Monitor Powers and Responsibilities Clause Samples

Monitor Powers and Responsibilities. 1. The Monitor is an officer of the Court. The Monitor will review and report on the State's compliance with the agreement. The Parties will cooperate fully with the Monitor. The Monitor will pursue a problem- solving approach so that disagreements can be amicably resolved when possible and the Parties’ energies can be devoted to achieving compliance. 2. The Monitor shall have the authority and responsibility to complete the following actions: a. Independently observe and assess the State’s compliance with the agreement. b. At least twice a year draft and submit to the Parties and the Court a comprehensive public report on the State’s compliance including recommendations, if any, to facilitate or sustain compliance. c. Review the adequacy and quality of the individualized supports and services provided to persons (a) discharged from the State hospital or (b) at risk of institutionalization, including those living with families. d. Review and make recommendations regarding transition plans where the individual’s team and the specialized transition team have been unable to identify an appropriate community placement. e. Notify the Parties if the Monitor determines that a life-threatening situation or other emergency exists. This does not relieve the State of its obligation to report and notify the Monitor and the United States of the death or serious physical injury of any individual in DPC or any individuals receiving services in the community pursuant to the Settlement Agreement as specified in Section VI.D. f. Independently determine that the specific scope, quantity, or implementation timeline relating to any demanded service be decreased or delayed when it appears that the State’s resources might be better utilized to serve the target population. g. Mediate any dispute arising out of a Party’s position regarding the construction or implementation of this agreement. h. Provide the State technical assistance relating to any aspect of this agreement or its stated purposes. 3. In completing the responsibilities listed in VI.B.2. the Monitor may: a. Hire staff and consultants as necessary to assist in carrying out the Monitor’s duties and responsibilities. b. Require written reports from the State concerning compliance. c. Enter, with or without advance notice, any part of DPC or any other facility or program providing services to persons covered by this agreement and may interview, on a confidential basis or otherwise, persons affected by the Settlement Agr...