53-21-169. Protection and advocacy system -- designation and authority.

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53-21-169 . Protection and advocacy system -- designation and authority.

(1)A protection and advocacy system for individuals with a significant mental illness or emotional impairment is designated by the governor and may be administered in the state under the provisions of 42 U.S.C. 10801 through 10851. An eligible mental health protection and advocacy system under the provisions of 42 U.S.C. 10801 through 10851 must have as its primary goals:

(a)the protection and advocacy of the rights of mentally ill individuals who are defined in 42 U.S.C. 10802 as individuals with a significant mental illness or emotional impairment; and

(b)the investigation of incidents of abuse and neglect, as defined in 42 U.S.C. 10802, of mentally ill individuals.

(2)Pursuant to 42 U.S.C. 10801 and 10802, the protection and advocacy system may:

(a)investigate incidents of abuse and neglect of mentally ill individuals;

(b)pursue administrative, legal, and other appropriate remedies to ensure the protection of mentally ill individuals who are residents of the state and are receiving care or treatment in the state;

(c)have access to all mentally ill individuals and all facilities, wards, and living quarters as necessary to fulfill the goals described in subsection (1); and

(d)pursuant to 42 U.S.C. 10801 through 10851 and Title 50, chapter 16, part 5, have access to records, including:

(i)reports prepared by the staff of a mental health care and treatment facility;

(ii)reports prepared by an agency investigating reports of abuse, neglect, and injury occurring at a facility and that describe the incidents and the steps taken to investigate the reports;

(iii)reports provided by the director of the department pursuant to 53-21-107 (9); and

(iv)discharge planning records.

(3)All information obtained under this section must be kept confidential pursuant to 42 U.S.C. 10806.

(4)The protection and advocacy system described in this section is independent of any public or private agency that provides treatment or services to the mentally ill.