AGING AND DISABILITY SERVICES ADMINISTRATION

December 30, 2004

ADSA: AFH #2004-010
RESIDENTS PERFORMING TASKS IN ADULT FAMILY HOMES

Dear Adult Family Home Provider:

The Department has become aware of situations in which residents performed tasks for the home that might be construed as “work” without getting paid. While it is the department’s intent to encourage and promote appropriate activities for residents, the purpose of this letter is to remind you of your responsibilities related to resident performing tasks in homes.

Laws and rules related to resident rights and adult family homes require that the home must:

• Promote and respect residents’ rights to choose activities and schedules consistent with their identified needs, interests, and functional capacity in the resident assessment and negotiated care plan.
• Protect and promote residents’ rights to be free of interference, coercion, pressure and reprisal from the home in exercising their rights.
• Supervise the resident while performing the tasks consistent with the negotiated care plan and not place the resident in charge of other residents.
• Comply with the labor laws.

The following examples are listed to help clarify the issue:

• Ensure the task is consistent with the identified needs, interests and capabilities in the resident assessment and negotiated care plan
• It is not considered work when residents with dementia fold laundry, since they need to be supervised and/or the laundry must often be refolded, nor is it work when the resident wants to help baking cookies for a party, or when a resident voluntarily participates in making crafts and the products become the property of the resident.
• Residents may not be required to take care of common areas, grounds, or buildings, such as cleaning the living room or moving large objects. For example, if providers have residents clean out their garage, carry trash out of the house to the street and help load it in a vehicle for the dump, this would constitute work. If residents perform tasks for the home, the following laws and rules apply:
• Resident’s physician assessment must indicate that the resident is physically able to manage the tasks the resident is going to perform.
• The resident’s negotiated care plan must reflect the plan for the task to be performed, including management supervision and resident’s consent.
• Payment must be at a wage that is comparable to the community standard.

Please contact your local Residential Care Services Field Manager if you have any questions.

Sincerely,

Patricia K. Lashway, Director
Residential Care Services