Five Year Advocacy Plan 2008-2012
Implementing Rights, Addressing Wrongs -
Adopted by Disability Rights California's Board of Directors September 2007
(Annual Advocacy Plan Goals and Objectives 2010-2011)
Table of Contents
- Vision Statement
- Mission Statement
- Introduction
- Principles
- What We Do
- Whom We Help
- How to Get Help
- Strategic Goals
- Advocacy Principles, Priorities, and Goals
- Annual Advocacy Plan Goals and Objectives (2009-2010)
Our Vision Statement (back to the top)
Our vision is a barrier free,
inclusive world that values diversity, culture, and each individual.
In this world all people
with disabilities have:
Equality,
Dignity,
Power,
Freedom of choice,
Independence, and
Freedom from abuse,
neglect, and discrimination.
They have quality,
culturally responsive, safe, affordable, accessible:
Housing,
Education,
Healthcare,
Technology,
Transportation, and
Individual and family
supports that they choose and direct.
People with disabilities
have the right to family, social, and intimate relationships. They are financially secure, can make life
choices, and have opportunities for satisfying work, recreation, spiritual
lives, and community service.
Our Mission Statement (back to the top)
Advance the rights of
Californians with disabilities.
Introduction (back to the top)
Excluding people with disabilities from the mainstream of community life has been a civil rights issue in California and the rest of the country since at least the early 1970's. Laws have been passed to advance, enhance, and protect those civil rights. But people with disabilities still face barriers such as prejudice, discrimination, and indifference. These barriers continue to limit the rights and opportunities of Californians with disabilities. This is unacceptable in the 21st century. Over the next five years, we will continue to advocate with and for people with disabilities. We will work together to fight discrimination, promote autonomy and choice, end abuse and neglect, and increase access to programs and services that respect each client and his or her unique needs and culture.
Principles (back to the top)
Our work will be guided by the following principles:
Stop discrimination, end institutionalization, and increase community living choices
- Stop discrimination and work for equal opportunities
- End institutionalization and increase access to culturally appropriate and safe community living with supports chosen by the person with a disability
Eliminate abuse and neglect and improve quality of care
- Eliminate abuse and neglect
- Improve the quality of care and treatment in facilities and protect rights, while working towards the goal of returning to the community
Increase access to benefits, services, and health care
- Increase and maintain access to government benefits
- Increase and maintain access to public and private health programs
- Increase and maintain access to effective, client-centered, voluntary community mental health services
- Make sure that people with developmental disabilities receive Lanterman Act services based on their needs and choices
Increase access to education, housing, transportation, and employment
- Increase children’s and youth’s access to appropriate education services in the most integrated environment
- Increase the rights of people with disabilities to have work opportunities consistent with their interests, abilities, and needs
- Increase the rights of people with disabilities to housing they can use and afford
- Increase the availability of adequate, accessible transportation no matter where they live and remove transportation barriers
Make sure the autonomy, preferences, and choices of people with disabilities are respected
- Increase protections for the preferences, opinions, bodily integrity, and privacy rights of individuals with disabilities
- Promote the rights of people with disabilities to direct their own lives
- Expand services and protections for parents with disabilities
- Increase participation by people with disabilities on local and state policy-making bodies and boards
- Make sure that voting systems and processes are accessible and barrier free
Increase Culturally Competent and Geographically Accessible Services
- Make sure that systems value disability, diversity, culture, and each individual
- Make sure that there is equal provision of services in all geographic areas
Enforce Rights
- Make sure that there is access to courts, administrative agencies, and legal services so that individuals with disabilities can defend and enforce their rights
What We Do (back to the top)
- Tell people with disabilities about their many legal, civil, and service rights,
- Provide technical assistance, training, publications, and advocacy support for Californians with disabilities, their families, and representatives,
- Advocate to make sure that laws benefit Californians with disabilities,
- Investigate complaints about serious physical or sexual abuse and neglect-related deaths in institutions,
- Outreach to traditionally underserved ethnic and disability communities,
- Provide peer self-advocacy services for people with psychiatric or developmental disabilities,
- Provide patients’ rights advocacy for state psychiatric hospital residents, and technical assistance and training for county advocates,
- Provide rights advocacy for clients with developmental disabilities who are receiving services at regional centers,
- Bring impact litigation and act as amicus curiae in disability- related cases, and
- Represent individuals based on our priorities and case selection criteria.
Examples of Problems we Can Help With
We help people with disabilities to solve disability-related problems. If you have a disability and qualify for services, we can help you with problems like:
- Rights to basic support, personal care, therapy, and health care – like Supplemental Security Income (SSI), In-Home Supportive Services (IHSS)
- Discrimination in housing, transportation, employment, and access to public and private programs and services
- Abuse, neglect, and rights violations in an institution
- Least restrictive environment, dignity, privacy, choice, and other basic rights
- Special education rights
- Mental health and support services that provide individualized treatment
- Regional Center eligibility and services that promote independence – such as supported living and family supports
- Voting registration, vote casting, and accessible polling places
- Access to technology – like communication devices and power wheelchairs
If we can’t be of direct assistance, we refer people to other sources of help.
We also takes our services into the community, wherever children, youth, and adults with disabilities live or go to school or obtain services.
'Whom We Help (back to the top)
We provide advocacy help for Californians with disabilities. You could be eligible for our services if:
- You have a developmental disability
- You are a regional center consumer
- You have a psychiatric disability or emotional impairment
- You are a patient in a state psychiatric hospital
- You have a physical, learning, or sensory disability
- You have a traumatic brain injury
- You need access to technology that you believe may help you live a fuller, more independent life
- You receive SSI or SSDI and need help with employment issues or keeping your benefits when you return to work
- You have questions about your right to vote
In deciding whether we can represent you directly, we will consider:
- The merits of your claim
- Your ability to advocate for yourself
- Other advocacy sources you could use
- Whether your problem falls within one of our priority areas
- Availability of our resources
If we decide that we can not help you and you disagree, you can file a grievance.
Each of our grants and contracts has specific service eligibility criteria. If you want a copy of these criteria, the complete case selection criteria, or a grievance form call (800) 776-5746 or visit the links below.
Grievance Form
If we decide that we can not help you and you disagree, you can file a grievance. Here are the procedures and form for filing a grievance in English, Spanish, Korean, Chinese, Vietnamese, Cambodian, Russian, Tagalog, Hmong, Armenian, Ukranian, Laotian, Thai, Arabic, or Japanese.
PAIMI Assurance Grievance Form
In compliance with the Protection and Advocacy for Mentally Ill Individuals Act (PAIMI), here are the procedures and form for filing an PAIMI assurance grievance in English, Spanish, Korean, Chinese, Vietnamese, Cambodian, Russian, Tagalog, Hmong, Armenian, Ukranian, Laotian, Thai, Arabic, or Japanese.
Office of Clients' Rights Advocacy (OCRA) Grievance Form
OCRA provides advocacy help for persons with developmental disabilities in California through funding from the State Department of Developmental Disabilities.
In deciding whether OCRA can represent you directly, we will consider:
- The merits of your claim;
- Your ability to advocate for yourself;
- Other advocacy sources you could use;
- Whether your problem is related to your developmental disability; and
- Availability of resources.
In order to ensure that individuals with developmental disabilities have access to high quality advocacy services, OCRA has the following Grievance Procedure which consumers or their representatives can use in English and Spanish.
How to Get Help (back to the top)
To ask for our services anywhere in California, call our toll free number:
1-800-776-5746 (Voice)
1-800-719-5798 (TTY)
You can also get help by contacting one of our regional legal offices:
Sacramento Regional Office
916-488-9950 (Voice)
1-800-719-5798 (TTY)
Bay Area Regional Office
510-267-1200 (Voice)
1-800-719-5798 (TTY)
213-427-8747 (Voice)
1-800-719-5798 (TTY)
San Diego Regional Office
619-239-7861 (Voice)
1-800-719-5798 (TTY)
If you are a regional center client, you may ask for help from the Office of Clients’ Rights Advocacy (OCRA).
Office of Clients’ Rights Advocacy
1-800-390-7032 (Voice)
916-575-1615 (Voice)
1-877-669-6023 (TTY)
If you are a patient at a state psychiatric hospital you may ask for help from the Office of Patients’ Rights (OPR).
Office of Patients’ Rights
916-575-1610 (Voice)
You may also access other advocacy services by contacting our Advocacy Unit.
Advocacy Unit
Legislation and Public Information Unit (LPIU)
916-497-0331 (Voice)
Communications/Media
510-267-1200 (Voice)
1-800-719-5798 (TTY)
Peer Self-Advocacy Units
916-488-7787 (Voice)
1-800-776-5746 (Voice)
916-488-7715 (TTY)
Collaborative Projects
916-488-7787 (Voice)
1-800-776-5746 (Voice)
916-488-7715 (TTY)
Strategic Goals (back to the top)
Diversity and Outreach Goals
Staff Diversity Goals
As a disability advocacy organization, we are committed to implementing the principles it advocates in its work place including employing people with disabilities, implementing model employment practices including reasonable accommodations and accessibility throughout the workplace, and involving people with disabilities in decision making at all levels of the organization. To demonstrate its commitment, our Board of Directors adopts the following time-limited goals to augment its merit-based selection and retention policies:
- The majority of staff employed by us should be individuals with disabilities.
