Rights for Adult Home Residents Proposed

Developments in Mental Health Law, October-December 1983 | Go to article overview

Rights for Adult Home Residents Proposed


In an effort to increase the protection of the rights of adult homes residents in Virginia, Delegate Mary Marshall is expected to introduce in the 1984 General Assembly a bill describing the "rights and responsibilities of residents of homes for adults." The text of an early draft of that bill is reproduced below.

The licensed "home for adults" in Virginia is a board and care residential facility for mentally or physically disabled adults who do not require nursing home care. With increasing frequency, it is utilized as a community placement, funded with the residents' Supplemental Security Income benefits, for persons who have been or are at risk of being placed in state mental health and mental retardation facilities.

Adult homes are currently subject to a formulation of residents' rights contained in the regulations of the state Department of Social Services, the agency responsible for licensing adult homes. The proposed legislation would reformulate these rights and express them as statutory provisions, rather than as regulations.

As noted elsewhere in this issue, the State Board of Mental Health and Mental Retardation is now considering extending to clients of community programs licensed or funded by DMHMR a level of protection of clients' rights comparable to that enjoyed by residents of state mental health and mental retardation facilities. If promulgated, however, these DMHMR community regulations will not serve former residents of DMHMR facilities who are placed in nursing homes (which are regulated by the Department of Health) or licensed adult homes (which are regulated by the Department of Social Services and are the subject of Delegate Marshall's bill).

Depending on how the community facility is characterized by state agencies, the fights of a recently discharged resident of a state facility might be governed by federal regulations, Department of Social Services regulations, Department of Health Regulations, or Department of Mental Health and Mental Retardation regulations. The rights of persons residing in these facilities vary significantly both in the descriptions of the substantive rights and the procedures established for enforcing those rights.

Some concern has been expressed that investment capital will favor facilities with the lowest level of fights protection and, consequently, that disabled persons, including former residents of state facilities, will tend to be placed in increasingly less protective settings.

The Proposed Legislation

A BILL to amend the Code of Virginia, by adding in Article 1 of Chapter 9 of Title 63.1 a section numbered 63.1-182.1, and to repeal [section] 63.1-173.1 of the Code of Virginia, relating to the fights and responsibilities of residents of homes for adults.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 1 of Chapter 9 of Title 63.1 a section numbered 63.1-182.1 as follows:

[section]63.1-182.1. Rights and responsibilities of residents of homes for adults; certification of licensure.--A. Any resident of a home for adults has the rights and responsibilities enumerated in this paragraph. The operator or administrator of a home for adults shall establish written policies and procedures to ensure that, at the minimum, each person who becomes a resident of such home for adults:

1. Is fully informed, prior to or at the time of admission and during the resident's stay, of his rights and of all rules and expectations governing the resident's conduct, responsibilities, and the terms of the admission agreement; evidence of this shall be the resident's written acknowledgement of having been so informed, which shall be filed in his record;

2. Is fully informed, prior to or at the time of admission and during the resident's stay, of services available in the home and of any related charges; this shall be reflected by the resident's signature on a current resident's agreement retained in the resident's file;

3. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Rights for Adult Home Residents Proposed
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.