Communication, Visitation and Exercise of Civil Rights

All patients in mental health treatment facilities have certain rights. The purpose of this document is to briefly explain those rights and when they can or cannot be limited.

(1) To communicate with persons, inside or outside the facility, and to have access to reasonable amounts of letter writing material and postage;

(2) To receive visitors at all reasonable times;

(3) To wear your own clothes;

(4) To keep and use your own personal possessions including toilet articles, except those articles that my be considered dangerous, e.g., razors, mirrors, etc.

(5) To keep and be allowed to spend a reasonable sum of your own money for canteen expenses and small purchases;

(6) To have access to individual storage space for your private use;

(7) To refuse specific modes of treatment except in an emergency or if a court has determined you lack the capacity to make informed decisions about treatment;

(8) To be visited by your attorney at all times;

(9) To exercise all civil rights without limitations, including the right to dispose of property (except the personal property currently in your possession), enter into contracts, make purchases, and vote unless limited by prior court order;

(10) To have reasonable access to all records concerning yourself;

(11) To communicate by sealed mail with the court which ordered your commitment;

(12) To have any money found on your person sent to the facility by the committing court and held in trust (subject to payment of authorized expenses at the facility) with receipt of an accounting and payment of remaining funds upon discharge;

(13) To receive humane care and treatment such as adequate food, shelter, clothing, safety and medical treatment; and

(14) To be free from mechanical restraints and isolation unless these are determined to be necessary for your safety or the safety of others.

LIMITATIONS can be imposed on these rights listed above, except for numbers 8, 9, and 13. Limitations are generally imposed for reasons of safety, effective treatment, and/or operation of the hospital. If one of these rights is denied or limited, the facility must explain the reason for the denial in your treatment record, and if you are committed, a copy of that reason must be sent to your committing court and your spouse, guardian or next of kin and attorney.

TO HELP YOU PROTECT THESE RIGHTS, it has been determined by a court that you have the right of "access to the courts." This means you have a right to access legal information and an attorney provided free by the facility to assist you with preparing complaints or petitions (and responding to the other side's answers) to be filed with the court regarding rights violations. Ask the facility's staff for information on this right.