34-B §5005. Office of Advocacy
Title 34-B: BEHAVIORAL AND DEVELOPMENTAL SERVICES HEADING: PL 1995, C. 560, PT. K, §7 (RPR); 2001, C. 354, §3 (AMD)
Chapter 5: MENTAL RETARDATION
Subchapter 1: GENERAL PROVISIONS
§5005. Office of Advocacy
1. Establishment. The Office of Advocacy, referred to in this section as "the office," is established within the department to provide the services described in subsection 3 to individuals with mental retardation or autism.
[ 2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF) .]
2. Chief advocate. A chief advocate shall direct and coordinate the program of the office.
A. The chief advocate shall report administratively to the commissioner and advise and consult with and inform the commissioner on the issues described in this section. The chief advocate shall provide the commissioner with regular reports on the office’s findings, conclusions and recommendations regarding individual and systemic violations of the rights of individuals with mental retardation or autism. [2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF).]
B. The chief advocate shall select other advocates needed to carry out the intent of this section who shall report only to the chief advocate. [2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF).]
C. The chief advocate shall establish operating policies and procedures to guide the work of the office, including policies regarding priority setting. [2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF).]
D. The chief advocate and all other advocates are classified state employees. [2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF).]
[ 2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF) .]
3. Duties. The office, through the chief advocate and other advocates, shall:
A. Receive complaints made by or on behalf of individuals with mental retardation or autism and represent their interests in any matter pertaining to their rights and dignity; [2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF).]
B. Investigate the claims, grievances and allegations of violations of the rights of individuals with mental retardation or autism; [2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF).]
C. Intercede on behalf of individuals with mental retardation or autism with officials of any provider of service administered, licensed or funded by the department, except that the office may refuse to take action on any complaint that it considers to be trivial or moot or for which there is clearly another remedy available; [2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF).]
D. Assist individuals with mental retardation or autism in any hearing or grievance proceeding pertaining to their rights and dignity; [2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF).]
E. Refer individuals with mental retardation or autism to other agencies or entities and collaborate with those agencies or entities for the purpose of advocating for the rights and dignity of those individuals; [2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF).]
F. Act as an information source regarding the rights of all individuals with mental retardation or autism, keeping itself informed about all laws, administrative rules and institutional and other policies relating to the rights and dignity of those individuals and about relevant legal decisions and other developments related to the fields of mental health, mental retardation and autism, both in this State and in other parts of the country; and [2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF).]
G. Make and publish reports necessary to the performance of the duties described in this section. The chief advocate may report findings of the office to groups outside the department, such as legislative bodies, advisory committees, commissions, law enforcement agencies and the press, and may authorize the advocates in the office to so communicate. At least annually, the chief advocate shall report both in person and in writing to the joint standing committee of the Legislature having jurisdiction over health and human services matters regarding the performance of the duties described in this section. [2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF).]
[ 2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF) .]
4. Participate in personal planning. The office, through the chief advocate and other advocates, may participate in personal planning when:
A. The department is the public guardian; or [2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF).]
B. An advocate has concerns regarding the rights or dignity of a person with mental retardation or autism. [2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF).]
A person who is not under guardianship has the right to refuse such participation by an advocate.
[ 2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF) .]
5. Access to files and records. The office, through the chief advocate and the other advocates, has access, limited only by the civil service law, to the files, records and personnel of any provider of services administered, licensed or funded by the department. Within the department, the office has access to all reports and related documents submitted pursuant to section 5604-A.
[ 2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF) .]
6. Confidentiality. Requests for confidentiality are treated as follows.
A. Any request by or on behalf of an individual with mental retardation or autism for action by the office and all written records or accounts related to the request are confidential as to the identity of the individual. [2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF).]
B. The records and accounts under paragraph A may be released only as provided by law. [2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF).]
[ 2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF) .]
7. Protection for advocates. Advocates may not be disciplined or sanctioned for any action taken pursuant to this section on behalf of individuals with mental retardation or autism.
[ 2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF) .]
8. Budget. When submitting any budget request to the Legislature, the department and the Governor shall provide that any funds for the office be listed in a separate account.
[ 2007, c. 356, §17 (NEW); 2007, c. 356, §31 (AFF) .]
SECTION HISTORY
2007, c. 356, §17 (NEW). 2007, c. 356, §31 (AFF).