Section 29-2512. CLIENT RIGHTS

 

2512.1 At all times, clients shall be treated by Providers and the Department with dignity and respect.

 

2512.2 Clients shall be able to access services within the Continuum of Care free from discrimination on the basis of race, color, religion, national origin, language, culture, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, matriculation, political affiliation, genetic information, disability, source of income, and status as a victim of an intrafamily offense in accordance with the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code §§ 2-1401.01, et seq.(2007 Repl.; 2011 Supp.)), the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 328; 42 U.S.C. §§ 12101, et seq.), the Rehabilitation Act of 1973, approved August 7, 1998 (112 Stat. 1095; 29 U.S.C. §§ 701, et seq.), Title II of the Civil Rights Act of 1964, approved July 2, 1964 (78 Stat. 243; 42 U.S.C. §§ 2000a, et seq.), and the Language Access Act of 2004, effective June 19, 2004 (D.C. Law 15-167; D.C. Official Code §§ 2-1931, et seq.(2007 Repl.).

 

2512.3 Clients shall receive reasonable modifications to policies, practices, or procedures when the modifications are necessary to avoid discrimination on the basis of disability, unless the client’s Provider demonstrates that the modifications would fundamentally alter the nature of the services.

 

2512.4 Clients shall be able to access services within the Continuum of Care free from verbal, emotional, sexual, financial, and physical abuse and exploitation.

 

2512.5 Clients shall receive shelter in severe weather conditions.

 

2512.6 Clients shall, at a reasonable time and with reasonable prior notice, be permitted to view and copy, or have an authorized representative view and copy, all records and information that are related to the client and maintained by the client's Provider, including any relevant personal, social, legal, financial, educational, and medical records and information, subject to the provisions of Subsection 2512.7.

 

2512.7 Clients shall be entitled to confidential treatment by the Department and Providers of personal, social, legal, financial, educational, and medical records and information related to a client or any member of a client’s family, whether obtained from the client or from any other source, in a manner consistent with the confidentiality requirements of District and federal law.

 

2512.8 Clients shall be permitted to engage in or abstain from the practice of religion, including the religion of a particular Provider or other clients.

 

2512.9 Upon request, Clients shall be provided with the name and job title of any Provider staff member delivering services.

 

2512.10 Clients shall be permitted to provide input and feedback to Providers on their delivery of services.  Providers shall offer a means of providing such input in an anonymous or confidential manner.

 

2512.11 Clients shall be permitted to file complaints with, testify before, or provide information to a Provider or the Mayor regarding the Provider’s delivery of services or treatment of the client.

 

2512.12 Clients shall be permitted and encouraged to participate actively in the development of their Service Plan, in the progress made toward the goals of that Service Plan, and in any alterations made to that Service Plan during the client’s tenure in the Program.  Clients shall also have the right to receive a review of the Service Plan upon request;

 

2512.13 Clients shall not be subject to testing for drugs or alcohol except when:

 

(a)Program guidelines prohibit intoxication and a licensed social worker with experience identifying indications of drug or alcohol use or a certified addiction counselor determines that there is reasonable cause to believe that the client is engaging in drug or alcohol use; or

 

(b)A client consents to drug or alcohol testing as part of the client's Service Plan developed in accordance with Subsection 2512.12.

 

2512.14 Clients shall be permitted to meet and communicate privately with attorneys, advocates, clergy, physicians, and other professionals.

 

2512.15 Clients shall be given timely and adequate notice of a Provider’s Program Rules as set forth in Subsection 2515.20.

 

2512.16 Clients shall be given timely and adequate notice of any denial of services, transfer to another Provider, or suspension or termination of services as set forth in this chapter.

 

2512.17 Clients shall be permitted to appeal where permitted by Subsections 2550.1 and 2550.2 any decision by the Department or a Provider that adversely affects the client’s receipt of shelter or supportive housing services.

 

2512.18 Clients shall be free from retaliation, punishment, or sanction for exercising any right provided under the Act.

 

2512.19 Clients shall be provided continuation of shelter and supportive housing services without change, other than transfer pursuant to Section 20 of the Act (D.C. Official Code § 4-754.34 (2008 Repl.) or emergency transfer, suspension, or termination pursuant to Section 24 of the Act (D.C. Official Code § 4-754.38 (2008 repl.)), pending the outcome of any fair hearing requested within fifteen (15) calendar days of receipt of written notice of a suspension or termination.

 

2512.20Clients shall have the right to choose LGBTQ-specific accommodations and services if available or non-LGBTQ-specific accommodations and services.

 

2512.21Clients shall have the right to receive information from the Department or Providers regarding LGBTQ-specific accommodations and services.

 

2512.22Clients shall have the right to express their gender identity through their chosen attire, hairstyle, and mannerisms while using Department services.

 

2512.23Clients served within the Continuum of Care shall have the right to be treated in all ways in accordance with the individual's gender identity and expression, including:

 

(a) Use of gender-specific facilities including restrooms, showers, and locker rooms;

 

(b) Being addressed in accordance with the individual's gender identity and expression;

 

(c) Having documentation reflect the individual's gender identity and expression;

 

(d) Being free from dress codes that are in conflict with the individual's gender identity and expression;

 

(e) Confidentiality of information regarding the individual's gender identity  and expression; and

 

(f) Being free from discrimination in the provision of health care and mental health services related to the individual's gender identity and expression.

 

2512.24Families shall not be separated based on sexual orientation, gender expression, or gender nonconformity of any members of the family.

 

 

authority

Section 31(b) of the Homeless Services Reform Act of 2005 (HSRA), effective October 22, 2005 (D.C. Law 16-35; D.C. Official Code § 4-756.02 (2012 Repl.)), Mayor’s Order 2014-177, dated July 23, 2014, and Mayor’s Order 2006-20, dated February 13, 2006.

source

Final Rulemaking published at 39 DCR 470, 488 (January 24, 1992); as amended by Emergency and Proposed Rulemaking published at 57 DCR 6438 (July 23, 2010)[EXPIRED]; as amended by Emergency Rulemaking published at 57 DCR 11353 (November 26, 2010)[EXPIRED]; as amended by Emergency Rulemaking published at 58 DCR 3007 (April 8, 2011)[EXPIRED]; as amended by Final Rulemaking published at 58 DCR 7442, 7451 (August 19, 2011); as amended by Final Rulemaking published at 63 DCR 10215 (August 5, 2016).