Section 13.34. On-site client advocacy in developmental centers

1.  There  shall  be  at  each developmental center facility listed in
  section 13.17 of this chapter, an ombudsman who shall be an employee  of
  the  office and who shall be responsible for receiving and responding to
  any complaints regarding individual clients residing in  such  facility.
  The ombudsman shall have the following powers and duties:
    i.  to  advise and consult with parents, guardians, correspondents and
  other interested persons with  respect  to  any  complaints,  or  issues
  related to the conditions of clients' residents;
    ii.   to  review  and  attempt  to  remedy  specific  complaints  with
  responsible and appropriate staff;
    iii. where it appears that care has not been rendered as  required  by
  applicable standards to refer the complaint to the appropriate agency or
  body for its attention;
    iv.  to  receive  and  keep confidential any complaint, information or
  inquiry  from  any  source.  The  records  of  the  ombudsman  shall  be
  confidential, and shall not be available to the public;
    v.   to  advise  and  consult  with  the  board  of  visitors  of  the
  developmental center  served  by  the  ombudsman  with  respect  to  any
  complaints or issues relating to conditions of client's residence and to
  regularly attend the meetings of such board.
    2. The president of the board of visitors of each developmental center
  facility listed in section 13.17 of this chapter, shall, in consultation
  with  the  members  of  such  board, recommend three persons to serve as
  ombudsman at the facility. In making such recommendation, the  president
  shall  also  consider  the  expressed  opinion of parents, guardians and
  correspondents of clients residing at  such  facility.  The  persons  so
  recommended  as  ombudsman  shall  have  expressed an active interest or
  shall have had professional knowledge in advocating for persons who  are
  mentally  disabled. The commissioner shall select one of the recommended
  persons as ombudsman. The ombudsman may only be removed from office  for
  just  cause.  An  individual  appointed  as ombudsman shall be an exempt
  class employee as defined by section forty-one of the civil service  law
  and  may  be  removed by the commissioner upon the recommendation of the
  president  of  the  board  of  visitors,  for  cause  after  notice  and
  opportunity for a hearing on the charges.
    3. The ombudsman shall be afforded initial training and orientation by
  the commission on quality of care for the mentally disabled.
    4.  The  director  of  each  developmental  center  shall  insure that
  parents, guardians and correspondents of clients  and  other  interested
  persons at the facility under his direction are informed with respect to
  the  existence  and duties of the ombudsman established pursuant to this
  section by regularly and conspicuously posting the  name,  location  and
  duties of the ombudsman within such facility.
    5.  The  facility  director  shall insure that each ombudsman is given
  reasonable and private office quarters,  including  a  means  of  record
  keeping,  on  the grounds of the facility under his or her direction and
  that adequate administrative resources are provided to the ombudsman for
  the purpose of carrying out the duties prescribed by this section.
    6. No one shall prevent  or  inhibit  the  ombudsman  from  reasonably
  executing the powers and duties prescribed by this section.