(a) Continuation of rights, responsibilities, and obligations.  No resident, as a consequence of admission to a community residence and of receiving an evaluation of mental disability, shall lose any legal rights, responsibility, or obligation, or suffer any legal disability as a citizen, unless otherwise prescribed by law. Among others, no resident shall be presumed to be incompetent to manage his or her affairs, to contract, to hold or seek a professional, occupational, or vehicle operator’s license, to make a will, to marry, or for any other purpose, unless otherwise prescribed by law. Neither shall any requirement be made, by rule, regulation, or otherwise, as a condition to admission and retention, that any individual applying for admission shall have the legal capacity to contract, it being sufficient for such purpose, that the individual understand the nature and consequence of making the application.

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Terms Used In Rhode Island General Laws 40.1-24.5-3

  • Community residence: means a place, such as a group home, however named, licensed pursuant to chapter 24 of this title for the purpose of providing rehabilitation, psychological support, skills training, social guidance, and living accommodations to individuals who are mentally disabled, as defined by Rhode Island General Laws 40.1-24.5-1
  • Contract: A legal written agreement that becomes binding when signed.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Grievance procedure: means the formalized process mandated by Rhode Island General Laws 40.1-24.5-1
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • Mental health advocate: means and refers to the individual appointed by the governor with the advice and consent of the senate in accordance with Rhode Island General Laws 40.1-24.5-1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Resident: means an individual of lawful age admitted to a community residence. See Rhode Island General Laws 40.1-24.5-1

(b) Admission; requirements; duties of residence staff.

(1)  As part of the procedure for the admission of an individual to a community residence, each prospective resident shall be fully informed of all rules, regulations, and policies governing resident conduct and responsibilities, including grounds for dismissal and procedures for discharge. A written application acknowledging the disclosure shall be signed by the prospective resident in the presence of at least one witness, who shall attest to the application by placing his or her name and address thereon.

(2)  Further, at the time of admission, each resident shall be fully informed of residents’ rights and a written copy of the residents’ rights shall be given to each resident who shall acknowledge receipt of the written copy by his or her signature upon the copy. This written copy of residents’ rights shall include the working hours, address, and telephone number of the mental health advocate.

(3)  Further, at the time of admission, each resident shall be fully informed, orally and in writing, of the grievance procedure established within the community residence.

(4)  Further, at the time of admission, each resident shall be informed, in writing, of all anticipated financial charges, including all costs not covered either under federal and/or state programs, by other third payers by the community residence’s basic per-diem rate.

History of Section.
P.L. 1982, ch. 363, § 1; P.L. 1997, ch. 326, § 141.