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He-M 314.05 Personal rights
You must be treated with respect and dignity
regardless of the reasons that you came to the shelter or for
services. Staff and volunteers cannot abuse, neglect or exploit
you. (Mistreat, forget to serve, ignore you or your needs, take
advantage of you) Residents have the right to have anything in
their records keep confidential and you and your situation can
only be discussed to other people when you give your permission,
*Or as it is required by law.
*As required by law means: a shelter employee may disclose
information about you if they need to report a crime committed at
the shelter. They may also talk about you to an employee of
another shelter, that you may be moving to or have applied to if
you committed an act of violence or threatened violence on the
shelter property with the last 72 hours.
You have a right to privacy such as knocking on
closed doors before entering; the right to send and receive
unopened and uncensored mail, the right to have reasonable access
to a phone for things related to job searches, housing, medical
appointments and other related matters, (shelters are not
required to provide phones for personal calls, to friends family
etc.) you may be required to pay for long distance calls.
You have the right to be free from searches,
except searches that are made under constitutional and legal
standards, routine screening or scanning for weapons upon
entering the shelter. And you cannot be the only one being
searched, they must search everyone, otherwise it may be
discrimination.
Cold and Severe Weather Rules
No emergency shelter can make residents stay outside any
part of the day from October 1st to April 30th, unless
reasonable arrangements are made to use alternative indoor site,
which is available while shelter is closed. They must also let
you in during severe weather between May 1st and
September 30th, unless they provide an alternative site.
He-M 314.06 Admission
If you are eligible for this particular shelter, you
cannot be turned away if there is beds or rooms available,
(except as in He-314.07) Shelters must be able to approve
admission to shelter at least during 18 hours of each day. 7 days
a week. A shelter can make you wait to enter until the evening
hours when they are open except when weather rules apply. At
least, they must admit you to a bed when the shelter is open
during evening hours and only at other hours if they have staff
available. You cannot be turned away from a shelter
because you do not have money to pay or you do not have
another agency that is willing to pay for you. Shelters may set
up a sliding scale fee, which allows some people who are
currently unemployed or lack funds, to still have shelter. At the
time of admission, shelters have to tell you what the daily fee
is, if any and what you will be charged. These fees must be
structured so that they dont affect your ability to go into
permanent housing.
He-M 314.07 Denial of admission or termination of
service
You may be denied shelter for these 3 reasons:
1. if the shelter lacks space; 2.
if it is a special shelter and you do not fit the population
they serve; or 3. if you pose a direct
threat to the health and safety of others in the shelter and
the shelter is unable to provide you with a reasonable
adjustment, which would end the risk of direct threat. When a
person is denied admission on this basis, the shelter may contact
the police for protective custody or other services.
Whenever a person is denied admission to a
shelter, the shelter is supposed to advise you of the
reasons for denial and make every effort to locate and
alternative shelter And inform you of the shelters grievance
process, if the denial is for any reason other than lack
of space or failure to meet the shelters admission criteria
Shelters must maintain a log of people they have denied and of
persons that have been told to leave and the reasons. And the log
will be forwarded to the division of Behavioral Health upon
request.
A person may be asked to leave a shelter for the
following reasons:
if you engage in a behavior which threatens the health and safety
of others, or if you pose a direct threat to yourself; you may
also be asked to leave if you are intoxicated or under the
influence of illegal drugs or if you are extremely disruptive to
the use of enjoyment of the shelter by other residents; if you
steal or destroy property of the shelter or other residents. (If
you deny an allegation of the previous statement and you file a
grievance you should not be required to leave unless you are
arrested by the police or the allegation is proved to be true
after a review of the shelters internal grievance procedure).
Whenever someone is asked to leave, the shelter will make
a written record, which contains the following
information: A full description of the your behavior
that made the shelter ask you to leave; the names of the
persons that were affected by your behavior; if
you were asked to leave because it was believed you were
intoxicated or under the influence of illegal substances, the
record must have a staff persons explanation for
believing that you were under the influence. And the
staff member that witnessed the event must sign the record. If
a staff person did not witness the behavior that results
in you being asked to leave, staff must investigate the
allegation and in the record it will name the staff
person that did the investigation.
No one should be asked to leave because they have been at
the shelter too long. Emergency shelters must report to
the division of behavioral health when someones stay
exceeds one year.