- The staff of each office and unit should reflect the disability diversity of the communities they serve.
- People with disabilities should be employed at all levels of the organization including directors, managers, advocacy staff, administrative, and support staff.
California is the most ethnically diverse state in the nation. We are committed to ensuring that it is able to effectively serve individuals with disabilities from ethnic and language distinct communities. We are committed to employing people of color, including people of color with disabilities, and implementing model employment practices and involving people of color in decision making at all levels of the organization. To demonstrate our commitment, our Board of Directors adopts the following time-limited goals to augment its merit-based selection and retention policies:
- The staff of each office and unit should reflect the ethnic and language diversity of the communities they serve.
- People of color should be employed at all levels of the organization, including directors, managers, advocacy staff, administrative, and support staff.
- Increase the number of multilingual staff, particularly those who speak Spanish and Asian languages, based on the needs of the communities served by our offices and units.
We value diversity of life experiences and believe that employing individuals whose life experiences are similar to those of our clients will make its advocacy more effective. We seek out people with familiarity or contacts with homelessness, the criminal justice system, people with substance abuse issues, or the Lesbian Gay Bisexual Transgender, and Intersex (LGBTI) community.
To implement these time-limited goals, each office and unit will develop periodic, time-limited Diversity Plans.
Our staff are our most valuable resource and make sure that we are able to effectively serve Californians with disabilities. In order to make sure that we are able to recruit and retain a highly qualified, diverse workforce, we will strive to provide competitive salaries and benefits.
Board Diversity Goals
Our Board of Directors is committed to ensuring that the Board reflects the diversity of California. As a disability rights organization, at least a majority of the Board shall be comprised of people with disabilities and members with disabilities will have opportunities to participate in Board leadership positions. In addition, every effort shall be made to make sure that appointments reflect the socioeconomic, ethnic, geographic, and disability diversity of the State.
The Board will include public members on various Board committees as a way of ensuring diverse perspectives are heard. The Board will identify ways to include youth with disabilities in Board committee work.
Community Outreach Goals
We are committed to ensuring that its services are accessible to individuals with disabilities from ethnically and language distinct communities and that its services are provided in a disability and culturally competent manner.
To demonstrate its commitment, our Board of Directors adopts the following goals:
- Make sure that the provision of advocacy services reflects the language, and ethnic diversity of each office and unit service area.
- Target advocacy services to individuals from communities that are traditionally underserved by the office or unit. Underserved communities include: ethnic and language distinct communities, immigrant communities, rural and low-income communities, people who are homeless, individuals from the gay, lesbian, bisexual, transgender and intersex community, individuals from distinct disability communities, and children and youth in the foster care or juvenile justice systems.
To implement these goals each office and unit will develop periodic Outreach Plans.
Public Policy, Communication and Public Education Goals
Advance our Advocacy Principles by:
- Public Policy Advocacy
- Developing an annual legislative platform
- Sponsoring or co-sponsoring select legislation or co-sponsoring initiatives
- Advocating on select bills, initiatives, and budget issues
- Strengthening and increasing the effectiveness of our coalition building activities with the disability rights movement and other civil rights, social justice, and legal services groups
- Participating in task forces, ad hoc committees, meetings, and coalitions
- Promoting our disability rights expertise to the community at large
Communication
- Promoting positive images of people with disabilities through communications strategies including the media and our website
- Ensuring that media and communications strategies are part of all aspects of our work including legislation, litigation, advocacy, and communications
- Strengthening our communication tools and strategies including our website and the use of other internet tools in order to tell others about our work and advance our work.
Public Education
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Informing and educating people with disabilities about our services by:
- Publishing an Annual Report
- Making information about us available in other languages
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Informing and educating people with disabilities about laws, policies and services that impact their rights by:
- Producing materials for people with disabilities and increasing the accessibility of those publications by writing at appropriate literacy levels, translating materials into languages other than English, and creating alternative formats
- Providing training and other education activities for people with disabilities, their families, their advocates, and organizations which target traditionally underserved communities
Goals to Expand, Enhance, and Improve the Effectiveness of our Services
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As resources become available, develop periodic plans which will enable us to:
- Expand our current legal advocacy, peer/self advocacy, clients’ rights and patients’ rights advocacy, and other advocacy services.
- Expand services to more remote and geographically underserved communities.
- Increase our ability to respond to emerging issues.
- Evaluate and enhance current methods of providing and administering our services.
Advocacy Principles, Priorities, and Goals (back to the top)
Advocacy Principles
Our advocacy will be zealous, dedicated, effective, creative, innovative, and daring.
We will take on issues of importance to the disability community even when the outcome is uncertain.
We will integrate a variety of advocacy approaches in all of our work, including self-advocacy, legal, non-legal, media, public policy, legislative, and investigatory.
We value diversity. Our staff should reflect the ethnic, language, and disability diversity, and demographic diversity of California: rural, age, sexual orientation, a range of different life experiences that reflect the disability community.
Our advocacy efforts will affirmatively address the needs of traditionally underserved and under-represented communities through partnership with such communities.
Our advocacy will be of high quality regardless of the type of service, the nature of the problem or who the client is. We will be honest, prepared, truthful, and informed.
All staff is expected to contribute and their contributions will be valued and respected.
When representing individuals:
- We will do what the client wants – not what we or others think is best,
- We are honest about our limitations, values, resources, and the likely outcome,
- The client chooses the outcome and the method of achieving the outcome and the client’s choices will be treated with respect, and
- The client actively participates in every stage of the process.
Advocacy Priorities
We have identified the following priority areas for the next five-year period:
- Abuse and Neglect
- Discrimination
- Benefits
- Education for Children and Youth
- Lanterman Act
- Mental Health
- Peer and Self-Advocacy
- Collaborative Projects
- Patients’ Rights Advocacy
- Clients’ Rights Advocacy
On the following pages is an issue statement and specific goals for each of these areas.
Annual Advocacy Plan Goals and Objectives (2010-2011) (back to the top)
Advocacy Priorities and Goals for Federal Programs 2008-2012 With 2010-2011 One Year Objectives
Abuse and Neglect
People with disabilities are much more vulnerable to abuse and neglect than others. California does not have an accessible, comprehensive, coordinated system to report and respond to abuse and neglect. Preventing abuse and neglect will improve the quality of life for people with disabilities.
Goals
1. Reduce serious and life-threatening injuries caused by abuse and neglect in all facilities, including:
- Institutions,
- Hospitals,
- Skilled nursing facilities,
- Residential care facilities, and
- Jails, prisons, and other correctional facilities.
Improve how oversight agencies respond to reported abuse and neglect in these facilities.
2010-2011 Objectives
A. Technical Assistance or Investigation: Provide technical assistance (including brief service) or conduct select investigations of serious injury or death related abuse or neglect. Investigations will include investigating the adequacy and timeliness of oversight and investigations by responsible entities.
i. Investigate abuse and neglect about, or provide assistance to at least 3 people (PADD)
ii. Investigate abuse and neglect about, or provide assistance to at least 5 people (PAIMI)
iii. Investigate abuse and neglect about, or provide assistance to at least 1 person (PAIR)
B. Other Systems Change Advocacy: Identify and take steps to address a systemic issue(s) in areas such as implementation of proposals for reducing risk of suicide in state psychiatric hospitals.
i. Complete at least 1 project (PAIMI)
2. Reduce serious and life-threatening injuries caused by abuse and neglect in community settings, including:
- Schools,
- Day programs and vocational training settings, and
- Community living arrangements.
Improve how oversight agencies respond to reported abuse and neglect in these settings.
2010-2011 Objectives
A. Technical Assistance or Investigation: Provide technical assistance (including brief service) or conduct select investigations of physical abuse, sexual abuse, neglect (including negligent discharge), and financial abuse. Investigations will include investigating the adequacy and timeliness of responsible entities, including law enforcement, licensing, criminal justice, regional centers, and protective services agencies.
i. Investigate abuse and neglect about, or provide assistance to, at least 3 people (PADD)
ii. Investigate abuse and neglect about, or provide assistance to, at least 3 people (PAIMI)
B. Investigation: Investigate abuse and neglect by representative payees for Social Security beneficiaries.
i. Conduct at least 2 projects involving individuals with mental health disabilities (Unrestricted,PABSS)
ii. Conduct at least 2 projects involving individuals with developmental disabilities (Unrestricted,PABSS)
3. Eliminate the use of physical and chemical restraint, seclusion, other methods of containment, and aversives for people with disabilities.
2010-2011 Objectives
A. Technical Assistance or Investigation: Provide technical assistance (including brief service) or conduct select investigations of the excessive or inappropriate use of restraint, seclusion, containment interventions and aversives.
i. Investigate abuse and neglect about, or provide assistance to at least 3 people (PADD)
ii. Investigate abuse and neglect about, or provide assistance to at least 2 people (PAIMI)
B. Other Systems Change Advocacy: Identify and take steps to address a systemic issue(s) in areas such as the excessive and planned use of restraint as a means of behavioral intervention for non-imminently dangerous behavior in state facilities.
i. Complete at least 1 project (PADD)
4. Inform people with disabilities about their rights and give them the information and materials they need to advocate for themselves.
