Anonymous ID: 73b84c April 12, 2018, 1:05 a.m. No.1010182   🗄️.is đź”—kun

http:// www. ndrn.org/about/paacap-network.html

 

Special Investigatory Authority of P&As

 

The PADD and PAIMI statutes provide the P&As extraordinary investigative access authority. P&As have: Routine

ACCESS TO ALL INDIVIDUALS

with developmental disabilities in facilities providing services.

Access (within 3 days of request) to all records of individuals with developmental disabilities and other records that are relevant to conducting an investigation

When the individual is a client of the P&A and the individual (or a guardian) authorizes such access

When the P&A receives a complaint regarding the treatment of an individual or if, as a result of its monitoring activities, there is “probable cause to believe that such individual has been subject to abuse or neglect” and the individual, because of mental or physical condition cannot authorize access and there is no guardian, or the guardian is the state, or a non-state guardian does not respond to the P&A’s offer to assist.

Immediate access (within 24 hours of request), without consent from another party, to all records in the event of a death, or if the P&A determines there is “probable cause to believe that the health or safety of an individual is in serious and immediate jeopardy.”

A number of state laws give their P&As additional authority; for example, requiring facilities to report deaths and/or other types of incidents directly to the P&As.

 

P&As often face resistance to their efforts to investigate abuse and neglect, and numerous cases have been brought by P&As to enforce their access rights. P&As can take a variety of actions in response to findings of abuse and neglect and usually try a combination of steps. They may litigate to enforce constitutional and statutory rights of facility residents individually or as a class action; they may issue public reports describing their findings and recommending corrective action; they may develop cooperative protocols with facilities for monitoring and making improvements; and they may provide technical assistance to facilities and self advocacy training for individuals with disabilities.