§ 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.