2010-2011 Objectives
A. Outreach and Training: Provide training and/or outreach to people with disabilities, their family members, advocates, service providers, and/or other relevant groups of people on abuse and neglect issues. Trainings may include the following topics:
- Identifying, reporting, and investigating abuse and neglect
- Abuse response system
- Seclusion, restraint, containment, and aversive practices
i. Conduct at least 1 outreach or training (PAIMI, PAIR)
ii. Conduct at least 1 outreach or training (PAIMI)
iii. Conduct at least 1 outreach or training (PADD, PAIMI, PAIR)
B. Publications: Develop, or revise, and distribute publications and/or training materials to people with disabilities, their family members, advocates, service providers, and/or other relevant groups of people on abuse and neglect issues.
i. Develop and distribute at least 1 publication (PAIMI)
C. Counsel and Advice: Provide counsel and advice to people with disabilities, their family members, and/or other relevant groups of people on abuse and neglect issues.
i. Provide counsel and advice to at least 20 people (PADD)
ii. Provide counsel and advice to at least 40 people (PAIMI)
iii. Provide counsel and advice to at least 50 people (PAIR)
5. Monitor proposed state regulations about abuse and neglect, and identify those that impact people with disabilities. Comment on these proposed regulations as needed. (PADD, PAIMI, PAIR)
Benefits
Government assistance and health benefits, including assistive technology, provide the income support and services people with disabilities need to live independently in the community and have a good quality of life. But access to needed benefits is often difficult because of rules and procedures that are complicated and confusing, or because there is not enough funding. Because of this, many people with disabilities are unable to get the services they need and have the right to receive.
Goals
1. Preserve, increase, expand, and improve access to financial benefits, including:
- Supplemental Security Income (SSI),
- Social Security Disability benefits,
- Cash Assistance Program for Immigrants (CAPI), and
- Programs and services that maximize employment opportunities.
2010-2011 Objectives
A. Direct Representation: Represent people with disabilities on benefits issues. For example:
- Disability and work issues relating to Social Security benefits
- Illegal child and spousal support garnishment from Social Security Title II benefits of Medi-Cal recipients and illegal federal debt offsets
>- Suspension or termination of SSI or Social Security Title II benefits because of outstanding warrants for alleged probation/parole violations; monitor implementation of Martinez v. Astrue settlement regarding "fleeing" felon warrants
- Barriers to establishing child SSI eligibility and barriers in transitioning from child SSI to adult SSI
- Representative payee issues including:
* Failure of representative payees to preserve eligibility for benefits
* Failure of representative payees to pay personal and incidental money to beneficiaries in nonmedical out-of-home care
* Assistance to beneficiaries in becoming their own payees
i. Represent at least 24 people (PABSS)
ii. Represent at least 2 people (PADD)
iii. Represent at least 1 person (PAIMI)
iv. Represent at least 1 person (PAIR)
v. Represent at least 10 people (PATBI)
vi. Represent at least 20 people (CAP)
vii. Represent at least 1 person (EA)
viii. Represent a class of persons applying for or cut off from SSI or Social Security benefits because of an outstanding warrant because of the Social Security Administration's failure to follow the statute and regulations requiring a determination that the person is fleeing to avoid prosecution. (In California, approximately 5,000 persons.) (PADD, PAIMI, PAIR)
B. Other Systems Change Advocacy:Identify and take steps to address systemic benefits issues. For example:
- Improving the SSI program for people with disabilities. Possible examples include:
* Exempting resources saved from income earned while on benefits
* Negotiation and other non-litigation strategies to help people with disabilities leave county jails and receive medical and other benefits to which they are entitled. This strategy will ensure that people with disabilities receive the care that they need, and will save counties money.
* Work with other organizations that are advocating for county assistance in obtaining SSI/SSDI benefits for individuals
* Advocate for adoption of regulations to implement OBRA 1989 SSA work incentive resource exemptions
* Identify training and eligibility materials relating to transitioning from SSI for children to SSI for adults, and qualifying for SSI for children
- Reducing problems and barriers in the disability determination process. Possible examples include:
* Consultative examination issues,
* Issues relating to the transfer to electronic files
* Notice problems in Continuing Disability Review (CDR) cases, and
* Improve access to SSA records
i. Complete at least 2 projects (PAIMI,PAIR)
ii. Complete at least 1 project (CAP)
2. Preserve, increase, expand, and improve access to healthcare of good quality no matter where people live, including:
- Medi-Cal,
- California Children's Services (CCS),
- Genetically Handicapped Persons Program (GHPP),
- Medicare,
- Private health plans, and
- Managed care plans.
2010-2011 Objectives
A. Direct Representation: Represent people with disabilities on health care issues. For example, enforcing their rights to:
- Medi-Cal EPSDT services for children and youth who have significant medical and/or alcohol and drug dependence needs and/or who are dependent on technology.
- Medi-Cal assistive technology for adults living in the community
- Medi-Cal services and eligibility, for example:
* Minimizing or delaying impact of proposed reduction in services or eligibility including implementation of managed care, because of State budget problems
* Timely processing of applications based on disability and provisions of reasonable accommodations as needed
* Receipt of extended Medi-Cal coverage under the Continuous Eligibility for Children (CEC) program
* Coordination of Medi-Cal with Medicare or other healthcare coverage
* Ability to keep your Medi-Cal unless you are not eligible under any program (SB 87 requires that counties follows specific steps and clearly demonstrate that the beneficiary is ineligible for all Medi-Cal programs before terminating Medi-Cal)
* Extension of the principle of SSI temporary institutionalization (TI) benefits to Medi-Cal
* Getting share of cost offsets for services and equipment outside of Medi-Cal's covered benefits
* Effective discharge planning and services for nursing facility residents, including the right to get power or custom wheelchairs
* Getting specialized services for nursing facility residents who are developmentally disabled under the federal Medicaid definition
* Getting notices of action when Medi-Cal denies a request (Treatment Authorization Request or TAR) to authorize services
- Notice and other due process for children and youth entitled to services under the California Children's Services (CCS) program, and other programs case-managed by CCS
- Notice, COBRA, appeal, and related rights under non-publicly funded health plans
i. Represent at least 13 people (PAAT)
ii. Represent at least 5 people (PABSS)
iii. Represent at least 1 person (PADD)
iv. Represent at least 1 person (PAIMI)
v. Represent at least 1 person (PAIR)
vi. Represent at least 6 people (PATBI)
vii. Represent at least 1 person (EA)
B. Other Systems Change Advocacy: Identify and take steps to expand and improve access to healthcare of good quality no matter where people live, for example by undertaking projects to:
- Monitor Medi-Cal managed care and identify the impact on people with disabilities. Comment regarding any changes needed to protect people with disabilities, and participate in the transition process
- Monitor the impact of federal health care reform and other reform proposals on people with disabilities. Comment regarding any changes needed to protect people with disabilities, and participate in the transition process
- Identify and take steps to expand access to assistive technology for people with disabilities, for example:
* Appropriate durable medical equipment for use in the home and community
* Timely access to equipment to facilitate a return to the community from a medical facility
* Greater scope of equipment covered under Medi-Cal and other health care plans and systems
* Monitoring pilot program for loans of speech generating devices by the Public Utilities Commission to those who need that equipment in order to use the telephone
- Advocate for an increase in Medi-Cal's allowed monthly living expenses before allocating the balance as the Medi-Cal share of cost obligation.
- Advocate for a realistic share-of-cost deduction for maintaining housing costs for six months for people going into a nursing facility.
i. Complete at least 2 projects (PAAT,PAIR)
3. Preserve, increase, expand, and improve access to programs in the community that provide the services and supports people with disabilities need to live, work, and participate fully in the community, including:
- In-Home Supportive Services (IHSS),
- Medi-Cal Personal Care Services,
- Medi-Cal/Medicaid, including Home and Community Based Services Waivers (HCBS), and
- Assistance Dog Allowance Program.
2010-2011 Objectives
A. Direct Representation: Represent people with disabilities on benefits issues related to community supports. For example:
- Help nursing facility residents who meet the CMS definition of "related condition" but not the regional center eligibility criteria to receive community services
- Enforce the right to Medi-Cal, IHSS, Adult Day Health care (ADHC), Home and community waiver services, and other support services that people need to move to less restrictive living arrangements or to avoid the risk of being placed in a medical facility
- Enforce rights to IHSS services, including protective supervision services, reduction in hour cases, timely processing of applications and parent provider cases
- Minimize or delay impact of proposed reduction in services or eligibility because of State budget
i. Represent at least 2 people (PADD)
ii. Represent at least 1 person (PAIMI)
iii. Represent at least 2 people (PAIR)
iv. Represent at least 6 people (PATBI)
v. Represent at least 20 people (PABSS)
vi. Represent at least 1 person (EA)
vii. Monitor the implementation of a settlement agreement covering the approximately 1000 people in the class action Chambers v. City and County of San Francisco (PAIR, PAIMI)
viii. Address statewide IHSS cuts through litigation and other strategies for approximately 100,000 people (V.L./Oster v. Wagner and any subsequent related litigation) (PAIR, PAIMI, PADD)
ix. Address statewide reductions in ADHC services for more than 8,000 people (Cota/Brantley v. Wagner and any subsequent related litigation) (PAIR, PAIMI, PAAT)
B. Other System Change Advocacy: Identify and take steps to preserve, increase, expand and improve access to programs and services in the community, for example by undertaking projects to:
- Undertake administrative advocacy to help people get out of or avoid going into nursing facilities
- Identify and take steps to improve and expand home and community based waiver programs to help people live in the community which may include looking at ways to increase the cost caps
- Undertake advocacy to establish a statewide policy or regulation that IHSS providers not be required to re-enroll when moving to a new county
i. Complete at least 1 project (PADD)
ii. Complete at least 1 project (PAIR)
iii. Complete at least 1 project (PATBI)
iv. Complete at least 1 project (PAIMI)
4. Make sure that people with disabilities are informed about their rights and have the information and materials they need to effectively advocate for themselves.
