§ 25-01.3-06 — Authority of project - Annual report

North Dakota § 25-01.3-06

• Jurisdiction: North Dakota
• Title 25: Mental and Physical Illness or Disability
• Ch. 25-01.3: Committee on Protection and Advocacy

Text

1. Pursuant to rules adopted by the committee, the project, within the limits of legislative
appropriations, shall provide advocacy and protective services for persons with
developmental disabilities and persons with mental illnesses. The rules adopted by the
committee relating to the need for the consent of the client must balance the rights of
persons with developmental disabilities or mental illnesses to privacy and to refuse
services under section 25-01.3-11 with the committee's duties to protect the human
and legal rights of persons eligible for services and to monitor facilities for compliance
with federal and state laws and rules.
2. The project may:
a. Represent persons with developmental disabilities or mental illnesses so the
persons may realize the rights and services to which they are entitled.
b. Investigate complaints and reports if the alleged incidents are reported to the
committee or the project or if there is probable cause to believe the incidents
occurred.
c. Monitor individual habilitation or treatment plans, program plans, educational
plans, facilities and programs, and all other services and care provided to
persons with developmental disabilities or mental illnesses.
d. Employ counsel to represent clients to pursue legal, administrative, voluntary
compliance, and other appropriate remedies to ensure the protection of the rights
of persons with developmental disabilities or mental illnesses, and employ
counsel to represent the project or the committee when, in the opinion of the
attorney general, a conflict of interest under the North Dakota Rules of
Professional Conduct exists between the office of attorney general and the
committee or the project, and the conflict cannot be avoided by the appointment
of counsel under subsection 3 of section 54-12-01 or section 54-12-08.
e. Pursue legal, administrative, voluntary compliance, and other appropriate
remedies to ensure the protection and the rights of persons with developmental
disabilities or mental illnesses. Before instituting legal action in a federal or state
court on behalf of a person with developmental disabilities or mental illnesses, the
project shall exhaust in a timely manner all administrative remedies if appropriate.
If, in pursuing administrative remedies, the project determines a matter with
respect to that person will not be resolved within a reasonable time, the project
may pursue alternative remedies, including the initiation of a legal action with the
consent of the committee. However, exhaustion of administrative remedies is not
a prerequisite to initiation of a legal action if that action is instituted to prevent or
eliminate imminent serious harm to a person with developmental disabilities or
mental illnesses.
f. Sign a criminal complaint necessary to protect the interests of a person with
developmental disabilities or mental illness, or group of persons with
developmental disabilities or mental illnesses, who appear to have been
victimized by or subjected to criminal conduct.
g. Review each annual survey report and plan of corrections for cited deficiencies
made pursuant to titles XVIII and XIX of the Social Security Act with respect to
any facility rendering care or treatment to persons with developmental disabilities
or mental illnesses.
h. Provide the public, on an annual basis, an opportunity to comment on the
priorities established by, and the activities of the committee.
i. Establish a grievance procedure for clients or prospective clients to ensure
persons with developmental disabilities or mental illnesses have full access to the
services of the committee.
j. Prepare an annual report to the legislative assembly and the governor describing
the priorities, activities, accomplishments, and expenditures of the system.
k. Provide information on and referral to programs and services addressing the
needs of persons with developmental disabilities or mental illnesses.

l. Accept and administer gifts, grants, or contracts with individuals or organizations,
including the federal government, on such terms as may be beneficial to the
state.
m. Contract with any person, public or private, to carry out any responsibilities of the
project under this chapter and section 25-01-01.1.
3. The project shall use the report, complaint, and investigation process to assess the
opportunity for voluntary compliance and other appropriate remedies.