§333F-8.5  Advocacy agency for persons with developmental disabilities and mental illness.  (a)  The purpose of this section is to comply with federal law, which mandates the states to provide advocacy services to persons with developmental disabilities and mental illness in order to receive federal funds.

     (b)  The governor may designate an entity or agency to carry out the purposes of this section.

     (c)  The entity or agency designated by the governor shall have access to all records of any person with developmental disabilities or mental illness, to the extent required by federal law.

     (d)  The entity or agency so designated by the governor shall provide those advocacy services to persons with developmental disabilities or mental illness as required by federal law.  All departments and agencies of the State and the judiciary shall cooperate with the entity or agency so designated to carry out the purposes of this section. [L 1992, c 249, §1; am L 1995, c 189, §8]

Case Notes

  Discussed, where the court found that the Developmental Disabilities Assistance and Bill of Rights Act (42 U.S.C. §15001 et seq.) creates a private right of action in federal court.  513 F. Supp. 2d 1185 (2007).