2010-2011 Objectives
A. Publications: Develop, or revise, and distribute publications and/or training materials to people with disabilities, their family members, advocates, service providers, and/or other relevant groups of people on benefits topics.
i. Revise, or develop, and distribute at least 1 publication(PADD)
ii. Revise, or develop, and distribute at least 1 publication(PAIMI)
iii. Revise, or develop, and distribute at least 1 publication(PAIR)
iv. Revise, or develop, and distribute at least 1 publication (PAAT)
v. Revise, or develop, and distribute at least 2 publications (PABSS)
vi. Revise, or develop, and distribute at least 2 publications (PATBI)
vii. Revise, or develop, and distribute at least 2 publications (CAP)
B. Outreach and Training: Provide training and/or outreach to people with disabilities, their family members, advocates, service providers, and/or other relevant groups of people on benefits issues. This may include:
- Addressing budget reductions/cuts and their affect on services
- Access to needed power or custom wheelchairs and other durable medical equipment and equipment to support care in the home
- The right to equipment under the Nursing Home Reform Act Standard for persons in long-term care, and/or
- Access to cash benefits, healthcare, IHSS, and other community support services
i. Conduct at least 2 outreaches or trainings (PAAT)
ii. Conduct at least 49 outreaches or trainings (PABSS)
iii. Conduct at least 2 outreaches or trainings (PADD)
iv. Conduct at least 2 outreaches or trainings (PAIMI)
v. Conduct at least 15 outreaches or trainings (PAIR)
vi. Conduct at least 15 outreaches or trainings (PATBI)
vii. Conduct at least 6 outreaches or trainings (CAP)
viii. Conduct at least 25 outreaches or trainings (EA)
C. Counsel and Advice: Provide counsel and advice to people with disabilities, their advocates, family members, and/or other relevant groups of people on benefits issues.
i. Provide counsel and advice to at least 35 people (PAAT)
ii. Provide counsel and advice to at least 130 people (PABSS)
iii. Provide counsel and advice to at least 148 people (PADD)
iv. Provide counsel and advice to at least 139 people (PAIMI)
v. Provide counsel and advice to at least 275 people (PAIR)
vi. Provide counsel and advice to at least 22 people (PATBI)
vii. Provide counsel and advice to at least 50 people (CAP)
viii. Provide counsel and advice to at least 219 people (EA)
5. Monitor proposed state regulations about benefits and identify those that impact people with disabilities. Comment on these proposed regulations as needed. (PAAT, PADD, PAIMI, PAIR, PATBI)
Discrimination
People with disabilities have the same human and civil rights as others. But Californians with disabilities still face many barriers to full and equal participation in society, including:
- Attitudes, stigma, and stereotypes
- Discrimination, harassment, and retaliation because of their disability and other protected categories
- Inadequate and inaccessible transportation
- Lack of affordable, accessible housing
- Barriers to a full range of employment and self-employment opportunities
- Inadequate training and supports necessary to enter and stay in the workforce
- Lack of access to supports needed to participate fully in the community
- Unnecessary segregation in institutions
- Lack of reasonable accommodations, including assistive technology
- Lack of education about their rights and how to enforce them
- Architectural and policy barriers
- Denials of rights to self-determination and choice
- Restrictions on parenting rights
- Barriers to voting and civic participation
Goals
1. End institutionalization by working to:
- Change the policies and practices that unnecessarily segregate people with disabilities, and
- Provide greater access and more options to live and participate in the community, and more information about these options.
2010-2011 Objectives
A. Direct Representation: Represent people or classes of people with disabilities in or at risk of placement in facilities. For example:
- People with mental health or developmental disabilities who are in (or at risk of being placed in) state operated or private institutions, including Institutions for Mental Diseases (IMDs)
- Continue to litigate class action lawsuit challenging cuts to IHSS (Oster v. Wagner)
- Continue to litigate class action lawsuit regarding ADHC cuts (Cota v. Maxwell Jolly)
- Continue to litigate case in Sacramento County regarding community mental health services (Napper v. Sacramento County)
- Monitor settlement implementation of class action regarding LHH (Chambers v. City & County of San Francisco)
- Capitol People First settlement implementation (see Lanterman Act Workplan regarding Capitol People First v. DDS
i. Represent at least 2 people (PADD)
ii. Represent at least 2 people (PAIMI)
iii. Represent at least 2 people (PAIR)
iv. Monitor class action settlement affecting approximately 1000 people (Chambers v. City and County of San Francisco) (PAIMI, PAIR, PAAT)
v. Continue to litigate class action lawsuit challenging cuts to IHSS affecting approximately 100,000 people (Oster v. Wagner) (PADD, PAIMI, PAIR)
vi. Continue to litigate class action lawsuit regarding ADHC cuts for more than 8,000 people (Cota v. Maxwell Jolly) ( PAIMI, PAIR)
vii. Continue to litigate case in Sacramento County regarding community mental health services affecting 5,000 people (Napper v. Sacramento County) (PAIMI)
viii. Capitol People First settlement implementation (see Lanterman Act Workplan regarding Capitol People First v. DDS (PADD,PAAT)
B. Other Systems Change Advocacy: Identify and take steps to implement the Olmstead decision across the state by engaging in a variety of activities. Activities may include:
- Education and outreach to people with disabilities and other interested people about the impact of budget cuts on people's ability to live in the community
- Education and outreach to legislators
- Development of a Disability Rights California webpage on this topic
- Advocacy with state agencies to improve the way they implement Preadmission Screening and Resident Review (PASRR)
- Develop a statewide strategy to utilize PASSR process to promote community integration for people with psychiatric disabilities
- Work in coalition with other disability and public interest organizations and law firms to develop and implement strategies to challenge budget cuts which impact the right to live in the community for people with disabilities
i. Complete at least 1 project (PADD, PAIMI, PAIR)
2. Expand housing options for people with disabilities by working to advance their rights to get, use, and keep housing, and keep and increase quality housing that is affordable and accessible.
2010-2011 Objectives
A. Direct Representation: Represent people with disabilities on housing issues. Issues may include:
- Failure to provide reasonable accommodations and/or modifications, including in Section 8 program
- Zoning and land use policies that discriminate
- Refusal to lend, sell, or rent and other discriminatory practices
- Failure to comply with accessibility requirements
- Preserving and increasing the number of quality, affordable, accessible housing units for people with disabilities by:
* Increasing access to housing subsidy programs, including Section 8;
* Challenging access to housing subsidy programs, including Section 8
- Maintaining housing for people with disabilities by resisting foreclosures, evictions and conversions
i. Represent at least 1 person (PADD)
ii. Represent at least 2 people (PAIMI)
iii. Represent at least 1 person (PAIR)
iv. Represent at least 2 people (PAAT)
B. Other Systems Change Advocacy: Identify and take steps to change policies to expand quality, affordable, accessible housing. Steps may include:
- Commenting on public housing authority plans
- Investigate and develop approaches to actively evaluate and monitor new housing construction for fair housing compliance and conformance to universal design
- Enforcing land use laws and changing local policies and procedures to preserve and increase affordable and accessible housing
i. Complete at least 1 project (PAIMI, PAIR)
3. Fight discrimination and stereotypes about people with disabilities, and increase their rights and opportunities in the following areas:
- Access to public, private and government programs and services, including transportation, higher education, restaurants, stores, and businesses,
- Employment of their choice, with or without supports, and
- Directing their own lives, including rights to privacy, making choices, parenting, and other personal autonomy rights.
2010-2011 Objectives
A. Direct Representation: Represent people with disabilities on discrimination issues. This may include:
- Access to private and public entities
- Access to private and public entities due to service animals
- Discrimination and harassment in employment against people with disabilities
- The right of people with disabilities to self-direct their lives and relationships
- Right to be free from policies or practices of public or private entities that violate or interfere with legal rights or dignity, including seclusion, restraints or unwanted medical treatment
- Continue to litigate class action lawsuits about enforcing rights to accessible programs and services while living in county jail (Johnson v. Rutherford)
- Continue monitoring use of restraints for dialysis treatment in Sacramento County Jail (Stringfellow v. McGinness)
i. Represent at least 1 person (PAIMI)
ii. Represent at least 1 person (PAIR)
iii. Represent at least 20 people (PABSS)
iv. Represent at least 10 people (CAP)
v. Represent at least 1 person (EA)
vi. Continue to litigate class action lawsuits about enforcing rights to accessible programs and services while living in county jail. This affects approximately 50 individuals. (Johnson v. Rutherford) (EA)
vii. Continue monitoring use of restraints for dialysis treatment in Sacramento county jail. This affects approximately 300 people. (Stringfellow v. McGinness) (PAIR, PAIMI)
B. Other Systems Change Advocacy: Identify and take steps to address systemic discrimination issues. This may include:
- Monitoring implementation of SB 1608
- Evaluating ADA compliance by local governments especially in rural areas
- Develop a strategy for addressing personal autonomy rights and abuse issues for consumers in NFs
- Access to accommodations in higher education
i. Complete at least 1 project (PAIR)
4. Make sure voting systems and election processes are accessible and barrier free, and increase the numbers of people with disabilities who vote.
