N.Y. Mental Hygiene Law § 13.34: On-site client advocacy in developmental centers

§ 13.34 On-site client advocacy in developmental centers.

1. There shall be at each developmental center facility listed in

section 13.17 of this article, an ombudsman who shall be an employee of

the justice center for the protection of people with special needs under

article twenty of the executive law and who shall be responsible for

receiving and responding to any complaints regarding individuals

receiving services residing in such facility. The ombudsman shall have

the following powers and duties:

i. to advise and consult with individuals receiving services, parents,

guardians, correspondents and other interested persons with respect to

any complaints, or issues related to individuals receiving services;

ii. to review and attempt to remedy specific complaints with

responsible and appropriate staff;

iii. where it appears that care has not been rendered as required by

applicable standards to refer the complaint to the appropriate agency or

body for its attention;

iv. to receive and keep confidential any complaint, information or

inquiry from any source. The records of the ombudsman shall be

confidential, and shall not be available to the public;

v. to advise and consult with the board of visitors served by the

ombudsman with respect to any complaints or issues relating to

individuals receiving services, treatment and care and to regularly

attend the meetings of such board; and

vi. to meet with the commissioner, or a representative of the

commissioner, on a quarterly basis regarding systemic issues in the

ombudsman's jurisdiction.

2. The ombudsman shall be afforded initial training and orientation by

the justice center for the protection of people with special needs.

3. The director of each developmental center shall insure that

parents, guardians and correspondents of clients and other interested

persons at the facility under his direction are informed with respect to

the existence and duties of the ombudsman established pursuant to this

section by regularly and conspicuously posting the name, location and

duties of the ombudsman within such facility.

4. The facility director shall insure that each ombudsman is given

reasonable and private office quarters, including a means of record

keeping, on the grounds of the facility under his or her direction and

that adequate administrative resources are provided to the ombudsman for

the purpose of carrying out the duties prescribed by this section.

5. No one shall prevent or inhibit the ombudsman from reasonably

executing the powers and duties prescribed by this section.