Individuals Rights 

Individuals with developmental disabilities in California possess the same rights, protections, and responsibilities as any other citizens under both state and federal laws and the respective constitutions. Unless expressly limited by law, these rights are fully exercisable by individuals with developmental disabilities. These encompass, among others, the following key rights:

 

Access Rights:

  1. Right to Treatment and Habilitation Services: Individuals have the right to receive treatment and habilitation services designed to promote their developmental potential while preserving personal liberty. Such services should be provided under the least restrictive conditions necessary for effective treatment.
  2. Right to Dignity, Privacy, and Humane Care: Every individual has the right to be treated with dignity, respect, and humane care.
  3. Right to Education: Regardless of the extent of their disability, individuals have the right to participate in suitable publicly supported education programs.
  4. Right to Religious Freedom: This includes the right to attend or refrain from attending religious services and to practice one’s faith freely.
  5. Right to Prompt Medical Care: Individuals have the right to timely and appropriate medical care and treatment.
  6. Right to Social Interaction: The right to socialize and engage in community activities is guaranteed.
  7. Right to Physical Exercise and Recreation: Individuals have the right to engage in physical exercise and access recreational opportunities.
  8. Freedom from Harm: This encompasses protection from unnecessary physical restraint, isolation, excessive medication, abuse, neglect, and hazardous procedures.
  9. Advocacy Services: Individuals are entitled to advocacy services to protect and assert their civil, legal, and service rights.
  10. Freedom from Discrimination: Discrimination based on developmental disability is prohibited in any program or activity receiving public funds.
  11. Access to Courts: This right allows individuals to protect their rights, question treatment decisions, inquire into placement conditions, and contest guardianship or conservatorship as needed.

Denial of Rights:

Rights (a) through (g) listed above may only be denied for “GOOD CAUSE.” No other rights may be denied unless authorized by the court system. “GOOD CAUSE” may include situations where exercising the right would be injurious to the individual or others, could seriously infringe on the rights of others, would result in significant damage to the facility, or if there’s no less restrictive means of protecting the interests involved. Rights cannot be denied punitively, and treatment modalities or approaches cannot serve as justifications for denying any right.

Complaint Procedure:

In cases of complaints, the Client Rights Advocate will take action within two working days to investigate and resolve the issue. If the issue remains unresolved, additional administrative procedures are available, and individuals can contact the Client Rights Advocate for assistance.

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All services provided by CA Independent Living are geared towards providing individuals with the necessary tools and resources to develop learned strategies.

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Email

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