2010-2011 Objectives
A. Direct Representation: Provide direct representation (including in appropriate cases, technical assistance, brief service, negotiation, administrative hearings, mediation, alternative dispute resolution) to individuals with disabilities such as the following:
- Restoring or maintaining the right to vote
- Inaccessible voting systems
- Inaccessible polling places
- Barriers to a private and independent vote
i. Represent at least 1 person (PAVA)
B. Other Systems Change Advocacy: Identify and take steps to address a systemic issue(s) such as:
- Accessibility barriers at polling places (e.g. physical, sensory, cognitive), work may include poll monitoring, county VAAC, private and independent barriers to voting
- Inaccessible voting systems (e.g. electronic and paper-based), such as vote by mail
- Barriers to voting experienced by people with disabilities residing in public and private institutions (e.g. nursing homes, hospitals, board and care group homes)
- HAVA state planning, monitoring and implementation, including working with SOS, counties and statewide and local coalitions, such as the California Secretary of State's "Voter Accessibility Advisory Committee"
- Hosting an Election Day Hotline for voters with disabilities
i. Complete at least 7 projects (PAVA)
5. Make sure people with disabilities know their rights and have the materials and information they need to effectively advocate for themselves.
2010-2011 Objectives
A. Publications: Develop, or revise, and distribute publications, and/or training materials to people with disabilities, their family members, advocates, service providers, and/or other relevant groups of people on discrimination topics. Topics may include:
- Options for people with disabilities at risk of institutionalization due to budget cuts (new)
- Employment manuals
- Higher education
- Voter rights
i. Revise, translate, and distribute at least 1 current publication and/or training material, and/or develop, translate, and distribute at least 1 new publication and/or training material (PADD, PAIMI, PAIR, PAVA)
ii. Revise, translate, and distribute at least 1 current publication and/or training material, and/or develop, translate, and distribute at least 1 new publication and/or training material (PAVA)
B.Outreach and Training: Provide training and/or outreach to people with disabilities, their family members, advocates, service providers, and/or other relevant groups of people on discrimination issues. Issues may include:
- Housing
- Employment
- Olmstead
- Access to and discrimination by public or private entities, including first responders
- Parenting and other personal autonomy issues
- Voting Rights
- Civic Empowerment and Participation
i. Conduct at least 10 outreaches or trainings (PADD, PAIMI, PAIR)
ii. Conduct at least 10 outreaches or trainings (PAVA)
C. Counsel and Advice: Provide counsel and advice to people with disabilities, their advocates, family members, and/or other relevant groups of people on discrimination issues.
i. Provide counsel and advice to at least 18 people (PAAT)
ii. Provide counsel and advice to at least 126 people (PADD)
iii. Provide counsel and advice to at least 354 people (PAIMI)
iv. Provide counsel and advice to at least 715 people (PAIR)
v. Provide counsel and advice to at least 32 people (PATBI)
vi. Provide counsel and advice to at least 5 people (PAVA)
vii. Provide counsel and advice to at least 10 people (CAP)
viii. Provide counsel and advice to at least 65 people (PABSS)
ix. Provide counsel and advice to at least 75 people (EA)
6. Monitor proposed state regulations about discrimination and identify those that impact people with disabilities. Comment on these proposed regulations as needed.
- FEHC Regulations
- EEOC Regulations
- CA Secretary of State regulations/guidelines
i. All applicable regulations (PADD, PAIMI, PAIR)
ii. All applicable regulations (e.g. regulations drafted by the California Secretary of State) (PAVA)
Education for Children and Youth
Although children and youth with disabilities have the right to receive appropriate special education and supportive services in the least restrictive environment, it does not always happen. They still face many barriers to getting education services, including:
- Failure to assess and address their intellectual, functional, academic, vocational, physical, mental health, sensory, and behavioral needs
- Excluding children and youth from natural environments
- Failure to provide supports and services, including assistive technology
- Lack of compliance with processes required by law
- Lack of information so that parents can participate in meetings and make informed decisions about their child's education
- Lack of local and state agencies' compliance with the law
- Failure to include students in their own IEP meetings
Goals
1. Provide equal access to education and related services for children and youth with disabilities.
2010-2011 Objectives
A. Direct Representation: Represent students with disabilities to help them overcome barriers to equal access to education and related services. Those barriers include the failure to:
- Ensure that all students have equal access to education
- Ensure students with disabilities who want to go to charter schools, or who are already in charter schools, have equal access to needed support services and physical accessibility
- Ensure that parents can take part in the Individualized Educational Program, 504 Plans, and Individualized Family Service Plan (IEP/IFSP) processes by failing to provide quality interpretation and translation services for meetings and IEPs and IFSPs
- Ensure students get the related services they need at school, including assistive technology, mental health services, and/or transportation
- Appropriately assess students
- Include and implement positive behavior supports in an educational program
- Provide appropriate transition services for students entering special education from early start, or exiting special education after receiving a diploma or reaching age 22
- Ensure that students are not inappropriately transferred from one placement to another without first conducting appropriate assessments
i. Represent at least 3 people (PAAT)
ii. Represent at least 3 people (PADD)
iii. Represent at least 20 people (EA)
B. Other Systems Change Advocacy: Monitor the impact of cuts to the California State Budget and how that will affect students who have disabilities in special education and other education programs. This may include actions such as:
- Reviewing proposed cuts and advocate against them.
- Educating parents and students about whether the budget cuts affect them and how.
- Educating community members about effects of potential budget cuts to education.
i. Complete at least 1 project (PADD,PAIMI)
C. Other Systems Change Advocacy: Take steps to ensure that schools apply appropriate positive behavior interventions rather than negative interventions. This may include actions such as:
- Filing systemic complaints regarding inappropriate behavior interventions, including inappropriate restraints and seclusions.
- Systemic planning aimed at keeping students with behavior needs in the least restrictive environment.
- Developing a strategy for litigation and advocacy specifically concerning behavioral issues.
- Beginning a collaborative relationship with juvenile courts and public defenders to ensure that children in the juvenile justice system receive appropriate special education services.
- Working with non public schools that use restraints and seclusion to negotiate and implement positive behavior planning.
- Ensuring that schools are being properly monitored or trained on appropriate behavior planning and implementation.
- Addressing the lack of data collection regarding disciplinary tactics used by school districts and the proper implementation of behavior plans.
i. Complete at least 1 project (PADD,PAIMI)
ii. Complete at least 1 project (EA)
2. Make sure that educational processes required by law are followed.
2010-2011 Objectives
A. Direct Representation: Represent students with disabilities to ensure that the educational processes required by law for behavior problems are followed. The LEA's failure to follow required procedures may include the following:
- Implementing informal suspensions or expulsions without appropriate manifestation determination reviews
- Failing to implement a behavior plan, which leads to referrals to police or law enforcement to cite or arrest students with disabilities because of behaviors that are caused by their disabilities.
- Failing to create and/or implement appropriate behavior plans based on data and assessments.
- Reporting students as truant for disability related absences without providing appropriate accommodations or services to support the student and prevent the absences.
i. Represent at least 10 people (PADD)
ii. Represent at least 3 people (PAIMI)
iii. Represent at least 15 people (EA)
B. Direct Representation: Represent students who are transitioning into special education from Early Start, or exiting, or about to exit, special education in situations that may require the following actions:
- Ensuring there are no gaps in services during transition into and out of special education
- Ensuring the Regional Centers assess children before finding them ineligible for ongoing services and exiting them from Regional Center programs.
- Ensuring that the Regional Centers and any other necessary agencies (including, but not limited to the Department of Rehabilitation and County Mental Health) participate in transition planning and advise students and parents of their rights under special education laws, the Lanterman Act, and any applicable laws.
i. Represent at least 3 people (PADD)
C. Other Systems Change Advocacy: Identify and take steps to change how local educational agencies are treating, advising, and supporting students with disabilities during transition so they can pursue educational, vocational, and community opportunities and ensure that the local and state agencies responsible for developing and implementing transition plans are appropriately creating and implementing these plans for students before and during transition periods. This may include convening focus groups and creating a plan to ensure that students receive appropriate access to all post-transition opportunities and services, including higher education.
i. Complete at least 1 project (PADD)
3. Make sure that students are educated in the most integrated and least restrictive setting.
2010-2011 Objectives
A. Direct Representation: Represent students with disabilities to advocate for the most integrated settings. For example, work to ensure that:
- Students with disabilities attend their neighborhood schools, pre-schools, and other programs that they would attend if they did not have disabilities, including
- Participating fully in all extracurricular activities with appropriate supports and services, and higher education.
