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 chapter, an ombudsman who shall be an employee of the office and who shall be responsible for receiving and responding to any complaints regarding individual clients residing in such facility. The ombudsman shall have the following powers and duties: i. to advise and consult with parents, guardians, correspondents and other interested persons with respect to any complaints, or issues related to the conditions of clients' residents; 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 of the developmental center served by the ombudsman with respect to any complaints or issues relating to conditions of client's residence and to regularly attend the meetings of such board. 2. The president of the board of visitors of each developmental center facility listed in section 13.17 of this chapter, shall, in consultation with the members of such board, recommend three persons to serve as ombudsman at the facility. In making such recommendation, the president shall also consider the expressed opinion of parents, guardians and correspondents of clients residing at such facility. The persons so recommended as ombudsman shall have expressed an active interest or shall have had professional knowledge in advocating for persons who are mentally disabled. The commissioner shall select one of the recommended persons as ombudsman. The ombudsman may only be removed from office for just cause. An individual appointed as ombudsman shall be an exempt class employee as defined by section forty-one of the civil service law and may be removed by the commissioner upon the recommendation of the president of the board of visitors, for cause after notice and opportunity for a hearing on the charges. 3. The ombudsman shall be afforded initial training and orientation by the commission on quality of care for the mentally disabled. 4. 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. 5. 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. 6. No one shall prevent or inhibit the ombudsman from reasonably executing the powers and duties prescribed by this section.