Alabama Department of Mental Health Division of Developmental Disabilities

1. PROMOTING AND PROTECTING RIGHTS Alabama Department of Mental Health Division of Developmental Disabilities

2. Human Rights Committee Required by: • Administrative Code Chapter 580-3-26 • DD Administrative Code Chapter 580-5-33 • DDD Behavioral Services Procedural Guidelines All certified community service providers shall establish and maintain, or have access to, a Human Rights Committee to serve in an advisory capacity to community program directors on rights-related issues.

3. Committee Composition • The HRC shall be appointed by, and serve at the pleasure of the community program director. • The HRC shall be composed of a majority of individuals that are not employed by the program. NOTE: For agencies that share a HRC, the majority of members cannot be agency employees. • The HRC Chairperson and Co-Chairperson shall not be agency employees.

4. The HRC shall be composed of a representative from each of the following groups: • Individuals currently being supported and/or individuals who were formerly supported. • Family members of individuals being supported. 3. Representative from community support and Advocacy Organizations. 4. Local officials. 5. Citizens at large. 6. Performance Improvement/Quality Enhancement staff (Ex-Officio).

5. CONFIDENTIALITY HRC members are required to sign a statement, prohibiting them from disclosing confidential information to others except in the performance of HRC functions and duties.

6. HRC OPERATIONAL DUTIES The HRC shall perform the following: • Elect a Chairperson, Co-Chairperson and Secretary to carry out duties in an orderly fashion. • Develop policies and procedures necessary to perform duties and responsibilities. • Meet at least quarterly. • Keep minutes of all meetings and maintain related correspondence. • Report all committee activities and recommendations to the program director.

7. HRC ACTIVITIES HRC activities will include, but not be limited to: • Reviewing any proposed rights restriction; • Reviewing any rights restriction periodically, but at least annually; • Reviewing rights-related issues in Behavior Support Plans; • Reviewing Psychotropic Medication Plans; • Reviewing research proposals involving human participants; • Reviewing reports of substantiatedallegations of abuse, neglect, mistreatment and exploitation;

8. HRC ACTIVITIES continued: • Reviewing rights-related policies and procedures; • Reviewing the frequencies and reasons surrounding the use of restraint; • Promoting rights-related education and training programs; • Assisting in monitoring activities; • Advising the program administrator on individual rights-related grievances; • Making recommendations to the agency for promoting people’s rights; • Proactively promoting and protecting people’s rights.

9. Due Process • Safe and Humane Environment • Protection from Harm • Privacy/Confidentiality • Freedom of Movement • Personal Possessions • Communications and Social Contact • Least Restrictive Conditions The HRC might be asked to review proposed restrictions that include, but are not limited to the following rights:

10. DUE PROCESS Due process is defined as providing people supported, and their legally authorized representatives, with a fair process requiring, at least, an opportunity to present objections to the proposed action being contemplated. Due process, including review by a HRC, is implemented when it is proposed that a person’s rights be restricted for any reason. When any restrictions are being proposed for a person, the person is supported to attend and provide input at the HRC meeting in which the proposed restriction is being reviewed.

11. WHAT IS A RIGHTS RESTRICTION? Restriction means anything that limits or prevents a person from freely exercising his/her rights. Something is usually considered restrictive if it impedes the enjoyment of general liberties that are available to all citizens.

12. With any program that causes a rights restriction, it is implied that: • The restriction is temporary; • The restriction is defined with specific criteria that state under what circumstances it will be used; • The program is paired with learning/training components to assist the person in the eventual removal of the restriction; • The restriction is removed upon reaching clearly defined objectives. • The continued need for the Restriction is reviewed at leastquarterly by the QDDP or more often upon request of the person whose rights are restricted.

13. When reviewing a proposed rights restriction, the HRC should ask: • What, if any, lesser restrictive interventions have been tried? • Is the current proposal the least restrictive and most therapeutic? • Is the intervention truly in the best interest of the person?

14. REMEMBER • The HRC plays an important role by providing a third party review process to safeguard rights. • The HRC is not a “rubber stamp” that approves anything and everything that is presented to it for review. • HRC members should be advocates who promote rights, not restrictions.

15. Have Questions? Contact Regional DMH Quality Enhancement Staff Region I Patricia Bailey 256-552-3712 Region II Mike Horshok 205-247-3158 Region III Jean Long 251-478-2770 Region IV Diane Porter 334-514-4273 Region V Kimberly Morrissette205-943-2052