Upon (A) the receipt of a written request to investigate a complaint that has been signed by a person with a developmental or other disability, his parent, legal guardian, any relative or a state agency; or upon (B) the receipt of a complaint of abuse or threatened abuse to a person with a developmental or other disability who is not capable of giving informed consent for the system to investigate the complaint and who does not have a parent or legal guardian to sign a written request to investigate the complaint, the system may:

(1) Interview any member of the staff of the program or facility which is providing or did provide treatment, services or habilitation to the person making the complaint or on whose behalf the complaint is made.

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Terms Used In South Carolina Code 43-33-370

  • Abuse: means the definition defined by § 43-30-20. See South Carolina Code 43-33-340
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Complaint: means an oral or written allegation by a person with a developmental or other disability, the parent or legal guardian of such person, a state agency or any other responsible person to the effect that the person with a developmental or other disability is being subjected to injury or deprivation with regard to his health, safety, welfare, rights or level of care. See South Carolina Code 43-33-340
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Ombudsman: means the office provided for pursuant to § 43-38-10, et seq. See South Carolina Code 43-33-340
  • System: means Protection and Advocacy for People with Disabilities, Inc. See South Carolina Code 43-33-340
  • Threatened abuse: means the definition defined by § 43-30-20. See South Carolina Code 43-33-340

(2) Inspect and copy any documents, records, files, books, charts or other writings which are maintained in the regular course of business by the program or facility and which bear upon the subject matter of the individual complaint, except for the individual medical, treatment or other personal records of other persons in the program or facility.

(3) Request the assistance of any rights protection or advocacy services provided by the program or facility.

(4) Refer a complaint to the ombudsman, law enforcement agencies or any other public or private programs or facilities, as it deems appropriate.