Section 52.31. Resident rights and grievance procedure.

 

(1)   Applicability.

(a) Residents receiving services for a mental illness, alcohol or drug abuse or a developmental disability have the patient rights under s. 51.61 , Stats., and ch. DHS 94 and shall have access to grievance resolution procedures that meet standards set out in subch. III of ch. DHS 94 . Other residents receiving treatment services under this chapter who are not specifically identified as coming under s. 51.61 , Stats., and ch. DHS 94 shall have rights that are comparable and access to grievance resolution procedures that are comparable.

(b) A resident's rights under this section are subject to the rights, duties and responsibilities of the resident's parent or guardian and legal custodian, if any. A resident's rights are also subject to the terms and conditions of any court order or other lawful authority governing the conduct of the resident and subject to any limitations or denial of a right allowed under s. 51.61 , Stats., ch. DHS 94 and this section.

(c) Center staff at the time of a resident's admission or within 48 hours after admission shall give the resident, if able to understand, and the resident's parents or guardian and legal custodian, if any, an explanation, both orally and in writing, of resident rights under s. 51.61 , Stats., ch. DHS 94 and this section.

(2)   Compliance assurance. The center director shall ensure that all staff who work with residents are aware of the requirements of this section. The director shall also ensure that staff are aware of the requirements of s. 48.78 or 938.78 , Stats., s. 51.30 , Stats., and ch. DHS 92 on confidentiality and s. 51.61 , Stats., and ch. DHS 94 on patient rights and the rights otherwise accorded under this section and the criminal and civil penalties for violating those statutes and rules. The rights and grievance procedures shall be posted in a conspicuous location in each living unit in the center.

History: Cr. Register, February, 2000, No. 530 , eff. 9-1-00; corrections made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 .