HAR §11-175-35. Right of access to personal funds and valuables

(a) Psychiatric facilities and residential treatment facilities shall establish policies and procedures about the consumer's right of access to personal funds and valuables. Such policies and procedures shall include mechanisms for: (1) Informing consumers about their responsibility for the safekeeping of their own money personal effects, and other valuables which are not placed in locked storage or turned over to staff for safekeeping, and documenting in the clinical record that the consumer was informed: (2) Providing the consumers with a complete and detailed list of belongings the consumer turns over to the facility for safekeeping; (3) Petitioning the court for a guardian prior to denial of access to money, if denial appears to be essential to prevent unreasonable and significant dissipation of assets. Use of discretionary spending money or a regular allowance received by consumers shall not be considered a dissipation of assets. (b) Psychiatric facilities and residential treatment facilities which provide long-term care or treatment shall establish additional policies and procedures about: (1) Methods for consumers to deposit money in a financial institution or a safe provided for that purpose and access to their money at least weekly. When monies are kept or deposited for consumers, a written accounting of all financial transactions made on behalf 175 - 30 2702 11-175-36 of the consumer shall be provided to the consumer or the consumer's legal guardian at least quarterly; (2) Voluntary access to locked storage space for each consumer or a procedure for consumers to give money and other valuables to staff for safekeeping; (3) Assistance or counseling of consumers in budgeting spending money. Informed consent shall be obtained from the consumer or the consumer's legal representative or legal guardian to permit the facility to hold and periodically provide a consumer's money to the consumer. [Eff. and comp DEC 30 1988; comp OCT 19 2007 ] (Auth: HRS §334-9) (Imp: HRS §334-23)