S.C. Code § 43-33-350

Current through 2024 Act No. 209.

Section 43-33-350 - Powers and duties of System

The system has the following powers and duties:

(1) It shall protect and advocate for the rights of all persons with a developmental or other disability, including the requirements of Section 113 of Public Law 94-103, Section 105 of Public Law 99-319, and Section 112 of Public Law 98-221, all as amended, and for the rights of other persons with disabilities by pursuing legal, administrative, and other appropriate remedies to insure the protection of the rights of these persons.

(2) It may investigate complaints by or on behalf of any person with a developmental or other disability.

(3) It may establish a priority for the delivery of protection and advocacy services according to the type, severity, and number of disabilities of the person making a complaint or on whose behalf a complaint has been made.

(4) It may conduct team advocacy inspections of a facility providing residence to a person with a developmental or other disability. Inspections must be completed by the system's staff and trained volunteers. Team advocacy inspections are unannounced visits to review the living conditions of a residential facility, including the plans of care for individuals in a residential care facility and a community mental health center day program. Only the coordinator of the team advocacy project or the coordinator's designee is authorized to perform reviews of plans of care. The system shall prepare a report based on the inspection which must be submitted to the South Carolina Department of Health and Environmental Control and State Department of Mental Health.

(5) It shall administer the Client Assistance Program, as established pursuant to 29 U.S.C. Section 732.

S.C. Code § 43-33-350

Amended by 2017 S.C. Acts, Act No. 52 (SB 325), s 4, eff. 5/19/2017.

1993 Act No. 133, Section 1, eff 6/14/1993; 1990 Act No. 381, Section 1, eff 3/19/1990; 1988 Act No. 631, eff 6/2/1988; 1980 Act No. 465; 1979 Act No. 48, Section 5.

2017 Act No. 52, Sections 10 to 12, provide as follows:

"SECTION 10. The Governor shall take all actions necessary pursuant to 29 U.S.C. Section 732 to designate Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., as the South Carolina administrator of the Client Assistance Program.

"SECTION 11. Authorized appropriations and the assets and liabilities of the Client Assistance Program are transferred to and become part of Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc.

"SECTION 12. This act takes effect upon approval by the Governor. Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., shall administer the Client Assistance Program upon the completion of all necessary filings with the federal government."