Each state hospital and regional center shall have at least one (1) staff member, or the functional equivalent thereof, who is assigned on a full-time basis to fulfill the duties of the clients' rights advocate. Such duties shall include, but not be limited to, the following:
(a) State Hospital Clients' Rights Advocate.
(1) To assure that the rights of each person with a developmental disability who resides in the hospital are guaranteed, protected and asserted as requested by or on behalf of any resident.
(2) To monitor compliance with the posting requirements and the notification of rights provisions of Section 50520.
(3) To investigate and facilitate resolution of complaints concerning any violation, withholding, or punitive denial of any right, which is brought by or on behalf of any resident.
(4) To initiate inquiry into any right's violation, withholding, or punitive denial of any right to which any hospital resident with a developmental disability is entitled where such resident is unable to do so because of physical or mental condition.
(5) To assist residents in the pursuit of administrative and legal remedies. If the complaint is against an employee, a policy, or the operations of the state hospital, the clients' rights advocate may refer the resident to an agency which can provide independent representation.
(6) To monitor and review all reports of denial of rights for good cause of any resident of the hospital, as required by Section 50536.
(7) To advise the state hospital executive officer on the development, implementation and maintenance of a clients' rights assurance program in the state hospital.
(8) To serve as a consultant and resource person on issues relative to the rights of persons with developmental disabilities for all persons within the hospital.
(9) To act as liaison between the state hospital and the Clients' Rights Office.
(b) Regional Center Clients' Rights Advocate.
(1) To assure that the rights of each developmentally disabled client served by the regional center, including applicants and individuals referred for services, are guaranteed, protected, and asserted as requested by or on behalf of the client.
(2) To monitor compliance with the posting requirements of Section 50520 (b), and the notification of rights provisions of Section 50520 in any licensed facility which serves clients of the regional center.
(3) To investigate and to facilitate resolution of all complaints involving violation, withholding or punitive denial of rights which are brought by or on behalf of any client served by the regional center.
(4) To initiate inquiry into any violation, withholding or punitive denial of any right to which a regional center client is entitled where the client is unable to do so.
(5) To assist clients in the pursuit of administrative and legal remedies. If the complaint is against an employee, a policy, or the operations of the regional center, the clients' rights advocate may refer the client to any agency which can provide representation.
(6) To advise the regional center director on the development and implementation of the regional center clients' rights assurance program.
(7) To serve as local consultant and resource person on the issue of rights for individuals with developmental disabilities to clients, families, regional center staff and other interested persons within the area served by the regional center.
(8) To act as the liaison between the regional center and the Clients' Rights Office.
(9) To review and monitor all reports concerning the denial of rights for good cause which are submitted as required by Section 50536.
Credits
Note: Authority cited: Section 11152, Government Code, and Sections 4415, 4416, 4503, 4504, Welfare and Institutions Code. Reference: Sections 4503, 4504, 4648(b) and (c), Welfare and Institutions Code.
This database is current through 5/10/24 Register 2024, No. 19.
