2023 Laws of Puerto Rico › TITLE ONE - The Commonwealth (§§ 1 — 5289) › Chapter 42 - Commonwealth of Puerto Rico Persons with Disabilities Advocacy Office Act (§§ 811 — 851) › Subchapter II - Persons with Disabilities Advocacy Office (§§ 812 — 828) › § 828 - Persons with Disabilities Protection and Advocacy Division

The Persons with Disabilities Protection and Advocacy Division is hereby created as an independent division attached to the Persons with Disabilities Advocacy Office. Said Division shall be the entity designated to operate as the Protection and Advocacy System of Puerto Rico, in accordance with the applicable federal regulations in order to protect the rights of persons with disabilities. Said division shall be directed by an Executive Director, who shall be appointed as provided in this chapter. The Executive Director shall establish the organizational structure of the Division, in accordance with the requirements of law and the applicable regulations issued by the United States Federal Government entities that administer any funds allotted to persons with disabilities protection and advocacy systems. Said Division shall have authority to provide legal assistance to persons with disabilities with respect to complaints for abuse, negligence, or any event adversely affecting the rights of persons with disabilities. For such purposes, the Division shall provide directly, through contracts or referrals, in its discretion, professional legal services, or appear by and on behalf of persons who qualify to obtain any benefit or right under the laws or regulations of the Commonwealth of Puerto Rico, municipal ordinances, and federal laws, before any court, administrative or mediation forum, board, commission, or office. Likewise, the Division shall have authority to bring actions against the Commonwealth of Puerto Rico in any of the aforementioned forums.
(a) The Division shall have the following authorities:
(1) To pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of persons with disabilities.
(2) To provide information and refer persons with disabilities or their family members to adequate programs and services to address their needs.
(3) To investigate incidents of abuse or neglect of persons with disabilities.
(4) On an annual basis, provide to the public in general, including persons with disabilities or their representatives, and as appropriate, non-State agency representatives of the State Council on Developmental Disabilities the opportunity to comment on the goals and the activities performed by the Division.
(5) To provide the services of the Division to persons with disabilities at reasonable times according to available resources.
(6) To have access to all documents and records of any person with disabilities insofar as such person is a client of the Division, if such person or his/her legal guardian, conservator, or other legal representative authorized the Division to have access to such information. Likewise, the Division shall have access to the records of a person with disabilities in the following cases:
(A) A person with disabilities, by reason of his/her mental or physical condition, is unable to authorize the Division to have access to his/her records; a person with disabilities does not have a legal guardian, conservator, or other legal representative, or the legal representative of said person is the Commonwealth of Puerto Rico; and the Division received a complaint about the person with disabilities with regard to his/her status or treatment or, as a result of monitoring or other activities, there is probable cause to believe that such person has been subject to abuse or neglect;
(B) A person with disabilities has a legal guardian, conservator, or other legal representative; the Division received a complaint about the person with disabilities with regard to his/her status or treatment or, as a result of monitoring or other activities, there is probable cause to believe that such person has been subject to abuse or neglect; the Division contacted such legal guardian, conservator, or other legal representative, upon receipt of the contact information of such representative; the Division has offered assistance to such representative; and such representative has failed or refused to act on behalf of the person with disabilities.
(7) To hire and maintain sufficient numbers and types of qualified personnel to perform the functions established in this chapter and the applicable Federal laws. It is hereby provided that, in accordance with the applicable Federal and State rules, there shall not be established prohibitions or conditions on the hiring of personnel or prohibitions on travel, to the extent that such policies would impact the functions of the Division funded with Federal funds or would prevent the Division from performing the functions established under this chapter. Any attorney hired by the Division must be admitted to practice his/her profession by the United States District Court for the District of Puerto Rico.
(8) To educate policymakers in subjects related to the rights of persons with disabilities.
(9) To file quarterly reports with the Director’s Council on the activities performed and on any recommendations that promote the efficient operations of the Division. Said reports shall be published on the Advocacy Office’s webpage.
(b) The Division shall establish a grievance procedure to ensure that persons with disabilities have full access the services of the Division.
(c) The Division shall operate with administrative and fiscal independence, and shall answer directly to the Director’s Council. In addition, it shall operate independently from the Advocate.
(d) A simple majority of members of the Director’s Council shall designate and dismiss the Executive Director. The person appointed to such office shall have recognized professional capacity and independence of judgment, as well as work experience advocating for persons with disabilities. The Director’s Council shall fix the salary of the Executive Director, which shall never be higher than the salary of the Advocate.
(e) In order to promote an adequate administration of the federal and state funds specifically appropriated to the Division, the Secretary of the Treasury is hereby authorized to create the Special Fund for the Persons with Disabilities Advocacy Office where the monies received from legislative appropriations, fund transfers from other Government agencies or entities and donations of any kind by means of gifts or allocations shall be deposited. The Fund may receive donations from other agencies, public corporations, political subdivisions, the Federal Government, municipalities, and nonprofit entities. Furthermore, the Fund may be used to defray expenses relating to the operations and development of the Division. The Division is hereby authorized to receive and administer funds from legislative appropriations, and transfers, allocations, contributions, and donations of any kind from the agencies, municipal governments, and the Government of the United States of America, as well as from persons, nongovernmental organizations, and other private entities for drawing up and implementing projects and programs to be carried out by the Division, by agencies, entities, and nongovernmental or civil society organizations. The funds thus received shall be held, controlled, and administered in accordance with the laws that regulate the use of public funds, the legal standards, rules, or agreements by virtue of which the Division receives such funds.
(f) The Division shall be in charge of administering the following federal programs: “Protection and Advocacy for Developmental Disabilities” (PADD), created by virtue of Public Law 106-402, as amended, known as the “Developmental Disabilities Assistance and Bill of Rights Act of 2000”; Protection and Advocacy for Individuals with Mental Illness” (PAIMI), created by virtue of Public Law 106-310, as amended, known as the “Protection and Advocacy for Individuals with Mental Illness Act”; “Protection and Advocacy for Individual Rights” (PAIR), created by virtue of Public Law 93-112, as amended, known as the “Rehabilitation Act of 1973”; “Protection and Advocacy for Assistive Technology” (PAAT), created by virtue of Public Law 105-394, as amended, known as the “Assistive Technology Act of 1998”; “Protection and Advocacy for Individuals with Traumatic Brain Injury” (PATBI), created by virtue of Public Law 104-166, as amended, known as the “Traumatic Brain Injury Act of 1996”; “Protection and Advocacy for Beneficiaries of Social Security” (PABSS), created by virtue of Public Law 106-170, as amended, known as the “Ticket to Work Incentives Improvement Act of 1999”; “Client Assistance Program” (CAP), created by virtue of Public Law 93-112, as amended, known as the “Rehabilitation Act of 1973”; and any other related federal programs created in the future and as authorized by law.
History —Sept. 24, 2015, No. 158, § 2.17.