The rights of persons with developmental disabilities and traumatic brain injury include, but are not limited to, all of the following:

(1) The right to exercise the rights of citizens of the United States and the State of Alabama.
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Terms Used In Alabama Code 38-9C-4

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • following: means next after. See Alabama Code 1-1-1
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • state: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Alabama Code 1-1-1
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 1-1-1
(2) The right to access a full array of services appropriate for them as individuals.
(3) The right to inclusion in the community.
(4) The right to live, work, be educated, and recreate with people who do not have disabilities.
(5) The right to be presumed competent until a court of competent jurisdiction determines otherwise.
(6) The right to social interaction with members of either sex.
(7) The right to vote and otherwise participate in the political process according to applicable laws of the United States and the State of Alabama.
(8) The right to free exercise of religion.
(9) The right to confidential handling of personal, financial, and medical records.
(10) The right to own and possess real and personal property.
(11) The right to privacy and dignity.
(12) The right to reasonable access to and privacy of mail, telephone, communications, and visitors.
(13) The right to receive only those drugs and medications which are prescribed in accordance with established standards of medical care.
(14) The right to have physical and chemical restraints used only in accordance with established standards of medical, social, and educational care, taking into consideration the health status of the individual.
(15) The right to a free and appropriate public education as set forth in the laws of the State of Alabama.
(16) The right to be free from abuse, exploitation, or neglect.
(17) The right to make decisions that affect their lives.
(18) The right to access general services in their community and local neighborhood.
(19) The right to use services in a safe and humane environment.
(20) The right to be accorded human respect and dignity on an individual basis in a consistently humane fashion.
(21) The right to exercise rights without reprisal.
(22) The right to access dental and medical care, including vision and hearing services.
(23) The right to be free from any physical, verbal, sexual, or psychological abuse, exploitation, coercion, reprisal, intimidation, or neglect.
(24) The right to be fully informed, on an individual basis, concerning services provided, with information presented in a setting and in language appropriate to the person‘s ability to understand.
(25) The right to be informed specifically of the procedures for initiating a complaint or grievance procedure and the applicable appeals process, including the means of requesting a hearing or review of the complaint.
(26) The right to be informed of the means for accessing advocates, ombudsmen, or rights protection services within the program and, as applicable, the State of Alabama Mental Health System, the Department of Human Resources, the federal advocacy system, and other advocacy services. Such access must be allowed without fear of reprisal.
(27) The right to adequate food and shelter in residential programs operated or certified by regulatory agencies of the State of Alabama.
(28) The right to enforce these rights in a court of competent jurisdiction or appropriate administrative proceeding on an individual basis.
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