# S.C. Code Ann. § 43-33-350: SECTION 43-33-350. Powers and duties of System > South Carolina · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_SC_T43_C33_A5_S43-33-350 ## Section - **Citation:** S.C. Code Ann. § 43-33-350 - **Heading:** SECTION 43-33-350. Powers and duties of System - **Jurisdiction:** South Carolina - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** SC Code / Title 43 / Chapter 33 / Article 5 / Section 43-33-350 ## Text The system has the following powers and duties: (1) It shall protect and advocate for the rights of all persons with a developmental or other disability, including the requirements of Section 113 of Public Law 94-103, Section 105 of Public Law 99-319, and Section 112 of Public Law 98-221, all as amended, and for the rights of other persons with disabilities by pursuing legal, administrative, and other appropriate remedies to insure the protection of the rights of these persons. (2) It may investigate complaints by or on behalf of any person with a developmental or other disability. (3) It may establish a priority for the delivery of protection and advocacy services according to the type, severity, and number of disabilities of the person making a complaint or on whose behalf a complaint has been made. (4) It may conduct team advocacy inspections of a facility providing residence to a person with a developmental or other disability. Inspections must be completed by the system's staff and trained volunteers. Team advocacy inspections are unannounced visits to review the living conditions of a residential facility, including the plans of care for individuals in a residential care facility and a community mental health center day program. Only the coordinator of the team advocacy project or the coordinator's designee is authorized to perform reviews of plans of care. The system shall prepare a report based on the inspection which must be submitted to the South Carolina Department of Health and Environmental Control and Office of Mental Health. (5) It shall administer the Client Assistance Program, as established pursuant to 29 U.S.C. Section 732. Code Commissioner's Note At the direction of the Code Commissioner, certain references in the S.C. Code to the State Department of Mental Health, South Carolina Mental Health Commission, Department of Disabilities and Special Needs, Department of Disabilities and Special Needs Commission, Department of Alcohol and Other Drug Abuse Services, and other related terms were changed to reflect the restructuring of these agencies into component offices under the Department of Behavioral Health and Developmental Disabilities, pursuant to 2025 Act No. 3, SECTION 18. Editor's Note 2017 Act No. 52, SECTIONS 10 to 12, provide as follows: "SECTION 10. The Governor shall take all actions necessary pursuant to 29 U.S.C. Section 732 to designate Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., as the South Carolina administrator of the Client Assistance Program. "SECTION 11. Authorized appropriations and the assets and liabilities of the Client Assistance Program are transferred to and become part of Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc. "SECTION 12. This act takes effect upon approval by the Governor. Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., shall administer the Client Assistance Program upon the completion of all necessary filings with the federal government." Effect of Amendment 2017 Act No for the Handicapped, Inc. "SECTION 12. This act takes effect upon approval by the Governor. Protection and Advocacy for People with Disabilities, Inc., formerly known as the South Carolina Protection and Advocacy System for the Handicapped, Inc., shall administer the Client Assistance Program upon the completion of all necessary filings with the federal government." Effect of Amendment 2017 Act No. 52, SECTION 4, in (1), substituted "persons with a developmental or other disability" for "developmentally disabled person" and "with disabilities" for "handicapped"; in (2), substituted "person with a developmental or other disability" for "developmentally disabled or handicapped person"; in (3), substituted "disabilities" for "handicapping conditions"; in (4), substituted "person with a developmental or other disability" for "developmentally disabled or handicapped person", deleted the fifth sentence, which had provided that a designee must meet criteria developed by the Joint Legislative Committee on Mental Health and Mental Retardation, and deleted reference to the Joint Legislative Committee on Mental Health and Mental Retardation in the last sentence; added (5); and made nonsubstantive changes. ## Nearby sections - [S.C. Code Ann. § 43-33-310 SECTION 43-33-310. Legislative findings.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T43_C33_A5_S43-33-310.md) - [S.C. Code Ann. § 43-33-330 SECTION 43-33-330. Appointment of board.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T43_C33_A5_S43-33-330.md) - [S.C. Code Ann. § 43-33-340 SECTION 43-33-340. Definitions.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T43_C33_A5_S43-33-340.md) - [S.C. Code Ann. § 43-33-350 SECTION 43-33-350. Powers and duties of System.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T43_C33_A5_S43-33-350.md) - [S.C. Code Ann. § 43-33-360 SECTION 43-33-360. Interview of complainant.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T43_C33_A5_S43-33-360.md) - [S.C. Code Ann. § 43-33-370 SECTION 43-33-370. Authority of system upon receipt of written request to investigate complaint.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T43_C33_A5_S43-33-370.md) - [S.C. Code Ann. § 43-33-380 SECTION 43-33-380. Information not to be disclosed unless authorized in writing.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T43_C33_A5_S43-33-380.md) - [S.C. Code Ann. § 43-33-390 SECTION 43-33-390. Immunity from civil and criminal liability for persons providing information in good faith.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T43_C33_A5_S43-33-390.md) - [S.C. Code Ann. § 43-33-400 SECTION 43-33-400. Cooperation with departments, officers, agencies, and institutions; requests for system to provide protection and advocacy services; inspection and copying of records.](https://www.frixlaw.com/law-library/statutes/STATE_SC_T43_C33_A5_S43-33-400.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_SC_T43_C33_A5_S43-33-350. Check the current official text before relying on it. Not legal advice.