Consumer Rights
As a participant in Peak Community Services, every consumer has the following rights:
o To be free from harm, including physical abuse, verbal abuse, neglect or exploitation.
o To have a guardian or other court appointed representative exercise consumer rights.
o To choose, contact and consult legal counsel.
o To have personal information kept confidential.
o To work and live in a safe and healthy environment.
o To receive fair wages for all production work performed.
o To be free of any type of discrimination.
o To use the agency grievance/appeal procedure to settle disagreements.
o To copy records, at own expense, in accordance with State and Federal laws.
o To voluntarily participate or leave program services.
o To have information from records revealed to someone, not authorized by law, only after giving written consent.
o To be treated with dignity and respect.
o To have an individualized program designed to meet wishes and needs.
o To see case records at upon request.
o To be placed in the least restrictive environment.
As an addendum to these rights, Peak Community Services prohibits the following practices:
o Corporal punishment inflicted by the application of painful stimuli to the body which includes:
o Forced physical activity
o Hitting and/or pinching
o Application of painful or noxious stimuli
o Use of electric shock, or
o Infliction of physical pain
o Seclusion by placing an individual alone in a room or other area from which exit is prevented.
o Verbal abuse including screaming, swearing, name calling, belittling, or other verbal activity that may cause damage to an individual’s self respect or dignity.
o Practices that deny an individual any of the following without a physician’s order: sleep, shelter, food, drink, physical movement for prolonged periods of time, medical care or treatment, or use of bathroom facilities.
o Work or chores benefiting others without pay unless: the provider has obtained a certificate from the U. S. Department of Labor authorizing the employment of workers with a disability at special minimum wage rates; the services are being performed by an individual in their own residence as a normal and customary part of housekeeping and maintenance duties; an individual desires to perform volunteer work in the community.
Consumer Grievance Procedure
o Each consumer of Peak Community Services has the right to disagree with situations that affect his or her rights as a consumer, program placement, daily services or actions taken by staff. The consumer’s Case Coordinator (QMRP) can assist in the disagreement. If the problem cannot be solved by talking it over with everyone involved, the appeal/grievance procedure may be used.
o The person who is upset and disagrees with a decision will give to the individual involved a letter in writing explaining the problem. The consumer may have someone help them write out the problem (i.e. QMRP).
o Within 10 days, the individual involved and the consumer’s QMRP will meet to discuss the problem.
o The QMRP will give a written report of the meeting to the Executive Director.
o If the consumer is still unhappy with the decision, he/she may request a meeting with the Executive Director.
o A meeting will occur with the Executive Director within 10 working days. The consumer will be given a week’s notice of the meeting and may bring people to help at the meeting.
o The Executive Director will make a written report of his or her decision.
o If the consumer is still unhappy with the decision, he/she may request to have the Board of Directors look at the problem. This request must be made in writing.
o The Board of Directors will give its decision 30 days after meeting with consumer to discuss the problem.
o If the consumer is still unhappy, he/she may take the issue to people outside the agency, such as Indiana Division of Aging & Rehabilitation Services, D.D. Section.
Abuse, Neglect & Exploitation
Legal Definition
o 460 IAC 6-3-2
o Abuse means the following:
o Intentional or willful infliction of physical injury.
o Unnecessary physical or chemical restraints or isolation.
o Punishment with resulting physical harm or pain.
o Sexual molestation, rape, sexual misconduct, sexual coercion, and sexual exploitation.
o Verbal or demonstrative harm caused by oral or written language, or gestures, with disparaging or derogatory implications.
o Psychological, mental, or emotional harm caused by unreasonable confinement, intimidation, humiliation, harassment, threats of punishment, or deprivation.
What Staff Need to Know
o Staff need an understanding of how to recognize abuse, neglect, and exploitation.
o Staff need to know how to report and to whom to report abuse, neglect, and exploitation.
Identification
o Abusive and neglectful behavior toward another can take many forms or combinations. You can help protect individuals from abuse through:
o Observation – Pay attention to individuals whom you support. Many individuals cannot tell you when something is wrong.
o Communication – Talk with individuals and other support workers daily. Talk with staff from the day program and others.
o Documentation – Write down what you see and hear.
o Review – Think about what you have observed, review what you have written and look for patterns.
o Report – If abuse is observed or suspected, take immediate action necessary to protect the individual and then make the required reports.
Peak Reporting Requirements and Procedure
1. Notification of Appropriate Staff:
Individuals who believe they have witnessed, or receive a report directly from a consumer and/or their representative of, abuse, neglect, sexual exploitation, financial exploitation, mistreatment of a consumer, or violation of a consumer’s rights (hereafter referred to as abuse/neglect or simply abuse) must report the incident to their immediate manager.
An individual also may choose to report the complaint to his/her Director, the Director of Human Resources or the Executive Director. Upon receipt of such complaint the person receiving the complaint shall immediately notify the Director of Human Resources, if not already done so, who, together with the appropriate department director, shall have authority over the investigation and resolution of the complaint. Managers and Directors shall have no independent authority to investigate or resolve such complaints, and may only proceed with the written permission of the Director of Human Resources, or designee. In the event that the complaint is made by a consumer against another consumer the Department Director of the complainant’s main program area will take charge of the investigation.
2. Description of Abuse/Neglect:
An accurate record of the alleged abuse/neglect is needed to resolve a formal complaint of abuse/neglect.
Verbal reports of abuse/neglect must be reduced to writing by either the complainant or the individual's) designated to receive complaints.
While Peak encourages individuals to keep written notes in order to accurately record instances of abuse/neglect, it must be recognized that, in the event that a lawsuit develops from the reported incident, the confidentiality of the complainant’s written notes may not be recognized under Indiana law, and the notes may have to be disclosed.
3. Time Frame for Reporting Complaints:
The Bureau of Developmental Disabilities Services (BDSS) mandates that abuse/neglect be reported within 24 hours of the alleged incident being discovered. To that end Peak Community Services encourages a prompt reporting of complaints so that rapid response and appropriate action may be taken. However, due to the sensitivity of these concerns no limited time frame will be instituted for reporting abuse/neglect. Late reporting of complaints will not in and of itself preclude Peak Community Services from taking remedial action.
4. Protection Against Retaliation:
Peak Community Services will not in any way retaliate against an individual who makes a report of abuse/neglect nor permit any supervisor, officer or employee to do so. Retaliation is a serious violation of this abuse/neglect policy and should be reported immediately. Any person found to have retaliated against another individual for the good faith reporting of abuse/neglect will be subject to the same disciplinary action provided for those who have been found to have violated the abuse/neglect policy.