(1)All patients and residents shall have the right to retain and use on each ward or cottage reasonable amounts of personal property, other than prohibited items. State institutions shall provide on each ward or cottage private, adequate, and accessible storage for reasonable amounts of personal property:
(a)Patients and residents needing specific assistance in exercising the right to retain and use personal property shall receive such assistance. This shall be documented in the treatment or training plan;
(b)Each state institution shall develop procedures to protect the personal property of patients and residents against theft by other patients and residents.
(2)State institutions shall designate one or more locations for storage of reasonable amounts of excess personal property. Excess personal property is property which cannot be stored on the patient’s or resident’s ward or cottage due to size or amount.
(3)State institutions shall provide a secure location for storage of patients’ and residents’ valuables. Valuables include, but are not limited to, stocks, bonds, jewelry, cash above the amount permitted on the ward or cottage, heirlooms, credit cards, driver’s license and any other small item, excluding prohibited items and excess property, which a patient or resident wants retained in a secure location.
(4)Excess property and valuables shall be returned to the patient or resident upon release or discharge of the patient or resident, or upon request of the patient or resident if there is space available on the ward or cottage to accommodate it.
(5)Prohibited items shall be handled as provided in OAR 309-108-0015 (Procedures)(6).
(6)State institutions may restrict the amount of cash allowed to be retained by patients or residents on the living unit.
(7)A patient/resident may be searched by Division personnel whenever said personnel have reasonable cause to believe that a patient/resident may be in possession of a prohibited item.
(8)No employee or any person acting through, or on behalf of the Division shall censor a patient’s or resident’s personal property unless there is reasonable cause to believe that such item is contrary to the treatment and training goals of the individual. Such censorship must be documented in the patient’s or resident’s record by the treating physician or qualified mental retardation professional with supporting documentation, as necessary and communicated to the patient or resident in writing.
(9)Patients and residents shall have the right to appeal the application of any portion of these rules as provided in OAR 309-118-0000 (Purpose and Scope) through 309-118-0050 (Posting of OSH Grievance Process) (Grievance Procedures for Use in State Institutions).
(10)Violation of the rights, policies, and procedures set forth in these rules by an employee of the Division constitutes cause for disciplinary action.
Rule 309-108-0010 — Policy,