Section 25-01.3-06 - Authority of project - Annual report1. Pursuant to rules adopted by the committee, the project, within the limits of legislative appropriations, shall provide advocacy and protective services for persons with developmental disabilities and persons with mental illnesses. The rules adopted by the committee relating to the need for the consent of the client must balance the rights of persons with developmental disabilities or mental illnesses to privacy and to refuse services under section 25-01.3-11 with the committee's duties to protect the human and legal rights of persons eligible for services and to monitor facilities for compliance with federal and state laws and rules.2. The project may: a. Represent persons with developmental disabilities or mental illnesses so the persons may realize the rights and services to which they are entitled.b. Investigate complaints and reports if the alleged incidents are reported to the committee or the project or if there is probable cause to believe the incidents occurred.c. Monitor individual habilitation or treatment plans, program plans, educational plans, facilities and programs, and all other services and care provided to persons with developmental disabilities or mental illnesses.d. Employ counsel to represent clients to pursue legal, administrative, voluntary compliance, and other appropriate remedies to ensure the protection of the rights of persons with developmental disabilities or mental illnesses, and employ counsel to represent the project or the committee when, in the opinion of the attorney general, a conflict of interest under the North Dakota Rules of Professional Conduct exists between the office of attorney general and the committee or the project, and the conflict cannot be avoided by the appointment of counsel under subsection 3 of section 54-12-01 or section 54-12-08.e. Pursue legal, administrative, voluntary compliance, and other appropriate remedies to ensure the protection and the rights of persons with developmental disabilities or mental illnesses. Before instituting legal action in a federal or state court on behalf of a person with developmental disabilities or mental illnesses, the project shall exhaust in a timely manner all administrative remedies if appropriate. If, in pursuing administrative remedies, the project determines a matter with respect to that person will not be resolved within a reasonable time, the project may pursue alternative remedies, including the initiation of a legal action with the consent of the committee. However, exhaustion of administrative remedies is not a prerequisite to initiation of a legal action if that action is instituted to prevent or eliminate imminent serious harm to a person with developmental disabilities or mental illnesses.f. Sign a criminal complaint necessary to protect the interests of a person with developmental disabilities or mental illness, or group of persons with developmental disabilities or mental illnesses, who appear to have been victimized by or subjected to criminal conduct.g. Review each annual survey report and plan of corrections for cited deficiencies made pursuant to titles XVIII and XIX of the Social Security Act with respect to any facility rendering care or treatment to persons with developmental disabilities or mental illnesses.h. Provide the public, on an annual basis, an opportunity to comment on the priorities established by, and the activities of the committee.i. Establish a grievance procedure for clients or prospective clients to ensure persons with developmental disabilities or mental illnesses have full access to the services of the committee.j. Prepare an annual report to the legislative assembly and the governor describing the priorities, activities, accomplishments, and expenditures of the system.k. Provide information on and referral to programs and services addressing the needs of persons with developmental disabilities or mental illnesses.l. Accept and administer gifts, grants, or contracts with individuals or organizations, including the federal government, on such terms as may be beneficial to the state.m. Contract with any person, public or private, to carry out any responsibilities of the project under this chapter and section 25-01-01.1.3. The project shall use the report, complaint, and investigation process to assess the opportunity for voluntary compliance and other appropriate remedies.Amended by S.L. 2021, ch. 221 (SB 2134),§ 2, eff. 8/1/2021.