2019 New York Laws
MHY - Mental Hygiene
Title E - General Provisions
Article 41 - Local Services
41.41 - Rights of Persons With Developmental Disabilities.

§ 41.41 Rights of persons with developmental disabilities.
  1. Each person who resides in a community residence has the same basic
and  legal  rights as all other persons of the same age. Such rights are
in no  way  diminished  by  the  fact  that  such  persons  who  have  a
developmental disability live in a community residence.
  2.  In  order to ensure that such residents are able to lead a life of
dignity,  the  commissioner  shall  include  in  rules  and  regulations
promulgated for community residence a statement of the rights of persons
living  in  such  community  residences  which shall include, but not be
limited to:
  (a) The right to request an alternative residential setting, either  a
new  residence  or  change in roommates, and to be involved in decisions
regarding such changes.
  (b)  The  right  to  privacy,  and  sufficient  space   for   personal
belongings.
  (c) The right to receive visits by families, friends and guardians and
to  make  such  visits;  such right includes the right to privacy during
such visits.
  (d) The right to receive and send communications freely.
  (e) The right to be free from physical or psychological restraints  or
pressure, subject to the provisions of section 33.04 of this chapter.
  (f)  The  right to engage in appropriate activities although some risk
may be involved.
  (g) The right to a balanced and nutritious diet.
  (h) The right to appropriate medical and dental care  and  the  right,
either  personally  or  through  parents  or guardians, in the choice of
physician and dentist.
  (i) The right to appropriate clothing for  age  and  season,  and  the
right to be involved in the selection.
  (j)  The  right  to meaningful and productive activities within his or
her capacity.
  (k) The right to be informed regularly of their financial  status  and
to be provided assistance in the use of their resources, as appropriate.
  (l) The right to the use of their personal money and property.
  (m)  The  right  of  access  to  meaningful  recreation  and community
programs,  and  the  right  to  participate  in  the  planning  of  such
activities.
  (n)  The  right  to participate in the religion of their choice, on an
individual as well as a group basis.
  (o) The right to receive assistance and guidance from staff.
  (p) The right to vote; and the right to participate in activities that
educate  persons  with  developmental  disabilities   in   their   civic
responsibilities.
  (q)  The right to participate with staff in the establishment of house
rules.
  (r) The right of the resident,  their  parents  or  guardians,  to  be
informed  of  the  resident's  rights  under law and regulation, and the
guaranty that such rights shall not be abridged.
  (s) The right of the residents, their parents or guardians to  express
grievances, concerns and suggestions, without fear of reprisal.