to writing material, postage, and staff assistance whennecessary;

(2)        Contact and consultwith, at his own expense and at no cost to the facility, legal counsel, privatephysicians, and private mental health, developmental disabilities, or substanceabuse professionals of his choice; and

(3)        Contact and consultwith a client advocate if there is a client advocate.

The rights specified in thissubsection may not be restricted by the facility and each adult client mayexercise these rights at all reasonable times.

(b)        Except as providedin subsections (e) and (h) of this section, each adult client who is receivingtreatment or habilitation in a 24‑hour facility at all times keeps theright to:

(1)        Make and receiveconfidential telephone calls. All long distance calls shall be paid for by theclient at the time of making the call or made collect to the receiving party;

(2)        Receive visitorsbetween the hours of 8:00 a.m. and 9:00 p.m. for a period of at least six hoursdaily, two hours of which shall be after 6:00 p.m.; however visiting shall nottake precedence over therapies;

(3)        Communicate and meetunder appropriate supervision with individuals of his own choice upon theconsent of the individuals;

(4)        Make visits outsidethe custody of the facility unless:

a.         Commitmentproceedings were initiated as the result of the client's being charged with aviolent crime, including a crime involving an assault with a deadly weapon, andthe respondent was found not guilty by reason of insanity or incapable ofproceeding;

b.         The client wasvoluntarily admitted or committed to the facility while under order ofcommitment to a correctional facility of the Department of Correction; or

c.         The client is beingheld to determine capacity to proceed pursuant to G.S. 15A‑1002;

A courtorder may expressly authorize visits otherwise prohibited by the existence ofthe conditions prescribed by this subdivision;

(5)        Be out of doorsdaily and have access to facilities and equipment for physical exercise severaltimes a week;

(6)        Except as prohibitedby law, keep and use personal clothing and possessions, unless the client isbeing held to determine capacity to proceed pursuant to G.S. 15A‑1002;

(7)        Participate inreligious worship;

(8)        Keep and spend areasonable sum of his own money;

(9)        Retain a driver'slicense, unless otherwise prohibited by Chapter 20 of the General Statutes; and

(10)      Have access toindividual storage space for his private use.

(c)        In addition to therights enumerated in G.S. 122C‑51 through G.S. 122C‑57 and G.S.122C‑59 through G.S. 122C‑61, each minor client who is receivingtreatment or habilitation in a 24‑hour facility has the right to haveaccess to proper adult supervision and guidance. In recognition of the minor'sstatus as a developing individual, the minor shall be provided opportunities toenable him to mature physically, emotionally, intellectually, socially, andvocationally. In view of the physical, emotional, and intellectual immaturityof the minor, the 24‑hour facility shall provide appropriate structure,supervision and control consistent with the rights given to the minor pursuantto this Part. The facility shall also, where practical, make reasonable effortsto ensure that each minor client receives treatment apart and separate fromadult clients unless the treatment needs of the minor client dictate otherwise.

Each minor client who isreceiving treatment or habilitation from a 24‑hour facility has the rightto:

(1)        Communicate andconsult with his parents or guardian or the agency or individual having legalcustody of him;

(2)        Contact and consultwith, at his own expense or that of his legally responsible person and at nocost to the facility, legal counsel, private physicians, private mental health,developmental disabilities, or substance abuse professionals, of his or hislegally responsible person's choice; and

(3)        Contact and consultwith a client advocate, if there is a client advocate.

The rights specified in thissubsection may not be restricted by the facility and each minor client mayexercise these rights at all reasonable times.

(d)        Except as providedin subsections (e) and (h) of this section, each minor client who is receivingtreatment or habilitation in a 24‑hour facility has the right to:

(1)        Make and receive telephonecalls. All long distance calls shall be paid for by the client at the time ofmaking the call or made collect to the receiving party;

(2)        Send and receivemail and have access to writing materials, postage, and staff assistance whennecessary;

(3)        Under appropriatesupervision, receive visitors between the hours of 8:00 a.m. and 9:00 p.m. fora period of at least six hours daily, two hours of which shall be after 6:00p.m.; however visiting shall not take precedence over school or therapies;

(4)        Receive specialeducation and vocational training in accordance with federal and State law;

(5)        Be out of doorsdaily and participate in play, recreation, and physical exercise on a regularbasis in accordance with his needs;

(6)        Except as prohibitedby law, keep and use personal clothing and possessions under appropriatesupervision, unless the client is being held to determine capacity to proceedpursuant to G.S. 15A‑1002;

(7)        Participate inreligious worship;

(8)        Have access toindividual storage space for the safekeeping of personal belongings;

(9)        Have access to andspend a reasonable sum of his own money; and

(10)      Retain a driver'slicense, unless otherwise prohibited by Chapter 20 of the General Statutes.

(e)        No right enumeratedin subsections (b) or (d) of this section may be limited or restricted exceptby the qualified professional responsible for the formulation of the client'streatment or habilitation plan. A written statement shall be placed in theclient's record that indicates the detailed reason for the restriction. Therestriction shall be reasonable and related to the client's treatment orhabilitation needs. A restriction is effective for a period not to exceed 30days. An evaluation of each restriction shall be conducted by the qualified professionalat least every seven days, at which time the restriction may be removed. Eachevaluation of a restriction shall be documented in the client's record.Restrictions on rights may be renewed only by a written statement entered bythe qualified professional in the client's record that states the reason forthe renewal of the restriction. In the case of an adult client who has not beenadjudicated incompetent, in each instance of an initial restriction or renewalof a restriction of rights, an individual designated by the client shall, uponthe consent of the client, be notified of the restriction and of the reason forit. In the case of a minor client or an incompetent adult client, the legallyresponsible person shall be notified of each instance of an initial restrictionor renewal of a restriction of rights and of the reason for it. Notification ofthe designated individual or legally responsible person shall be documented inwriting in the client's record.

(f)         The Commission mayadopt rules to implement subsection (e) of this section.

(g)        With regard toclients being held to determine capacity to proceed pursuant to G.S. 15A‑1002or clients in a facility for substance abuse, and notwithstanding the priorprovisions of this section, the Commission may adopt rules restricting therights set forth under (b)(2), (b)(3), and (d)(3) of this section ifrestrictions are necessary and reasonable in order to protect the health,safety, and welfare of the client involved or other clients.

(h)        The rights stated insubdivisions (b)(2), (b)(4), (b)(5), (b)(10), (d)(3), (d)(5) and (d)(8) may bemodified in a general hospital by that hospital to be the same as for otherpatients in that hospital; provided that any restriction of a specific client'srights shall be done in accordance with the provisions of subsection (e) ofthis section. (1973, c. 475, s. 1; c. 1436, ss. 2‑5, 8; 1985,c. 589, s. 2; 1989, c. 625, s. 10; 1995, c. 299, s. 2; 1997‑456, s. 27.)