§15044 Administration

Summary

Sets rules for how a State’s protection and advocacy system is run and who serves on its board. If the system has a multi-member governing board, the board must be picked under the system’s own rules but must mostly represent the people it serves. Board members should know the needs of those people. A majority of the board must be either individuals with disabilities who are eligible for or have received services, or their parents, family members, guardians, advocates, or authorized representatives. The board can also include a State Council on Developmental Disabilities representative, State Centers, and the self-advocacy organization named in section 15024. No more than one-third of members may be appointed by the State’s chief executive officer. The system must set term limits so membership rotates, and any vacancy must be filled within 60 days. If a public system has no multi-member board, it must create an advisory council with the same majority membership rule. The system may sue a State or a State agency on behalf of people with developmental disabilities. Money won by judgment must only be used to further the system’s purpose and cannot be used to increase pay to legal contractors or give personal bonuses. The system must use federal help in a way that follows section 14404. For audits or reports, the Secretary cannot force programs to reveal anyone’s identity or other personal information. The Secretary must give public notice before any federal onsite review, ask for public comment, include those comments in the onsite report, and send that report to the Governor and other interested parties. Starting in fiscal year 2002, each system must send the Secretary an annual report describing its activities, accomplishments, spending, goals, obstacles, and how it sought and used public input.