Current StatusView additional legislative information at the LPITS web site.Bill Number: 896 Ratification Number: 554 Act Number 465 Introducing Body: Senate Subject: South Carolina Protection and Advocacy System for the Handicapped, Inc.
(A465, R554, S896)
AN ACT TO AMEND ACT 48 OF 1979, RELATING TO THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO PROVIDE FOR DEFINITIONS AND POWERS AND DUTIES FOR THE SYSTEM AND TO PROVIDE FOR IMMUNITY.
Be it enacted by the General Assembly of the State of South Carolina:
Definitions and powers and duties of system
Section 1. Act 48 of 1979 is amended by striking Section 4 and inserting:
"Section 4. As used in this act, unless the context requires otherwise:
(1) 'System' means the South Carolina Protection and Advocacy System for the Handicapped, Inc.
(2) 'Developmental disability' means a severe, chronic disability of a person which:
(a) is attributable to a mental or physical impairment or combination of mental and physical impairments;
(b) is manifested before the person attains age twenty-two;
(c) is likely to continue indefinitely;
(d) results in substantial functional limitations in three or more of the following areas of major life activity: (i) self-care, (ii) receptive and expressive language, (iii) learning, (iv) mobility, (v) self-direction, (vi) capacity for independent living and (vii) economic sufficiency;
(e) reflects the person's need for a combination and sequence of special, interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and coordinated.
(3) 'Developmentally disabled person' means a person who has a developmental disability and who receives or is entitled to receive treatment, services or habilitation within the State.
(4) 'Handicapped person' means a person defined by Act 437 of 1978.
(5) 'Complaint' means an oral or written allegation by a developmentally disabled or handicapped person, the parent or legal guardian of such person, a state agency or any other responsible person to the effect that the developmentally disabled or handicapped person is being subjected to injury or deprivation with regard to his health, safety, welfare, rights or level of care.
(6) 'Abuse' means the definition defined by Section 2(C) of Act 70 Of 1979.
(7) 'Threatened abuse' means the definition defined by Section 2(D) of Act 70 of 1979.
(8) 'Ombudsman' means the office provided for pursuant to Act 127 of 1977.
Section 5. The system shall have the following powers and duties:
(1) It shall protect and advocate for the rights of developmentally disabled persons, as required by Section 113 of Public Law 94-103, as amended, and for the rights of other handicapped persons by pursuing legal, administrative and other appropriate remedies to insure the protection of the rights of such persons.
(2) It may investigate complaints by or on behalf of any develop mentally disabled or handicapped person.
(3) It may establish a priority for the delivery of protection and advocacy services according to the type, severity, and number of handicapping conditions of the person making a complaint or on whose behalf a complaint has been made.
Section 6. Upon the receipt of a complaint, the system may interview the person making the complaint or the person on whose behalf the complaint is made.
Section 7. Upon (A) the receipt of a written request to investigate a complaint that has been signed by a developmentally disabled or handicapped person, his parent, legal guardian, any relative or a state agency; or upon (B) the receipt of a complaint of abuse or threatened abuse to a developmentally disabled or handicapped person who is not capable of giving informed consent for the system to investigate the complaint and who does not have a parent or legal guardian to sign a written request to investigate the complaint, the system may:
(1) Interview any member of the staff of the program or facility which is providing or did provide treatment, services or habilitation to the person making the complaint or on whose behalf the complaint is made.
(2) Inspect and copy any documents, records, files, books, charts or other writings which are maintained in the regular course of business by the program or facility and which bear upon the subject matter of the individual complaint, except for the individual medical, treatment or other personal records of other persons in the program or facility.
(3) Request the assistance of any rights protection or advocacy services provided by the program or facility.
(4) Refer a complaint to the ombudsman, law enforcement agencies or any other public or private programs or facilities, as it deems appropriate.
Section 8. The system shall not disclose the name or identity of any person, complainant, witness or subject of a complaint or any information or writing relating thereto unless the person or his parent or legal guardian authorizes in writing the release of such information but the system may make such disclosures as may be necessary to protect or advocate for the rights of the developmentally disabled or handicapped person concerned.
Section 9. Any person providing information to the system or who participates in judicial proceedings resulting therefrom, acting in good faith, shall be immune from civil and criminal liability which might otherwise result by reason of such actions. In all such civil or criminal proceedings good faith shall be rebuttably presumed.
Section 10. All departments, officers, agencies and institutions of the State shall cooperate with the system in carrying out its duties. Notwithstanding any other provision of law, all departments, officers, agencies and institutions of the State may, on the behalf of a developmentally disabled or handicapped person, request the system to provide protection and advocacy services. Notwithstanding any other provision of law, any program or facility shall permit the system to inspect and copy any record or documents provided for in Section 7(2).
Section 11. This act shall take effect upon approval by the Governor."
Time effective
Section 2. This act shall take effect upon approval by the Governor.