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Connecticut Laws | Title 46a Human Rights
CHAPTER 813 PROTECTION AND ADVOCACY FOR PERSONS WITH DISABILITIES
Sec. 46a-9. Advocacy board established.

Sec. 46a-9. Advocacy board established. (41)(Text)

There is established a Board of Protection and Advocacy for Persons with Disabilities, hereinafter referred to as the advocacy board. The advocacy board shall advise the executive director of the Office of Protection and Advocacy for Persons with Disabilities on matters relating to advocacy policy, client service priorities and issues affecting persons with disabilities. Said advocacy board shall consist of fifteen members appointed by the Governor and be comprised of ten persons with disabilities or a parent or guardian of a person with a disability, at least four of whom shall represent developmentally disabled persons, and five persons who are knowledgeable in the problems of persons with disabilities including the state Americans with Disabilities Act coordinator and the chairperson for the advisory board of the protection and advocacy for individuals with mental illness program. No officer or employee of a state or private agency providing services to persons with disabilities other than the chairperson for the advisory board of the protection and advocacy for individuals with mental illness program, if applicable, may serve as a member of the advocacy board. The initial terms of the members of said advocacy board shall terminate on July 1, 1979, and thereafter the terms of the members of said advocacy board shall be coterminous with the term of the Governor. The Governor shall appoint one of the members of said board to serve as chairperson. All members of the advocacy board shall serve without compensation but shall be compensated for necessary expenses, incurred in the performance of their duties as board members. (42)

Sec. 46a-10. Advocacy office established. Qualifications of director. (43)(Text)

There is established an Office of Protection and Advocacy for Persons with Disabilities, hereinafter referred to as the advocacy office, for the protection and advocacy of the rights of persons with disabilities and developmentally disabled persons. The operations of the advocacy office shall be administered by a director of advocacy for persons with disabilities. Said director shall be a person knowledgeable in the problems of persons with disabilities or advocacy and shall be appointed by the Governor. The director may employ necessary staff, subject to available appropriations and the provisions of chapter 67. The director may adopt regulations in accordance with chapter 54, subject to the approval of said board, to carry out the purposes of this chapter. (44)

Sec. 46a-11. Duties and powers of director. (45)(Text)

The director may, within available appropriations: (46)

(1) Purchase or contract for necessary services including, but not limited to, legal services; (47)

(2) Receive and spend, pursuant to the purposes of this chapter, moneys in the form of gifts, bequests, state appropriations, state or private grants or federal grants; (48)

(3) Establish a state-wide toll-free telephone information and referral system for persons with disabilities for referral of such persons to appropriate public or private agencies or services. Such information and referral system may be coordinated with the Governor's state-wide information bureau or any other existing information and referral services; (49)

(4) Receive and investigate complaints from persons with disabilities, parents or guardians of such persons or in writing from any other interested person, act as an advocate for any person with a disability and initiate or fund legal actions to protect the rights of any person with a disability; (50)

(5) Request and receive information, including personal data, concerning a person with a disability from any state or private agency, with the consent of such person with a disability, or the parent or guardian of such person, as appropriate. With respect to a developmentally disabled adult who has no guardian or whose guardian is an employee of the Department of Developmental Services, the director may request and receive such information only if: (51)

(A) A request for advocacy services has been made on such person's behalf; (52)

(B) Such person does not indicate refusal to give consent to receipt of the information by the director; (53)

(C) Such person resides in a facility for developmentally disabled persons, including any institution, as defined in subsection (a) of section 19a-490, or has been placed in a boarding home, group home or other residential facility pursuant to section 17a-277; (54)

(D) Such person has received an explanation of the manner in which any information obtained concerning such person will be used by the advocacy office; (55)

(E) Such person has received an explanation of such person's right to refuse to allow the director to request or receive such information; and (56)

(F) The director has documented the director's conscientious efforts to provide the required explanations and verified that the developmentally disabled person has not indicated refusal to give consent; (57)

(6) Coordinate and cooperate with other private and public agencies concerned with the implementation, monitoring and enforcement of the rights of persons with disabilities and enter into cooperative agreements with public or private agencies for furtherance of the rights of persons with disabilities; (58)

(7) Represent, appear, intervene in or bring an action on behalf of any person with a disability or class of persons, with the consent of such person or the parent or legal guardian of such person, in any proceeding before any court, agency, board or commission in this state in which matters related to this chapter are in issue; (59)

(8) Implement, with the approval of the individual using a service provided by the advocacy office, a case follow-up system; (60)

(9) Research and identify the needs of persons with disabilities and programs and services available to meet those needs; (61)

(10) Develop and maintain a program of public education and information, such program to include, but not be limited to, education of the public concerning the needs and rights of persons with disabilities, in cooperation with existing state and private agencies, an outreach effort to discover persons with disabilities in need of assistance or an advocate and provisions for a class or group advocacy service; (62)

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