Labor by client: Conditions; compensation.
1. A client may perform labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone only if:
(a) The client voluntarily agrees to perform the labor;
(b) Engaging in the labor is not inconsistent with and does not interfere with the plan of services for the client;
(c) The person responsible for the clientís treatment agrees to the plan of labor; and
(d) The amount of time or effort necessary to perform the labor is not excessive.
In no event may discharge or privileges be conditioned upon the performance of such labor.
2. A client who performs labor which contributes to the operation and maintenance of the facility for which the facility would otherwise employ someone must be adequately compensated and the compensation must be in accordance with applicable state and federal labor laws.
3. A client who performs labor other than that described in subsection 2 must be compensated an adequate amount if an economic benefit to another person or agency results from his labor.
4. The administrative officer of the facility may provide for compensation of a resident when he performs labor not governed by subsection 2 or 3.
5. This section does not apply to labor of a personal housekeeping nature or to labor performed as a condition of residence in a small group living arrangement.
6. One-half of any compensation paid to a client pursuant to this section is exempt from collection or retention as payment for services rendered by the Division of Mental Health and Developmental Services of the Department or its facilities, or by the Division of Child and Family Services of the Department or its facilities. Such an amount is also exempt from levy, execution, attachment, garnishment or any other remedies provided by law for the collection of debts.
Last modified: February 27, 2006