South Carolina § 43-33-350 - Powers and duties of System.

§ 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 Office of Mental Health.

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

HISTORY: 1979 Act No. 48, SECTION 5; 1980 Act No. 465; 1988 Act No. 631, eff June 2, 1988; 1990 Act No. 381, SECTION 1, eff March 19, 1990; 1993 Act No. 133, SECTION 1, eff June 14, 1993; 2017 Act No. 52 (S.325), SECTION 4, eff May 19, 2017.

Code Commissioner's Note

At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18.

Editor's Note

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."

Effect of Amendment

2017 Act No. 52, SECTION 4, in (1), substituted "persons with a developmental or other disability" for "developmentally disabled person" and "with disabilities" for "handicapped"; in (2), substituted "person with a developmental or other disability" for "developmentally disabled or handicapped person"; in (3), substituted "disabilities" for "handicapping conditions"; in (4), substituted "person with a developmental or other disability" for "developmentally disabled or handicapped person", deleted the fifth sentence, which had provided that a designee must meet criteria developed by the Joint Legislative Committee on Mental Health and Mental Retardation, and deleted reference to the Joint Legislative Committee on Mental Health and Mental Retardation in the last sentence; added (5); and made nonsubstantive changes.