§333F-8.5  Advocacy agency for persons with
developmental disabilities and mental illness.  (a)  The purpose of this
section is to comply with federal law, which mandates the states to provide
advocacy services to persons with developmental disabilities and mental illness
in order to receive federal funds.



(b)  The governor may designate an entity or
agency to carry out the purposes of this section.



(c)  The entity or agency designated by the
governor shall have access to all records of any person with developmental
disabilities or mental illness, to the extent required by federal law.



(d)  The entity or agency so designated by the
governor shall provide those advocacy services to persons with developmental
disabilities or mental illness as required by federal law.  All departments and
agencies of the State and the judiciary shall cooperate with the entity or
agency so designated to carry out the purposes of this section. [L 1992, c 249,
§1; am L 1995, c 189, §8]



 



Case Notes



 



  Discussed, where the court found that the Developmental
Disabilities Assistance and Bill of Rights Act (42 U.S.C. §15001 et seq.)
creates a private right of action in federal court.  513 F. Supp. 2d 1185.