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

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

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

(d)  The entity or agency so designated by thegovernor shall provide those advocacy services to persons with developmentaldisabilities or mental illness as required by federal law.  All departments andagencies of the State and the judiciary shall cooperate with the entity oragency 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 DevelopmentalDisabilities 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.