(a) Local procedures. The CEO or designee is responsible for developing and implementing local procedures to ensure an individual's right to reasonable protection of personal property including clothing and mail from theft or loss consistent with Chapter 404, Subchapter E, concerning Rights of Persons Receiving Mental Health Services, and Chapter 405, Subchapter Y, concerning Client Rights--Mental Retardation Services or any other department rules that concern the rights of individuals.
(b) Personal property. The CEO or designee is responsible for developing and implementing written processes that protect each individual's personal property that include:
  (1) advising individuals and LARs that the facility is limited in its ability to protect any personal property that an individual keeps on the unit, however, if loss or theft of such property is reported staff must make every effort to find and return the missing property to the owner;
  (2) documenting the receipt of any personal property that is to be held under the facility's control;
  (3) physically inventorying personal property under the facility's control and documenting personal property received from individuals to ensure it is accounted for and if a discrepancy arises develop a process for documenting, investigating, and resolving the discrepancy;
  (4) documenting and honoring an individual's request for the return of any or all of his or her personal property previously under the facility's control.
(c) Returning personal property. If an individual is discharged from the facility, staff must upon discharge or a soon as possible thereafter document and return to the individual or LAR all of the individual's personal property under the facility's control.
(d) Individual's personal mail. Except as described in this section and department rules concerning the rights of individuals, an individual's personal mail must be delivered unopened to the addressee. If staff have reason to believe that mail addressed to an individual is an invoice and the facility is responsible for its payment, then the mail must be opened by the individual and witnessed by two staff. If the mail contains such an invoice, it is forwarded to accounts payable for processing, an explanation of the situation is given to the individual, and the situation is documented in the individual's record.

Source Note: The provisions of this §417.38 adopted to be effective April 27, 2003, 28 TexReg 3347