Special Investigatory Authority of ODLC
The PADD and PAIMI statutes provide the P&As extraordinary investigative access authority. The PAIR and TBI statutes both contain language incorporating the authority found in the PADD statute.
ODLC has:
Routine access to all individuals with developmental disabilities in facilities providing services.
Access (within 3 days of request) to all records of individuals with developmental disabilities and other records that are relevant to conducting an investigation:
When the individual is a client of the P&A and the individual (or a guardian) authorizes such access
When the P&A receives a complaint regarding the treatment of an individual or if, as a result of its monitoring activities, there is probable cause to believe that such individual has been subject to abuse or neglect and the individual, because of mental or physical condition cannot authorize access and there is no guardian, or the guardian is the state, or a non-state guardian does not respond to the P&A’s offer to assist.
Immediate access (within 24 hours of request), without consent from another party, to all records in the event of a death, or if the P&A determines there is probable cause to believe that the health or safety of an individual is in serious and immediate jeopardy.