This text of New York § 41.41 (Rights of persons with developmental disabilities) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 41.41 Rights of persons with developmental disabilities.\n 1. Each person who resides in a community residence has the same basic\nand legal rights as all other persons of the same age. Such rights are\nin no way diminished by the fact that such persons who have a\ndevelopmental disability live in a community residence.\n 2. In order to ensure that such residents are able to lead a life of\ndignity, the commissioner shall include in rules and regulations\npromulgated for community residence a statement of the rights of persons\nliving in such community residences which shall include, but not be\nlimited to:\n (a) The right to request an alternative residential setting, either a\nnew residence or change in roommates, and to be involved in decisions\nregarding such changes.\n (b) The r
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§ 41.41 Rights of persons with developmental disabilities.\n 1. Each person who resides in a community residence has the same basic\nand legal rights as all other persons of the same age. Such rights are\nin no way diminished by the fact that such persons who have a\ndevelopmental disability live in a community residence.\n 2. In order to ensure that such residents are able to lead a life of\ndignity, the commissioner shall include in rules and regulations\npromulgated for community residence a statement of the rights of persons\nliving in such community residences which shall include, but not be\nlimited to:\n (a) The right to request an alternative residential setting, either a\nnew residence or change in roommates, and to be involved in decisions\nregarding such changes.\n (b) The right to privacy, and sufficient space for personal\nbelongings.\n (c) The right to receive visits by families, friends and guardians and\nto make such visits; such right includes the right to privacy during\nsuch visits.\n (d) The right to receive and send communications freely.\n (e) The right to be free from physical or psychological restraints or\npressure, subject to the provisions of section 33.04 of this chapter.\n (f) The right to engage in appropriate activities although some risk\nmay be involved.\n (g) The right to a balanced and nutritious diet.\n (h) The right to appropriate medical and dental care and the right,\neither personally or through parents or guardians, in the choice of\nphysician and dentist.\n (i) The right to appropriate clothing for age and season, and the\nright to be involved in the selection.\n (j) The right to meaningful and productive activities within his or\nher capacity.\n (k) The right to be informed regularly of their financial status and\nto be provided assistance in the use of their resources, as appropriate.\n (l) The right to the use of their personal money and property.\n (m) The right of access to meaningful recreation and community\nprograms, and the right to participate in the planning of such\nactivities.\n (n) The right to participate in the religion of their choice, on an\nindividual as well as a group basis.\n (o) The right to receive assistance and guidance from staff.\n (p) The right to vote; and the right to participate in activities that\neducate persons with developmental disabilities in their civic\nresponsibilities.\n (q) The right to participate with staff in the establishment of house\nrules.\n (r) The right of the resident, their parents or guardians, to be\ninformed of the resident's rights under law and regulation, and the\nguaranty that such rights shall not be abridged.\n (s) The right of the residents, their parents or guardians to express\ngrievances, concerns and suggestions, without fear of reprisal.\n