1744.23 TREATMENT OF RESIDENTS.

   (a)   Each group home owner, operator, administrator, and care giver shall treat all residents with respect and dignity and shall provide humane, kind, and considerate care and shall ensure the rights of a resident that include all of the following:

      (1)   The right to a safe, healthy, clean and descent living environment;

      (2)   The right to be treated at all times with courtesy and respect, and full recognition of personal dignity and individuality;

      (3)   The right to practice a religion of his or her choice or to abstain from the practice of religion;

      (4)   The right to manage personal financial affairs;

      (5)   The right to retain and use personal clothing;

      (6)   The right to ownership and reasonable use of personal property so as to maintain personal dignity and individuality;

      (7)   The right to participate in activities within the facility and to use the common areas of the facility;

      (8)   The right to engage in or refrain from engaging in activities of his own choosing within reason;

      (9)   The right to private and unrestricted communications, including the right to receive, send, and mail sealed, unopened correspondence, the right to reasonable access to a telephone for private communications, and the right to private visits at any reasonable hour;

      (10)   The right to initiate and maintain contact with the community, including the right to participate in the activities of community groups on his or her initiative or at the initiative of community groups;

      (11)   The right to state grievances to the owner or the manager of the facility, to any governmental agency, or to any other person without reprisal;

      (12)   Prior to becoming a resident, the right to visit the facility alone or with his or her sponsor;

      (13)   The right to retain the services of any health or social services practitioner at his or her own expense;

      (14)   The right to refuse medical treatment or services, or if the resident has been adjudicated incompetent pursuant to Ohio R.C. Chapter 2111 and has not been restored to legal capacity, the right to have his legal guardian make decisions about medical treatment and services for him or her;

      (15)   The right to be free from abuse, neglect, or exploitations;

      (16)   The right to be free from physical restraints;

      (17)   The right not to be deprived of any legal rights solely by reason of residence in a group home;

      (18)   The right to examine records maintained by the group home concerning him or her, upon request;

      (19)   The right to confidential treatment of his or her personal records; and the right to approve or refuse the release of these records to any individual outside the facility except upon transfer to another group home or nursing home, rest home, home for the aging, hospital, or other health care facility or provider, and except as required by law or rule or as required by a third- party payment contract;

      (20)   The right to be informed in writing of the rates charged by the facility as well as any additional charges, and to receive thirty days' notice in writing of any change in the rates and charges;

      (21)   The right to have any significant change in his health reported to his sponsor; and

      (22)   The right to share a room with a spouse, if both are residents of the facility;

      (23)   The right not to be locked out of the facility. If the facility is locked during any portion of the day, each resident shall be provided with a key or a staff member shall be immediately available on the premises to open the door;

      (24)   The right not to be locked in the facility at any time for any reason. All lockable doors shall be capable of being opened from the inside without using a key; and

      (25)   The right not to be isolated or to have food or other services withheld for punishment, incentive, or convenience.

   (b)   Each group home shall assure that residents needing supervision and personal assistance shall receive such care as needed.

   (c)   Each group home shall take all reasonable steps to insure that residents are not physically, sexually or otherwise abused and are free from neglect and exploitation.

   (d)   The telephone numbers of resident advocacy organizations shall be posted near the nonpay telephone.

   (e)   Physical restraint shall not be used on a resident by the staff of a group home except when a resident's actions present an imminent danger to the resident or to others. The duration of such physical restraint shall last only until appropriate action can be taken by police, emergency or medical personnel. The group home shall seek appropriate assistance immediately in such situations. Physical restraint is considered an unusual incident and must be reported.

   (f)   Chemical restraints shall not be used on a resident by any owner, operator or staff member of a group home. This paragraph shall not prohibit a resident from voluntarily taking tranquilizers or other medication prescribed by a licensed physician.

   (g)   Regarding subsections (e) and (f) hereof, when a resident may require physical or chemical intervention as ordered by a licensed physician, the group home must have on file a behavioral management plan submitted by a licensed professional.

(Ord. 98-88. Passed 3-4-98.)