§ 2380.169. Access to or the use of an individual’s personal property.

 (a)  Access to or the use of an individual’s personal funds or property may not be used as a reward or punishment.

 (b)  An individual’s personal funds or property may not be used as payment for damages unless the individual consents to make restitution for the damages. The following consent provisions apply unless there is a court-ordered restitution:

   (1)  A separate written consent is required for each incidence of restitution.

   (2)  Consent shall be obtained in the presence of the individual or a person designated by the individual.

   (3)  The facility may not coerce the individual to provide consent.

Authority

   The provisions of this §  2380.169 issued under sections 201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code (62 P.S. § §  201(2), 403(b), 403.1(a) and (b), 911 and 1021); and section 201(2) of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §  4201(2)).

Source

   The provisions of this §  2380.169 adopted October 4, 2019, effective in 120 days, 49 Pa.B. 5777.

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