What is a Due Process or Rights Restriction?

There are occasions when an individual who is supported through the Department of Mental Health nay require some type of intervention that limits or restricts their protected rights and/or ability to fully participate in their community and other activities. Due process is the procedure that protects individuals from undue restrictions and limitations of their rights. On these occasions, the individual and their support team submit a plan to be reviewed by a Due Process Review Committee. The plan includes specific components to ensure the individual has been given the opportunity to make an informed decision and to consent to the intervention, and it establishes a clear plan is in place that specifies exactly how this individual will have their rights fully restored.

When Would We Pursue a Due Process?

When someone’s health, safety, or their behavior poses a danger to those around them or themselves.

If/when the team determines that something could potentially result in a rights restriction, a team meeting will be held to brainstorm alternative ideas, implementation strategies, and teaching methods to prevent a Due Process as this is a result of last resort.

If there is no alternative, a Due Process meeting will occur where information will be gathered, submitted by your Service Coordinator, and approved or denied by the Columbus Group who oversee’s this information.