366

LAWS OF MARYLAND

Ch. 21

2. TO THE STATE DESIGNATED
PROTECTION AND ADVOCACY AGENCY;

(II)  INVESTIGATE THE REPORT; AND

(III)  AFTER THE INVESTIGATION, REPORT THE
FINDINGS:

1.  TO THE COMPLAINANT;

2.  TO THE STATE DESIGNATED
PROTECTION AND ADVOCACY AGENCY; AND

3.  TO THE DIRECTOR.

(3) THE STATE DESIGNATED PROTECTION AND ADVOCACY
AGENCY SHALL SEEK REDRESS OF A VIOLATION OF THE RIGHTS
STATED IN THIS SECTION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59A, § 34(b), (e), (g), (h), and (i).

Throughout this section, the term "guardian of
the person" is substituted for references to the
"legal guardian", "legally appointed guardian",
and "guardian", to conform to the terminology of
the Estates and Trusts Article.

In subsection (b) of this section, the former
reference to a "program" is deleted in light of
the use of the defined term "facility".

In subsection (e) of this section, the defined
term "treatment" is substituted for the reference
to "care", for clarity.

In subsection (i)(3) of this section, the phrase
"welfare of the mentally retarded individual" is
included as a condition for restricting visits.
The revision construes the restriction provided
in former Article 59A, § 34(b)(12) to apply to
both writing instruments and visits.

Former Article 59A, § 34(d), which required the
development of rules and regulations within 90
days after July 1, 1981, is deleted as obsolete.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that it might wish to reconsider the roles of a
"parent" and "guardian of the person", as
described in this section.