- Students with disabilities receive the behavior services, assistive technology, services, supports, transition opportunities (including higher education), and any other accommodations and modifications that will allow them to attend regular classes and schools
- Students with disabilities who have health care services and supports attend their neighborhood schools.
i. Represent at least 1 person (PAAT)
ii. Represent at least 10 people (PADD)
iii. Represent at least 2 people (EA)
iv. Represent at least 1 person (PAIMI)
v. Represent people in one class action affecting approximately 80,000 people (Chanda Smith v. LA U.S.D.) (PADD, PAAT)
B. Other Systems Change Advocacy: Further investigate and develop legal strategies to prevent students with disabilities from being removed from and "pushed out" of the education system because of their behaviors and/or because they have not been provided with the services and supports they need, including being suspended, expelled, "opportunity transferred," sent home under informal suspension, placed on home/hospital instruction absent medical necessity, referred to law enforcement and/or the juvenile court system.
i. Complete at least 1 project (EA)
ii. Complete at least 1 project (PADD)
4. Make sure that students with disabilities and their families are informed about their rights and have the information and materials they need to effectively advocate for themselves.
2010-2011 Objectives
A. Publications: Develop or revise, and distribute publications, and/or training materials to children with disabilities, their family members, advocates, service providers, and/or other relevant groups of people. This may include:
- Reviewing and updating Disability Rights California's education-related publications as needed
- Updating and translating Disability Rights California 's Special Education Rights and Responsibilities manual, including adding a new index and adding a new chapter on the rights of students with health care needs at school
- Creating a publication about the rights of students enrolled in charter schools
- Create a publication concerning bullying in schools
i. Revise, translate, develop, and/or distribute at least 2 publications (PADD, PAIMI, PAIR, EA)
B. Outreach and Training: Provide training and/or outreach to children with disabilities, their family members, advocates, service providers, school officials, and/or other relevant groups of people on education issues. This may include:
- Conducting trainings for students, parents, and other groups on the rights of students with disabilities in schools generally, including charter schools.
- Conduct trainings for stakeholders in the delinquency and dependency system (including but not limited to social workers, police officers, attorneys, CASAs, bench officers, public defenders, and probation officers) about the rights of students under the IDEA.
i. Conduct at least 100 outreaches or trainings (PAAT, PADD, PAIMI, PAIR, EA)
C. Counsel and Advice: Provide counsel and advice to children and youth with disabilities, their family members, advocates and service providers on the rights of students with disabilities to education and related services.
i. Provide counsel and advice to at least 5 people (PAAT)
ii. Provide counsel and advice to at least 600 people (PADD)
iii. Provide counsel and advice to at least 35 people (PAIMI)
iv. Provide counsel and advice to at least 10 people (PAIR)
v. Provide counsel and advice to at least 400 people (EA)
5. Monitor proposed state regulations about education and identify those that impact people children & youth with disabilities. Comment on these proposed regulations as needed.
This will include monitoring and commenting on proposed state regulations that impact people children & youth with disabilities and monitoring the California Department of Education Compliance unit.
i. All applicable regulations (PADD)
Lanterman Act
The Lanterman Act guarantees people with developmental disabilities the right to choose and receive the services and supports they need to be independent and productive in their community. But they still face many barriers to fully participating in society, including:
- They are segregated in living situations, day programs, work, and social and recreational activities
- They do not always have the information they need to make meaningful choices
- They do not get adequate services and supports, including assistive technology
- There are not enough innovative, integrated service alternatives
- Services in different regional center areas are not comparable, including cultural/ethnic groups, and rural areas
- Service coordination is not always effective
- Residential programs and other service providers may deny their rights
- Services are often not culturally competent or individualized to meet each person's needs are not heard
- Due process procedures are not adequate
- There is not enough money for quality services
- The quality assurance system does not measure outcomes
- Regional centers are not always well monitored by DDS.
- Services and supports are often not culturally competent or individualized, and self-advocates are often not listened to.
- Self-determination and choice, including the right to parent and develop and maintain relationships, are denied
Goals
1. Increase access to:
- Quality, culturally competent, inclusive community living options,
- Innovative, integrated work,
- Competitive employment,
- Adult education,
- Integrated social, volunteer, and recreational activities, and
- Self-directed services where people control their own budgets, select their service providers, and select and manage their own personal assistants.
2010-2011 Objectives
A. Direct Representation: Represent people with developmental disabilities. This may include helping:
- People who live in or are at risk of placement in institutional living arrangements; many of whom will need assistive technology to be successfully served in community living settings
- People with disabilities obtain or maintain assistive technology in their living arrangements, work, education, social, volunteer, or recreational activities
- People with disabilities to obtain or maintain supports to live successfully in the community
i. Represent at least at least 3 people (PADD)
ii. Represent people in one class action affecting approximately 7,500 people and monitor outcomes under the settlement consent decree (Capitol People First v. DDS). (PADD, PAAT)
B. Other Systems Change Advocacy:Identify and take steps to address systemic issues for people with developmental disabilities. This may include:
- The need for increased access to quality, culturally competent, inclusive community living options
- The need for innovative, integrated work, competitive employment, adult education, social, volunteer, and recreational activities
- The option of using the self-directed services model
- The need for increased access to assistive technology
i. Participate in at least 4 developmental disabilities system stakeholder groups (PADD)
2. Expand culturally competent supports and services for people with developmental disabilities who want to live as independently as possible with their families or other people they choose.
2010-2011 Objectives
A. Direct Representation: Represent people with developmental disabilities who live with their families. This may include helping:
- People with disabilities and their families to get the supports they need to remain in their family home, such as respite care, day care, nursing or behavioral services
- Adults with disabilities who live with their parents or other family members to get the supports they choose and need to become more independent and included in their communities
i. Represent at least 2 people (PADD)
3. Help people with developmental disabilities and their families better understand, exercise, and enforce their rights under the Lanterman Act and other laws, including rights to: regional center eligibility and services, privacy, personal autonomy, decision-making, and parenting.
2010-2011 Objectives
A. Direct Representation: Represent people with developmental disabilities to enforce their rights. This may include:
- Helping people get Regional Center eligibility
- Helping children with developmental disabilities in foster care
- IPP and due process issues, including notice issues
- Personal autonomy
- Other Lanterman Act rights
i. Represent at least 4 people (PADD)
ii. Represent at least 1 person (EA)
B. Other Systems Change Advocacy:Identify and take steps to address systemic issues for people with developmental disabilities. This may include:
- The need to ensure that the autonomy of people with developmental disabilities is respected
- DDS and regional center failures to meet their obligations under the Lanterman Act
- Inequitable distribution of regional center services, resulting in people of color and from ethnic communities receiving fewer regional center services
i. Participate in at least 1 developmental disabilities system stakeholder group (PADD)
ii. Develop at least 1 strategy (PADD)
4. Make sure that people with disabilities and their families are informed about their rights, and that they have the information and materials they need to effectively advocate for themselves.
2010-2011 Objectives
A. Publications: Develop, or revise, and distribute publications, and/or training materials to people with developmental disabilities, their family members, advocates, service providers, and/or other relevant groups of people.
- The rights of people with developmental disabilities under the Lanterman Act and other laws, including the right to live, work and play in the community with appropriate supports
- The right to assistive technology
- The right to be free from discrimination
i. Translate and distribute 1 manual (Disability Rights California's Rights Under the Lanterman Act Manual, a 13 chapter publication) and revise as needed (PADD)
ii. Translate, distribute, and revise as needed multiple "one-page" publications (or "fact sheets") (PADD)
iii. Review Lanterman related publications to identify publications needing to be updated or deleted, and revise, translate, and distribute one such identified publication. (PADD)
B. Outreach and Training: Provide training and/or outreach to people with developmental disabilities, their family members, advocates, service providers, and/or other relevant groups of people. Trainings may include:
- The rights of people with developmental disabilities under the Lanterman Act and other laws, including the right to live, work, and play in the community with appropriate supports
- The right to assistive technology
- The right to be free from discrimination
i. Conduct at least 6 trainings (PADD)(Joint objective with DD Peer/Self-Advocacy Goal) – DDPSA being responsible for coordinating 3 trainings, and Disability Rights California regional offices responsible for coordinating 3 trainings.
ii. Conduct at least 9 trainings or outreaches, including at statewide conferences (e.g. Supported Life training and Supported Living Network training), and local events (PADD)
iii. Conduct at least 1 training or outreach, including at statewide conferences (e.g. Supported Life training and Supported Living Network training), and local events (EA)
C. Counsel and Advice: Provide counsel and advice to people with developmental disabilities, their advocates, family members, and/or other relevant groups of people on Lanterman issues.
i. Provide counsel and advice to at least 150 people (PADD)
ii. Provide counsel and advice to at least 15 people (EA)
5. Monitor proposed state regulations about the Lanterman Act and related laws and identify those that impact people with disabilities. Comment on these proposed regulations as needed.
i. All applicable regulations (PADD, PAAT)
Mental Health
Californians with mental health disabilities often face discrimination and stigma. There is not always timely access to the services, programs, and coordination they need to live in the community, including client and family- centered programs. Children and youth and people with multiple disabilities lack coordination of their services. Because of these problems, people with mental health disabilities often face unnecessary institutionalization. Once inside facilities, they are denied adequate mental health services, physical health care, work, education, social and recreational activities, choice, dignity, freedom, and respect. They may also be denied self-determination and choice in their lives, including the right to parent and to develop and maintain relationships.
