Individual Rights and Due Process

There are occasions when an individual who is supported through the Department of Mental Health may 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. If the Committee determines that due process has not occurred, the plan will be referred to an Individual Rights Consultant for education and/or technical assistance.

Due Process Review Committee Referral

Due Process Review Committees (DPRCs) consist of members from a variety of backgrounds, education, and professional experiences. At minimum, Committees will consist of a Due Process Chairperson, an individual with ID, and representation by community members with no financial affiliation with DMH or their contracted providers. Committee members may also include:

  • Contracted providers and/or their staff;
  • Experts such has behavior analysts, RNs, etc.;
  • Self‐Advocates;
  • DMH‐DD staff; and
  • Family members, friends, and/or guardians of an individual.

The Committee will review proposed limitation or restriction of rights plans to ensure the following:

  • The individual has been notified of the limitation;
  • The individual has had the opportunity to access external advocacy if they disagree with the limitation;
  • The individual has been informed of how to restore their rights;
  • The individual has been notified that they are welcome and encouraged to participate in the review meeting;
  • That the review meetings are accessible for the individual to attend; and
  • All components of Due Process have been afforded to the individual.
Rights Consultation Request

Individual Rights Consultants (IRCs) assist individuals and their interdisciplinary support teams in a variety of ways. The consultation that individuals and teams receive are individualized to the needs of the individual, the team, and the recommendations of the Due Process Committee (if applicable). Following are just a few examples of how IRCs can help:

  • Assist teams in identifying rights restrictions and determining if a proposed intervention is the least restrictive and least intrusive for the individual;
  • Explore ways to ensure that the individual and/or guardian are part of the planning process;
  • Explore possible support strategies that could be helpful to assist the individual in developing the skills necessary to restore their rights and make referrals when appropriate;
  • Identify appropriate monitoring and data collection methods to determine the efficacy of the intervention;
  • Assist in the development of specific, observable, and measurable restoration criteria;
  • Set an appropriate schedule for the review of data to determine if the restriction continues to be necessary; and
  • Explore ways to ensure that the individual and/or guardian are provided the information necessary to make a decision about providing their consent, as well as what to do if they do not agree with the restrictions or interventions proposed by the planning team.

The ultimate goal of the IRCs is to build the capacity of teams and coach them to more independently navigate due process for rights limitations and restrictions for individuals.


Individual Rights Resources