TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-5
Mental Health Law

SECTION 40.1-5-22

§ 40.1-5-22. Duties of the mental health advocate.

The mental health advocate shall perform the following duties:

(1) Ensure that each person in treatment and, in proper cases, others interested in the person's welfare, is apprised of his or her rights under this chapter.

(2) Review periodically the procedures established by facilities to carry out provisions of this chapter.

(3) Assist any patient to obtain needed legal assistance concerning problems not related to the provisions of this chapter by referring the persons to appropriate lawyer referral services, public or private, depending upon the person's ability to pay, and assist the persons in the preparation and transmission of correspondence, forms, and other communications.

(4) Review complaints of persons and investigate those where it appears that a person may be in need of assistance from the mental health advocate.

(5) Investigate and report to the director or person in charge of any facility, any occurrences, conditions, or practices with respect to procedure, personnel, or facilities that reflect inadequacies with reference to the provisions of this chapter.

(6) Act as counsel for all indigent persons and to assist other than indigents to secure counsel relating to the application of the provisions of this chapter, including, but not limited to, judicial proceedings hereunder.

(7) Take all possible action including, but not limited to, programs of public education, legislative advocacy, and formal legal action, to secure and ensure the legal, civil, and special rights of persons who are subject to the provisions of this chapter.

(8) Establish a formal liaison between the mental health advocate and community-based mental health clinics and other community facilities.

History of Section.
(P.L. 1974, ch. 119, § 1; P.L. 1980, ch. 226, § 12; P.L. 1982, ch. 414, § 14.)