Goals
1. Improve the quality of life for people with mental health disabilities in institutions, by protecting their rights and ensuring that they have effective, client-centered, culturally competent services that will help their transition into the community.
2010-2011 Objectives
Provide direct representation (including in appropriate cases, technical assistance, brief service, negotiation, administrative hearings, mediation, alternative dispute resolution, litigation or amicus curiae representation) to individuals with disabilities in institutions in one or more of the following areas:
- Access to adequate mental health services and medical care;
- Their rights within institutions including access to telephones, computers, personal property, law libraries, visitors, confidential mail, and privacy rights;
- Their right to reasonable accommodations for their disabilities;
- Their right to receive culturally competent services in their primary language;
- Their right to be free from excessive and inappropriate discipline, seclusion and restraint, including chemical and physical restraint;
- The rights of individuals in county jails and juvenile facilities to receive appropriate mental health services, including medication; or
- The right of individuals to appropriate assessments in institutions at the time of admission for purposes of beginning discharge planning. [NOTE: Appropriate development and implementation of discharge plans is covered under Goal 3.]
- Review rights of individuals in institutions with no recent history of violence, to community placement.
i. Provide direct representation to at least 4 people (PAIMI)
ii. Represent people in one class action case affecting 6000 people (Rutherford v. Baca)(PAIMI)
B.Other Systems Change Advocacy: Identify and take steps to address a systemic issue or issues such as:
- Submitting comments or recommendations to the Department of Mental Health and/or other agencies regarding policies and practices affecting the rights of people with mental health disabilities;
- Increasing advocacy services to state hospital residents through collaboration with the PSA Unit and local law school students; or
- Monitoring the use of discipline, restraint and seclusion in institutions, including jails and juvenile facilities (including training to clients, their families or guardians and program staff regarding the proper use of restraint and seclusion and the right to positive behavior interventions).
i. Complete at least 3 projects (PAIMI)
2. Help people with mental health disabilities direct their own lives and avoid institutionalization. This can be done by challenging laws, policies and practices that violate civil and constitutional rights and lead to the unnecessary loss of freedom(s), or threaten their rights to privacy, making choices, parenting, and personal autonomy.
2010-2011 Objectives
A. Direct Representation: Provide direct representation (including in appropriate cases, technical assistance, brief service, negotiation, administrative hearings, mediation, alternative dispute resolution, litigation or amicus curiae representation) to individuals with mental health disabilities in one or more of the following areas:
- Their rights to parent and to needed supports related to parenting;
- Their rights to choice of medical care, including informed consent to psychotropic medication;
- Their rights to be free from conservatorship or from unnecessary limitations on their rights if conserved.
Their right to procedural due process at all stages of the Lanterman-Petris-Short (LPS) Act process.
i. Provide direct representation to at least 3 people (PAIMI)
B. Other Systems Change Advocacy: Identify and take steps to address a systemic issue or issues such as:
- Reviewing practices and effectiveness of forensic adult and juvenile mental health courts and other pre-booking or post-booking alternatives, and make recommendations for improvement, if needed, to insure that participation is voluntary, that clients make their own informed choices concerning their mental health care, that the services provided are effective, that services are provided in the least restrictive setting, and that clients have procedural due process rights at every stage of the process;
- Oppose expansion of involuntary treatment, including expansion of Assisted Outpatient Treatment (AOT) Programs;
- Work with the investigations unit (IU) to protect individuals in community living arrangements from abuse and neglect.
i. Complete at least 3 projects (PAIMI)
C. Other Systems Change Advocacy: In collaboration with the Peer Self Advocacy Unit, develop and begin implementation of a plan to investigate ways, consistent with resources, to address the problem of inadequate representation of people with mental health disabilities by public defenders. We will do this by continuing to identify common problems that clients commonly encounter (as identified by using PSAU survey) regarding public defender representation and developing and implementing training protocols for self-advocacy in this area.
i. Complete at least 1 project (PAIMI)
3. Make sure that people with mental health disabilities have prompt, unbiased access to voluntary, client-centered, culturally competent, community-based services and supports, including those through the Mental Health Services Act and those needed to keep children and youth at home or in the least restrictive placement possible.
2010-2011 Objectives
A. Direct Representation: Provide direct representation (including in appropriate cases, technical assistance, brief service, negotiation, administrative hearings, mediation, alternative dispute resolution, litigation or amicus curiae representation) to individuals with disabilities in one of more of the following areas:
- Appropriate challenges to cutbacks of community-based mental health services;
- Implementation of Pre-Admission Screening and Resident Review
(PASRR) recommendations, including continued monitoring of implementation of Chambers v. San Francisco settlement agreement;
- Access to Mental Health Services Act supported housing for individuals in institutions;
- Access to Mental Health Services Act community services and supports, including continued litigation in MHAC v. Schwarzenegger;
- Access to Medi-Cal specialty mental health services, including continued litigation in Napper v. Sacramento Co. Bd. Of Supervisors to preserve appropriate and adequate outpatient mental health services in Sacramento County;
- Access to Therapeutic Behavioral Services (TBS), wraparound, and therapeutic foster care services (for class members of the Emily Q or Katie A cases);
- Access to mental health services for children in foster care who are placed out of county;
- Access to community mental services for people with multiple disabilities;
- Appropriate development and implementation of discharge planning to promote transition to the community, or
- Continuity of care
i. Provide direct representation to at least 3 people (PAIMI)
ii. Provide direct representation to at least 3 people (EA)
iii. Represent people in one case affecting at least 335 people (Chambers v. San Francisco) (PAIMI, PAIR, PAAT)
iv. Represent people in one case affecting at least 4,000 people (MHAC v. Schwarzenegger) (PAIMI)
v. Represent people in one case affecting at least 5,000 people (Napper v. Sacramento Co. Bd. Of Supervisors) (PAIMI)
vi. Represent people in one class action case affecting 25,000 people (Emily Q. v. Bonta) (PAIMI)
vii. Represent people in one class action case affecting 60,000 people (Katie A. v. Bonta) (PAIMI, PADD)
B. Other Systems Change Advocacy: Identify and take steps to address a systemic issue or issues such as:
- Monitor implementation of the Mental Health Services Act, including supported housing, and address, through written comments and other means such as committee participation, issues pertaining to implementation of the Act.
- Monitor implementation of the Emily Q injunction requiring therapeutic behavioral services to class members.
- Monitor PASRR implementation and take appropriate steps to ensure implementation
i. Complete at least 2 projects (PAIMI)
4. Make sure that people with disabilities are informed about their rights and have the materials and information they need to effectively advocate for themselves.
2010-2011 Objectives
A. Publications: Develop, or revise, and distribute publications and/or training materials to individuals with disabilities in or at risk of placement in facilities, their family members, advocates, service providers, and/or other relevant groups of people on mental health issues such as:
- Caregivers' guide to accessing regional center, mental health and special education services for juveniles with psychiatric and developmental disabilities (EA) (NEW PUB);
- A Guide to Children's Mental Health Services Under Medical (htm) and (pdf), January 2008, 35 pages, English, #5188.01; Spanish, #5188.02. (PAIMI UPDATE);
- Develop short, consumer friendly materials on rights issues in collaboration with PSA unit (PAIMI);
- We may develop additional publications, as needed.
i. Revise, translate, and distribute at least 2 current publication(s) and/or training materials and/or develop, translate and distribute at least 2 new publications and/or training materials (PAIMI)
ii. Revise, translate, and distribute at least 1 current publication and/or training materials and/or develop, translate and distribute at least 1 new publication and/or training material (EA)
B. Outreach and Training: Provide training and/or outreach to individuals with disabilities in or at risk of placement in facilities, their family members, advocates, service providers, and/or other relevant groups of people on issues such as:
- Right to refuse treatment and right to give informed consent;
- Challenging conservatorships;
- Patients' rights;
- Discharge rights;
- Rights to mental health services and benefits;
- EPSDT mental health services.
i. Conduct at least 3 trainings and/or outreaches (PAIMI)
C. Counsel and Advice: Provide counsel and advice to individuals with disabilities, their advocates, family members, and/or other relevant groups of people on mental health issues.
i. Provide counsel and advice to at least 200 people (PAIMI)
ii. Provide counsel and advice to at least 50 people (EA)
5. Monitor proposed state regulations about mental health and identify those that impact people with disabilities. Comment on these proposed regulations as needed. (PAIMI)
Peer and Self-Advocacy
People with developmental, mental health and other disabilities face systemic barriers, discrimination, and stigma. They are often not treated with respect. They may lack the resources, support, and education they need to address barriers and discrimination, and make choices that impact their lives, including:
- Culturally competent services and programs
- Health, mental health, and support services
- Public benefits
- Peer services
- Regional Center services
- Integrated education, employment, and housing
- Alternatives to homelessness
- Protection of rights
- Transportation
- Voting and civic participation
- Relationships and personal choice
- Support from peers and learning how to advocate for one's self through education, training, and collaboration give people with disabilities powerful tools to break down these barriers and fight discrimination.
Peer and Self-Advocacy for People with Developmental Disabilities Goals
1. Provide effective peer/self-advocacy, support, education, outreach, and training to people with developmental disabilities to promote independence, empowerment, self-advocacy, and choice.
