Department on Disability Services

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Appeal Rights

Any person served by DDS and its providers may appeal the decision of the RCRC to either the DDS HRAC, or directly to the DDS Deputy Director for QAPMA. Appeals must be made within 30 days, unless there is good cause for a late appeal. Representation by an attorney, advocate or other non-legal representative is allowed, but not required. If a person decides to appeal the RCRC determination to the HRAC for committee review, the person retains the right to appeal the HRAC decision to the DDS Deputy Director for QAPMA within 30 days after the HRAC review.

The HRAC shall review the decision at the next meeting and, in no more than 30 days. Recommendations by the RCRC to approve any restrictive control or limitation on a person’s individual rights shall not be implemented while an appeal is pending, unless failure to implement would result in imminent risk to the health and/ or safety of the person or others around them. Psychotropic medications shall be implemented when prescribed.

The Deputy Director will provide a final, written administrative decision within 30 days to the person and his or her Support Team, if appropriate. If the final, written decision upholds the RCRC or HRAC decision, it will outline the additional steps a person could take to seek redress, including referral information.

Further details regarding the Restrictive Controls Review Committee can be found here RCRC Procedure or by emailing the Rights and Advocacy Specialist at [email protected].