Alabama Department of Mental HealthDivision of Developmental Disabilities

PROMOTING AND

PROTECTING RIGHTS

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.

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.

The HRC shall be composed of a representative from each of the following groups:

1. Individuals currently being supported and/or individuals who were formerly supported.

2. 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).

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.

HRC OPERATIONAL DUTIES

The HRC shall perform the following:

1. Elect a Chairperson, Co-Chairperson and Secretary to carry out duties in an orderly fashion.

2. Develop policies and procedures necessary to perform duties and responsibilities.

3. Meet at least quarterly.4. Keep minutes of all meetings and maintain related correspondence.5. Report all committee activities and recommendations to the program

director.

HRC ACTIVITIES

HRC activities will include, but not be limited to:

1. Reviewing any proposed rights restriction;2. Reviewing any rights restriction periodically, but at least annually;3. Reviewing rights-related issues in Behavior Support Plans;4. Reviewing Psychotropic Medication Plans;5. Reviewing research proposals involving human participants;6. Reviewing reports of substantiated allegations of abuse, neglect,

mistreatment and exploitation;

HRC ACTIVITIES continued:7. Reviewing rights-related policies and procedures;8. Reviewing the frequencies and reasons surrounding the use of

restraint;9. Promoting rights-related education and training programs;10. Assisting in monitoring activities; 11. Advising the program administrator on individual rights-related

grievances; 12. Making recommendations to the agency for promoting people’s rights;13. Proactively promoting and protecting people’s rights.

The HRC might be asked to review proposed restrictions that include, but are not limited to the following rights:

1. Due Process2. Safe and Humane Environment3. Protection from Harm4. Privacy/Confidentiality5. Freedom of Movement6. Personal Possessions7. Communications and Social Contact8. Least Restrictive Conditions

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.

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.

With any program that causes a rights restriction, it is implied that:

1. The restriction is temporary;2. The restriction is defined with specific criteria that state under what

circumstances it will be used;3. The program is paired with learning/training components to assist the

person in the eventual removal of the restriction;4. The restriction is removed upon reaching clearly defined objectives.5. The continued need for the Restriction is reviewed at least quarterly

by the QDDP or more often upon request of the person whose rights are restricted.

When reviewing a proposed rights restriction, the HRC should ask:

1. What, if any, lesser restrictive interventions have been tried?2. Is the current proposal the least restrictive and most therapeutic?3. Is the intervention truly in the best interest of the person?

REMEMBER

1. The HRC plays an important role by providing a third party review process to safeguard rights.

2. The HRC is not a “rubber stamp” that approves anything and everything that is presented to it for review.

3. HRC members should be advocates who promote rights, not restrictions.

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 Dr. Teresa McCall 334-514-4273

Region V Kimberly Morrissette 205-943-2052