2010-2011 Objectives
A. Direct Representation: Provide direct representation, including in appropriate cases, technical assistance, or brief service to people with developmental disabilities with an emphasis of providing services to individuals from underserved communities. Issues may include:
- The Lanterman Act
- Moving out of institutions
- Self-Advocacy
i. Provide direct representation for at least 4 people (PADD)
B. Outreach and Training: Provide training and/or outreach to people with disabilities, their family members, advocates, service providers, and/or other relevant groups of people on issues. Issues may include:
- Regional Center rights
- Rights in facilities
- The appeal process
- Individual Program Plans (IPPs)
- Self-Directed Services
- Social and personal relationships
- Self-Advocacy
- Abuse prevention
- Supported Living
- Supported Employment
- Services from Disability Rights California and the Developmental Disabilities Peer/Self-Advocacy Unit
- Police and healthcare professionals sensitivity training
- Housing
- Ticket to Work
- Emergency preparedness
- Relationships
- Boardsmanship
- Civic Participation
- Voting
- Leadership
- Community Participation
- Freedom from Discrimination and Stigma
- Advocating for service rights in difficult fiscal times
i. Conduct at least 75 trainings and/or outreaches (PADD)
ii. Conduct at least 8 trainings and/or outreaches (PAVA)
iii. Conduct at least 6 trainings and/or outreaches (PADD) (Joint Objective with Lanterman Goal)
iv. Conduct at least 4 trainings and/or outreaches (PADD) (Joint Objective with OCRA)
v. Finalize and conduct 2 trainings (one North and one South) on addressing the stigma and discrimination that people with multiple disabilities, both psychiatric and developmental, experience. (PADD,PAIMI)
C. Publications: Develop, or revise, and distribute publications and/or
training materials to people with developmental disabilities, their family members, advocates, service providers, and/or other relevant groups of people on topics which may include:
- Your Individual Program Plan (IPP)
- Independent Living Services
- Abuse Prevention
- Ticket to Work
- Social and Personal Relationships
- Transportation
i. Revise, translate, and distribute at least 1 current publication and/or set of training materials (PADD)
ii. Develop, translate and distribute at least 1 new publication and/or set of training materials (PADD)
2. Work to transform systems and eliminate barriers, so the voices of people with developmental disabilities are heard, respected, and valued.
2010-2011 Objectives
A. Other Systems Change Advocacy:Identify and take steps to address a systemic issue or issues. For example:
- Collaborate with current community partners and identify new community collaborators to improve the developmental disabilities system and access to services
- Work with advocacy partners outside and within Disability Rights California to develop principles about employment of people with developmental disabilities
- Work with the California Memorial Project to implement the annual goals of the project
i. Complete at least 3 projects (PADD) (including 1 joint project with the Lanterman workgroup, and 1 joint project with the Peer/Self-Advocacy Unit)
Peer and Self Advocacy for People with Psychiatric Disabilities Goals
1. Provide effective peer/self advocacy, support education, outreach and training to people with psychiatric disabilities in order to promote independence, empowerment and choice.
2010-2011 Objectives
A. Materials:
- Develop, or revise, and distribute publications and/or training materials to people with disabilities, their family members, advocates, service providers, and/or other relevant groups of people on topics such as:
* Housing
* Voting
* Employment, and
* Social Security
i. Translate into Spanish, and distribute at least 9 current publications and/or sets of training materials (PAIMI, PAVA)
ii. Develop and distribute at least 7 new publications and/or sets of training materials. One of 7 will be PAVA (PAIMI, PAVA)
B. Outreach and Training:
- Provide ongoing Self-Advocacy Trainings to people with psychiatric disabilities, on topics of their choice such as: Rights in facilities, how to get out and stay out, etc.
- Provide outreach to people with psychiatric disabilities, on topics such as: services offered by Disability Rights California, voting rights, civic participation, and rights related to becoming a poll worker or poll site
- Provide Self-Advocacy workshops to people with psychiatric disabilities on topics of their choice including: housing, benefits, voting rights, employment, and community services and supports
i. Conduct at least 20 ongoing self-advocacy groups (PAIMI)
ii. Conduct at least 10 trainings and/or outreaches (PAIMI)
iii. Conduct at least 8 trainings and/or outreaches (PAVA)
iv. Conduct at least 5 trainings and/or outreaches (PATBI)
v. Conduct at least 15 workshops. Three of 15 will target the API community (PAIMI)
vi. Conduct at least 7 workshops (PAVA)
vii. Conduct at least 4 trainings (2 North and 2 South) addressing the stigma and discrimination that people with multiple disabilities, both psychiatric and developmental experience. Joint goal with DDPSA unit (PAIMI,PADD)
2. Work to transform systems by eliminating barriers, so that the voices of people with psychiatric disabilities are respected and valued.
2010-2011 Objectives
A. Other Systems Change Advocacy: Identify and take steps to address a systemic issue or issues. This may include:
- Continued implementation of the California Memorial Project, by:
* Conducting Remembrance Ceremonies at State Hospitals, and Developmental Centers;
* Collecting oral histories from those who have lived or who live in State Hospitals, and
* Working with state agencies and other collaborators to memorialize 2 cemeteries
- Implementation of the Mental Health Services Act by:
* Following the progress of Community Services and Support plans in four counties such as Sonoma, Riverside, San Diego, and Humboldt counties
* Follow the progress of gathering information for counties as they develop the Consolidated CSS Plan for four counties such as Sonoma, Riverside, San Diego, and Humboldt counties
* Following the work of the Oversight and Accountability Commission
- Implement a strategy for increasing voter turnout of people with disabilities living in facilities based on the survey done last fiscal year.
- Develop a plan in collaboration with the Mental Health Work Group to address issues indentified in the surveys. The Survey asks people to identify problems, successes, and issues that they have had in accessing the services of Public Defenders.
i. Complete at least 3 projects (PAIMI) (including 1 joint project with Mental Health goal)
Collaborative Projects
Different groups of people with disabilities, including seniors with disabilities and people with developmental, psychiatric, physical, and/or sensory disabilities have developed parallel advocacy efforts to address similar issues that impact their lives. As a result, these efforts may be less effective and disability groups may be in competition with one another.
1. Help people with disabilities develop advocacy projects that foster collaboration and eliminate stereotypes between different communities, and address issues that are important to all groups.
2010-2011 Objectives
A. Other Systems Change Advocacy: Identify and take steps to address a systemic issue or issues such as:
- Civic involvement related to being a juror
- Voting Rights
- Return to work issues for employees with disabilities
i. Complete at least 1 project (PAVA, PAIMI)
Funding Sources
Disability Rights California receives funds from federal and state agencies, the State Bar, foundations and private donations.
Here is information to help you understand the titles of the federal grants and state funds identified in the Goals and Objectives:
PADD: In 1978, Disability Rights California became the agency in California responsible for protecting and advocating for the rights of people with developmental disabilities under the federal Developmentally Disabled Assistance and Bill of Rights Act of 1978 (PADD).
PAIMI: The Protection and Advocacy for Individuals with Mental Illness Act of 1986 (PAIMI) extended Disability Rights California's mandate to people with psychiatric disabilities.
PAIR: The Protection and Advocacy of Individual Rights Act of 1992 (PAIR) extended Disability Rights California's mandate to people with physical, learning and sensory disabilities.
PAAT: Beginning in 1998, Disability Rights California received limited funds under the Protection and Advocacy for Assistive Technology (PAAT) Act to increase access to assistive devices and equipment.
PABSS: Under the Protection and Advocacy for Beneficiaries of Social Security (PABSS) Act, Disability Rights California provides advocacy assistance to Beneficiaries of Social Security Disability or Supplemental Security Income (SSI), and to people who are working and are beneficiaries of Medicare, Medi-Cal or In-Home Supportive Services (IHSS) about securing or requiring employment.
PATBI: Protection & Advocacy for Individuals with Traumatic Brain Injury (PATBI) assures that people with traumatic brain injury receive appropriate services and supports within their own communities. Disability Rights California promotes the rights of people with Traumatic Brain Injury (TBI) through advocacy assistance, education, and outreach to build TBI community awareness and support for inclusion. This program was established by federal grants from the Department of Health and Human Services.
PAVA: Part of the Help America Vote Act of 2002 (HAVA) was the Protection and Advocacy for Voting Access (PAVA) program. PAVA expanded Disability Rights California's ability to work for full participation in the electoral process for people with disabilities, including registering to vote, casting a vote and accessing polling places.
Disability Rights California receives funds from the State Bar under the Equal Access to Justice Project to provide services to indigent Californians with disabilities under these specific projects:
- EA – Disability Advocacy for Underserved Communities, Children and Young Adults (UCCYA)
- EA – Disability Civil Rights and Access to Benefits (EA – Dis. Civ. Rights)IOLTA: We receive support from the State Bar of California's Interest on Lawyers Trust Account (IOLTA) program, which funds legal services for low-income people around California.
Disability Rights California receives funds under a contract with the State Department of Rehabilitation to provide services under the Client Assistance Program (CAP), a federal program that provides information and assistance to individuals seeking or receiving services under the Rehabilitation Act, including assistance in pursuing administrative, legal, and other appropriate remedies to ensure the protection of their rights.
OTHER ELIGIBILITY: Disability Rights California also provides services under several contracts such as the Office of Patients' Rights and the Office of Clients' Rights Advocacy.
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