Least Restrictive Environment

Whose space is it?

An environment can be any setting where you receive services: a family-care home, a social club, a case management agency, a treatment facility, a hospital.
It should be a humane setting and user-friendly.
You should have the greatest possible freedom consistent with safety for yourself and others. Restraint and seclusion should never be used punitively. You cannot be restricted to a particular area unless the facility is licensed for seclusion (e.g., hospitals).
You should have privacy when feasible, and reasonable accommodation should be made for disabilities.
You should have access to your home at all times and be able to come and go.
You should only be hospitalized involuntarily if (a) you have a mental illness, and (b) there is serious reason to believe you are a danger to yourself or others. If you are probated, you will be given a hearing to determine if hospitalization is indicated.
You cannot be involuntarily hospitalized merely for noncompliance, e.g., failing to see the doctor or not taking medications. If the result of noncompliance is that you become sick, and if you meet both criteria (a) and (b) above, then it is possible to seek to have you probated to the hospital.
You are not restricted to services from your agency. At your discretion, you may consult outside professionals—e.g., medical, psychiatric, and legal—at your own expense.

Your rights (OAC 5122:2-1-02)
2.        The right to service in a humane setting which is the least restrictive feasible
as defined in the treatment plan;
8.        The right to freedom from unnecessary restraint or seclusion;
12.      The right to have the opportunity to consult with independent treatment
           specialists or legal counsel, at one’s own expense.

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