Sec. 5. Ensuring the civil rights of individuals in guardianships, conservatorships, and other protective arrangements
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The Attorney General and the Assistant Attorney General for Civil Rights of the Department of Justice, with significant input from the Council and a stakeholder group process, shall establish standards for the inherent civil rights of a covered individual in a guardianship, a conservatorship, or another protective arrangement, including standards related to— which inherent civil rights cannot be restricted, which can be restricted but not delegated, and which can be restricted but only with further due process protections; due process protections for the inherent civil rights; the fundamental rights described in section 2(a)(5); rights related to— voting access and decisionmaking; decisionmaking concerning marriage and other relationships, including romantic, friendship, and family relationships; reproductive decisionmaking; financial decisionmaking on matters that do not jeopardize long-term security; educational decisionmaking; health and medical decisionmaking, including the right to private communication between an individual and the individual’s health care provider; decisionmaking for religious observation and activities; decisionmaking concerning a place of residency; decisionmaking for visitation and association; decisionmaking for travel; communication; and decisionmaking for daily decisions; and maintenance of a covered individual’s inherent civil rights in their decisionmaking; and The Attorney General shall make the standards described in subsection
(a)available and accessible to covered individuals, family members and guardians of covered individuals, judges and court personnel, school personnel, especially special education teachers and administrators, minority language communities, and additional appropriate entities and individuals. In this subsection— the term Byrne grant means a grant under the Edward Byrne Memorial Justice Assistance Grant Program established under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq. ); the term State does not include an Indian Tribe; the term State or Indian Tribe violates the standards to protect inherent civil rights means a State or Indian Tribe failed to protect the inherent civil rights of 1 or more covered individuals residing in the State or the area under the jurisdiction of the Indian Tribe, respectively, who is in a guardianship, a conservatorship, or another protective arrangement, in accordance with the standards established under subsection (a). The Attorney General and the Assistant Attorney General for Civil Rights, with significant consultation with the Council, shall establish reductions in the amount of the Byrne grants that will be made available to a State or Indian Tribe if the State or Indian Tribe violates the standards to protect inherent civil rights. The Attorney General— shall accept allegations that a State or Indian Tribe violated the standards to protect inherent civil rights; may, based on an allegation described in subparagraph (A), or on the Attorney General's own initiative, review and determine whether a State or Indian Tribe violated the standards to protect inherent civil rights; and if the Attorney General determines a State or Indian Tribe violated the standards to protect inherent civil rights, may reduce the amount of Byrne grants to the State or Indian Tribe, respectively, in accordance with the reductions established under paragraph (2). A State that seeks funding under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10151 et seq. ) shall include, in the application submitted under section 502 of that Act ( 34 U.S.C. 10153 ), an assurance that the State is implementing and enforcing the standards issued under this section and section 6(c).
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Sec. 5
Ensuring the civil rights of individuals in guardianships, conservatorships, and other protective arrangements
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