If convicted of DUII, or if you enter DUII Diversion, you have a right to “participate in the selection of the treatment program,” and it’s not unusual for people to start alcohol treatment voluntarily before meeting with ADES. It’s admirable to do so, it serves public safety goals, and it demonstrates early recognition of an alcohol problem (a consideration for the court in whether to allow DUII Diversion, ORS 813.220(2). Although ADES is not required to agree to the provider you’ve selected, they should — in order to honor your rights listed below.
(1) In addition to all applicable statutory and constitutional rights, every individual receiving services has the right to:
(a) Choose from available services and supports, those that are consistent with the Service Plan, culturally competent, provided in the most integrated setting in the community and under conditions that are least restrictive to the individual’s liberty, that are least intrusive to the individual and that provide for the greatest degree of independence;
(b) Be treated with dignity and respect;
(c) Participate in the development of a written Service Plan, receive services consistent with that plan and participate in periodic review and reassessment of service and support needs, assist in the development of the plan, and to receive a copy of the written Service Plan;
(d) Have all services explained, including expected outcomes and possible risks;
(e) Confidentiality, and the right to consent to disclosure in accordance with ORS 107.154, 179.505, 179.507, 192.515, 192.507, 42 CFR Part 2 and 45 CFR Part 205.50.
(f) Give informed consent in writing prior to the start of services, except in a medical emergency or as otherwise permitted by law. Minor children may give informed consent to services in the following circumstances:
(A) Under age 18 and lawfully married;
(B) Age 16 or older and legally emancipated by the court; or
(C) Age 14 or older for outpatient services only. For purposes of informed consent, outpatient service does not include service provided in residential programs or in day or partial hospitalization programs;
(g) Inspect their Service Record in accordance with ORS 179.505;
(h) Refuse participation in experimentation;
(i) Receive medication specific to the individual’s diagnosed clinical needs;
(j) Receive prior notice of transfer, unless the circumstances necessitating transfer pose a threat to health and safety;
(k) Be free from abuse or neglect and to report any incident of abuse or neglect without being subject to retaliation;
(l) Have religious freedom;
(m) Be free from seclusion and restraint;
(n) Be informed at the start of services, and periodically thereafter, of the rights guaranteed by this rule;
(o) Be informed of the policies and procedures, service agreements and fees applicable to the services provided, and to have a custodial parent, guardian, or representative, assist with understanding any information presented;
(p) Have family and guardian involvement in service planning and delivery;
(q) Make a declaration for mental health treatment, when legally an adult;
(r) File grievances, including appealing decisions resulting from the grievance;
(s) Exercise all rights set forth in ORS 109.610 through 109.697 if the individual is a child, as defined by these rules;
(t) Exercise all rights set forth in ORS 426.385 if the individual is committed to the Authority; and
(u) Exercise all rights described in this rule without any form of reprisal or punishment.
(2) Notification of Rights: The provider must give to the individual and, if appropriate, the guardian, a document that describes the applicable individual’s rights as follows:
(a) Information given to the individual must be in written form or, upon request, in an alternative format or language appropriate to the individual’s need;
(b) The rights, and how to exercise them, must be explained to the individual, and if appropriate, to her or his guardian; and
(c) Individual rights must be posted in writing in a common area.
Stat. Auth.: ORS 161.390, 413.042, 430.256, 426.490 – 426.500, 428.205 – 428.270, 430.640 & 443.450
Stats. Implemented: ORS 109.675, 161.390 – 161.400, 179.505, 413.520 – 413.522, 426.380- 426.395, 426.490 – 426.500, 430.010, 430.205 – 430.210, 430.240 – 430.640, 430.850 – 430.955, 443.400 – 443.460, 443.991, 461.549, 743A.168, 813.010 – 813.052 & 813.200 – 813.270
Hist.: MHS 6-2013(Temp), f. 8-8-13, cert. ef. 8-9-13 thru 2-5-14; MHS 4-2014, f. & cert. ef. 2-3-14
Screening and Referral
(1) Each individual shall be assured the same civil and human rights as other persons. The ADES shall provide services in a manner that protects individual privacy and dignity.
(2) The ADES must provide the rights to the individual in written form or in a requested primary language or other alternative format, explain the rights and respond to the individual’s related questions.
(3) The ADES must place in the individual record the individual’s signed acknowledgement that the individual received these rights.
(4) In addition to all applicable statutory and constitutional rights, every individual receiving services has the right to:
(a) Participate in the selection of the treatment program;
(b) Have the role of the court, treatment program and ADES monitoring process explained where the DUII system is concerned;
(c) Confidentiality and the right to consent to disclosure in accordance with 42 CFR Part 2.
(d) Give informed consent in writing prior to the start of services, except as otherwise permitted by law;
(e) Pursuant to ORS 179.505, inspect all parts of their individual record which originated from the ADES within five working days of the request. The individual must obtain copies of documents which originated from other sources from the original source. The individual may be responsible for the cost of duplication.
(f) Receive prior notice of service conclusion or transfer, unless the circumstances necessitating service conclusion or transfer pose a threat to health and safety;
(g) Be free from harassment, abuse or neglect and to report any incident of harassment, abuse or neglect without being subject to retaliation;
(h) Have religious freedom;
(i) Be informed of the policies and procedures, service agreements and fees applicable to the services provided;
(j) Have a custodial parent, guardian or representative assist with understanding any information presented;
(k) Receive a copy of the ADES’s or demonstration project’s grievance process which shall include the Division and Disability Rights of Oregon telephone numbers. The individual shall:
(A) File a written grievance without any form of reprisal;
(B) Receive a written response to the grievance within 30 days and
(C) File an appeal with the Division if dissatisfied with the ADES’s response.
(l) Exercise all rights described in this rule without any form of reprisal or punishment
Stat. Auth.: ORS 409.410, 413.042
Stats. Implemented: ORS 409.410, 109.675, 179.505, 430.010, 430.205 – 430.210, 430.240 – 430.640, 430.850 – 430.955, 461.549, 743A.168, 813.010 – 813.055 & 813.200 – 813.270
Hist.: ADS 4-2010(Temp), f. & cert. ef. 9-20-10 thru 3-9-11; ADS 2-2011. f. 3-8-11, cert. ef. 3-9-11