Client Right’s in the Mental Health System
According to Ohio Department of Mental Health (ODMH) and the Ohio Administrative Code 5122:2-1-02 each client has all of the following rights as listed below:
- The right to be treated with consideration and respect for personal dignity, autonomy, and privacy;
- The right to service in a humane setting which is the least restrictive feasible as defined in the treatment plan;
- The right to be informed of one’s own condition, of proposed or current services, treatment or therapies, and of the alternatives;
- The right to consent to or refuse any service, treatment or therapy upon full explanation of the expected consequences of such consent or refusal. A parent or guardian must consent to or refuse any service, treatment or therapy on behalf of a minor client;
- The right to a current, written, individualized service plan (ISP) that addresses one’s own mental health, physical health, social and economic needs, and that specifies the provision of appropriate and adequate services, as available, either directly or by referral;
- The right to active and informed participation in the establishment, periodic review, and re-assessment of the service plan (ISP);
- The right to freedom from unnecessary or excessive medication;
- The right to freedom from unnecessary restraint or seclusion;
- The right to participate in any appropriate and available agency service, regardless of refusal of one or more other services, treatments, or therapies, or regardless of relapse from earlier treatment in that or another service, unless there is a valid and specific necessity which precludes and/or requires the client’s participation in other services. This necessity shall be explained to the client and written in the client’s current service plan (ISP);
- The right to be informed of and refuse any unusual or hazardous treatment procedures;
- The right to be advised of and refuse observation by techniques such as a one-way vision mirrors, tape recorders, televisions, movies, or photographs;
- The right to have the opportunity to consult with independent treatment specialists or legal counsel, at one’s own expense;
- The right to confidentiality of communications and of all personally identifying information within the limitations and requirements for disclosure of various funding and/or certifying sources, state or federal statutes, unless release of information is specifically authorized by the client or parent or legal guardian of a minor client or court-appointed guardian of the person of an adult client in accordance with rule 5122:2-3-11 of the Administrative Code;
- The right to have access to one’s own psychiatric, medical or other treatment records, unless access to particular identified items of information is specifically restricted for that individual client for clear treatment reasons in the client’s treatment plan (ISP). “Clear treatment reasons” shall be understood to mean only severe emotional damage to the client such that dangerous or self-injurious behavior is an imminent risk. The person restricting the information shall explain to the client and other persons authorized by the client the factual information about the individual client that necessitates the restriction. The restriction must be renewed at least annually to retain validity. Any person authorized by the client has unrestricted access to all information. Clients shall be informed in writing of agency policies and procedures for viewing or obtaining copies of personal records;
- The right to be informed in advance of the reason(s) for discontinuance of service provision, and to be involved in planning for the consequences of that event;
- The right to receive an explanation of the reasons for denial of service;
- The right not to be discriminated against in the provision of service on the basis of religion, race, color, creed, sex, national origin, age, lifestyle, physical or mental handicap, developmental disability or inability to pay;
- The right to know the cost of services;
- The right to be fully informed of all rights;
- The right to exercise any and all rights without reprisal in any form including continued and uncompromised access to services;
- The right to file a grievance; and
- The right to have oral and written instructions for filing a grievance.
If you believe that any of your rights have been violated, please contact the Client Right’s Officer (CRO) at the agency where you receive services.
Child Focus, Inc.
Greater Cincinnati Behavioral Health Services
Hope Community Center
If you do not find help from the CRO at the agency, you can call the Client Right’s Officer at the Clermont County Mental Health and Recovery Board.
The CRO is responsible for helping you decide how to best resolve your complaint or grievance, and whether you should file a formal grievance. Please see the section Grievance Procedures for more information.