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Code · BILL · 119th Congress · S. 4247 (Introduced in Senate) — To establish rights for people being considered for and in protective arrangements, including guardianships and conse... · Sec. 6

Sec. 6. Protection and advocacy program for oversight of protective arrangements

473 words·~2 min read·/bill/119/s/4247/is/section-6

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Title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15001 et seq. ) is amended by adding at the end the following: In this section: The terms American Indian Consortium and State have the meanings given the terms in section 102. Except as provided in paragraphs
(1)and (3), the terms used in this section have the meanings given the terms in section 3 of the Guardianship Bill of Rights Act of 2026. The term protection and advocacy system means— a protection and advocacy system established in accordance with section 143; and an American Indian Consortium that provides protection and advocacy services under section 142. The Secretary, acting through the Administrator for the Administration for Community Living, shall establish a Protection and Advocacy Program, for oversight and monitoring of State and local guardianships, conservatorships, and other protective arrangements. The Secretary shall make a grant to each protection and advocacy system to establish or expand a Protection and Advocacy Program for Oversight of Protective Arrangements. In order for a protection and advocacy system for a State or serving an American Indian tribe to receive a grant under this section— the State or tribe shall have in effect a protective arrangement oversight system to protect and advocate for the rights of covered individuals concerning protective arrangements; and the protective arrangement oversight system shall have the authority to— pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of covered individuals within the State or American Indian tribe who are being considered for or in a protective arrangement; provide legal representation to covered individuals who— are facing a proceeding to establish a protective arrangement; or who desire to modify or discontinue a protective arrangement; provide information, referrals, training, and legal representation to enable a covered individual to establish or defend a supported decisionmaking arrangement or another alternative arrangement, including providing such services in plain language, American Sign Language, and other minority languages; and investigate incidents of abuse of guardianships and other protective arrangements. An entity that receives a grant under this section for a protective arrangement oversight system shall carry out the activities described in subsection
(d)or (f). The protective arrangement oversight system may not use the grant funds to provide legal representation, or other services, to persons seeking to establish or maintain (with or without modification) a guardianship or conservatorship. Each entity that receives a grant under this section for a protective arrangement oversight system shall prepare and submit to the Secretary, in accordance with such requirements as the Secretary may specify, information on activities carried out through the corresponding program described in subsection (c). There is authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2027 and each succeeding fiscal year. .
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Sec. 6
Protection and advocacy program for oversight of protective arrangements
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