LD 1621
pg. 3
Page 2 of 8 An Act To Amend the Structure of the Office of Advocacy Page 4 of 8
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LR 2135
Item 1

 
licensed or funded by the department, except that the Office
of Advocacy and Adult Protective Services may refuse to take
action on any complaint which that it deems considers to be
trivial or moot or for which there is clearly another remedy
available;

 
C. Assist clients in any hearing or grievance proceeding of
the department;

 
D. Refer clients to other agencies or entities for the
purpose of advocating for the rights and dignity of these
persons;

 
E. Act as an information source regarding the rights of all
clients, keeping itself informed about all laws,
administrative rules and institutional and other policies
relating to the rights and dignity of the clients and about
relevant legal decisions and other developments related to
the field of mental health and mental retardation, both in
this State and in other parts of the country;

 
F. Make and publish reports necessary to the performance of
the duties described in this section. The chief advocate
director 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 of
Advocacy and Adult Protective Services to so communicate.
At least annually, the chief advocate director shall report
both in person and in writing to the joint standing
committee of the Legislature having jurisdiction over mental
health and mental retardation matters; and

 
G. Negotiate joint working agreements with the Department
of Human Services concerning procedures and respective
responsibilities for conducting investigations in state
institutions of allegations of abuse pursuant to the Child
and Family Services and Child Protection Act, Title 22,
chapter 1071.; and

 
H.__Provide adult protective services as described in Title
22, section 3473.

 
4. Access to files and records. The Office of Advocacy,
through the chief advocate and the other advocates, and Adult
Protective Services has access, limited only by the law, to the
files, records and personnel of any institution, facility or
agency administered, licensed or funded by the department. All
persons with knowledge about an incident related to client care,
including client-to-client assault, staff-to-client assault,


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