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.