§ 13.34 On-site client advocacy in developmental centers.\n 1. There shall be at each developmental center facility listed in\nsection 13.17 of this article, an ombudsman who shall be an employee of\nthe justice center for the protection of people with special needs under\narticle twenty of the executive law and who shall be responsible for\nreceiving and responding to any complaints regarding individuals\nreceiving services residing in such facility. The ombudsman shall have\nthe following powers and duties:\n i. to advise and consult with individuals receiving services, parents,\nguardians, correspondents and other interested persons with respect to\nany complaints, or issues related to individuals receiving services;\n ii. to review and attempt to remedy specific complaints with\nresponsible and appropriate staff;\n iii. where it appears that care has not been rendered as required by\napplicable standards to refer the complaint to the appropriate agency or\nbody for its attention;\n iv. to receive and keep confidential any complaint, information or\ninquiry from any source. The records of the ombudsman shall be\nconfidential, and shall not be available to the public;\n v. to advise and consult with the board of visitors served by the\nombudsman with respect to any complaints or issues relating to\nindividuals receiving services, treatment and care and to regularly\nattend the meetings of such board; and\n vi. to meet with the commissioner, or a representative of the\ncommissioner, on a quarterly basis regarding systemic issues in the\nombudsman's jurisdiction.\n 2. The ombudsman shall be afforded initial training and orientation by\nthe justice center for the protection of people with special needs.\n 3. The director of each developmental center shall insure that\nparents, guardians and correspondents of clients and other interested\npersons at the facility under his direction are informed with respect to\nthe existence and duties of the ombudsman established pursuant to this\nsection by regularly and conspicuously posting the name, location and\nduties of the ombudsman within such facility.\n 4. The facility director shall insure that each ombudsman is given\nreasonable and private office quarters, including a means of record\nkeeping, on the grounds of the facility under his or her direction and\nthat adequate administrative resources are provided to the ombudsman for\nthe purpose of carrying out the duties prescribed by this section.\n 5. No one shall prevent or inhibit the ombudsman from reasonably\nexecuting the powers and duties prescribed by this section.\n
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