PAIMI Webinar | What Is Colorado’s “Protection and Advocacy for Individuals with Mental Illness” Program and When as a GAL Should I Consider Making a Referral?
This webinar will acquaint child representatives with Colorado’s Protection and Advocacy System (P&A System) for individuals, children, and adolescents with disabilities. The session will focus on the purpose, operation, and legal authority of the P&A System under federal law known as the Protection and Advocacy for Individuals with Mental Illness Act. (PAIMI Act), 42 U.S.C. § 10801, et seq. The PAIMI program can be used as a resource for attorneys who represent children and adolescents with mental illness if abuse or neglect is suspected. PAIMI’s primary interest is the protection of children and adolescents in residential treatment facilities and juvenile justice facilities. In order to carry out its protection and advocacy mission, P&A Systems have been given very broad authority to investigate complaints of abuse and neglect to include access to records, such as medical and treatment records, facilities and unaccompanied access to residents. The P&A System also has the authority to pursue administrative, legal, and other remedies on behalf of these individuals.
This session will cover The Protection and Advocacy for Individuals with Mental Illness Act (PAIMI Act) at 42 USC § 10801 et seq. and its implementing regulations at 42 CFR Part 51, as well as various Colorado confidentiality laws, the case of CLA v. Hammons, 323 F.3d 1262 (10th Cir. 2003) regarding The Legal Center’s records access authority preempting state confidentiality laws such as found in the Colorado Children’s Code, and the recent Colorado Supreme Court decision L.A.N. v. L.M.B. Attendees should come away from this session with (1) an understanding of the P&A System’s role in investigating complaints of abuse, neglect or civil rights violations, and (2) the recognition that they have a resource available to them where they can report suspected abuse, neglect or civil rights violations of the children and adolescents they represent.