Disability Rights California

Advocacy Priorities and Goals for Federal Programs 2008-2012

With 2009-2010 One Year Objectives
Implementing Rights, Addressing Wrongs

Abuse and Neglect..................................................................... 3

Benefits....................................................................................... 6

Discrimination........................................................................... 13

Education for Children and Youth........................................... 19

Lanterman Act.......................................................................... 25

Mental Health............................................................................ 30

Peer and Self-Advocacy........................................................... 35

Collaborative Projects.............................................................. 40

Funding Sources...................................................................... 41

 


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.

2009-2010 Objectives

A.  Technical Assistance or Investigation: Provide technical assistance or investigate certain cases where someone died or was seriously injured because of abuse or neglect, for example, suicide, sexual assault, or prescriptions for multiple drugs. Investigations will include looking at inadequate and/or untimely investigations, and inadequate, and/or untimely oversight 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 7 people (PAIMI)

iii.   Investigate abuse and neglect about, or provide assistance at least 10 people (PAIR)

B.  Other Systems Change Advocacy: Work to improve how licensing and certification and other agencies respond to reports of abuse and neglect.

i.     Complete at least 1 project (PADD, PAIMI, PAIR)

 

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.

2009-2010 Objectives

A.  Technical Assistance or Investigation: Provide technical assistance or investigate certain cases of physical abuse and sexual assault that were investigated inadequately, or that received inadequate or late oversight by responsible entities such as law enforcement, criminal justice, licensing agencies, regional centers, and protective services agencies.

i.     Investigate abuse and neglect about, or provide assistance to at least 2 people (PADD)

ii.    Investigate abuse and neglect about, or provide assistance to at least 1 person (PAIMI)

3.   Eliminate the use of physical and chemical restraint, seclusion, other methods of containment, and aversives for people with disabilities.

2009-2010 Objectives

A.  Technical Assistance or Investigation: Provide technical assistance or investigate certain cases involving the use of restraint, seclusion, containment interventions and aversives, in public or private schools and other settings. 

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 4 people (PAIMI)

B.  Other Systems Change Advocacy: Identify and take steps to address a systemic issue or issues in areas such as: restraints or seclusion laws or regulations, or reduction and/or elimination initiatives

 

i.     Complete at least 1 project (PADD, PAIMI)

4.   Inform people with disabilities about their rights and give them the information and materials they need to advocate for themselves.

2009-2010 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 abuse and neglect issues.

i.     Develop and distribute at least 1 publication. (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. (PADD, PAIMI, PAIR)

C.  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 and Restraint

i.     Conduct at least 2 outreaches or trainings (PADD, PAIMI, PAIR)

ii.    Conduct at least 1 outreach or training (PADD, PAIMI)

D.  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 16 people (PADD)

ii.    Provide counsel and advice to at least 34 people (PAIMI)

iii.   Provide counsel and advice to at least 20 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.

2009-2010 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

-       Suspension or termination of SSI or Social Security Title II benefits because of outstanding warrants

-       Barriers to establishing child SSI eligibility

i.     Represent at least 20 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 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:

*       Increasing individual and couple exempt resource allowances, and

*       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.

-       Reducing problems and barriers in the disability determination process. Possible examples include:

*       Consultative examination issues,

*       Issues relating to the transfer to electronic files, and

*       Notice problems in Continuing Disability Review (CDR) cases

i. Complete at least 2 projects (PAIMI, PAIR)

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.

2009-2010 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 needs and/or who are dependent on technology.

 

 

-       Medi-Cal services and eligibility, for example:

*       Minimizing or delaying impact of proposed reduction in services or eligibility because of State budget problems

*       Timely processing of applications based on disability

*       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 3 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)

 

 

B.  Other Systems Change Advocacy:

-       Monitor Medi-Cal managed care and other health care reform proposals. Identify the impact on people with disabilities and comment on any changes needed to protect people with disabilities

-       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.

2009-2010 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, 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 20 people (PABSS)

v.       Represent at least 6 people (PATBI)

vi.      Represent at least 80 people (CAP)

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, PAAT)

viii.   Address statewide IHSS cuts through litigation and other strategies (PAIR, PAIMI, PADD)

B.  Other System Change Advocacy:

-       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

i.     Complete at least 1 project (PADD)

ii.    Complete at least 1 project (PAIR)

iii.   Complete at least 1 project (PATBI)

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.

2009-2010 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. 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 55 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 2 outreaches or trainings (PAIR)

vi.  Conduct at least 15 outreaches or trainings (PATBI)

vii. Conduct at least 6 outreaches or trainings (CAP)

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 240 people (PABSS)

iii.   Provide counsel and advice to at least 225 people (PADD)

iv.  Provide counsel and advice to at least 25 people (PAIMI)

v.   Provide counsel and advice to at least 475 people (PAIR)

vi.  Provide counsel and advice to at least 50 people (PATBI)

vii. Provide counsel and advice to at least 60 people (CAP)

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.

2009-2010 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 being placed in) state operated or private institutions, including Institutions for Mental Diseases (IMDs)

-       People with physical disabilities including seniors, people with traumatic brain injuries, and people who are dually diagnosed, who are placed in nursing facilities or large residential facilities without any mechanism for discharge to the community.

-       Monitor implementation of class action re LHH

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) (PADD, PAIMI, PAIR)

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 people with disabilities their right to live in the community 

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.

2009-2010 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 2 people (PAIR)

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.

2009-2010 Objectives

A.  Direct Representation: Represent people with disabilities on discrimination issues. This may include:

-       Access to private and public entities

-       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. 

i.     Represent at least 1 person (PAIMI)

ii.    Represent at least 1 person (PAIR)

iii.   Represent at least 1 person (CAP)

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

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.

2009-2010 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 on the following issues:

-       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 or issues such as:

-       Accessible barriers getting to and from polling places.

-       Accessibility barriers at polling places (e.g. physical, sensory, cognitive)

-       Barriers to “private and independent” voting experienced by voters with disabilities, which violate HAVA and state law Curbside voting barriers

-       Inaccessible voting systems (e.g. electronic and paper-based)

-       Barriers to voting experienced by people with disabilities residing in public and private institutions (e.g. nursing homes, hospitals)

-       Development, monitoring and enforcement of  the California Secretary of State’s HAVA State Plan

-       HAVA state planning, monitoring and implementation, including working with SOS and statewide and local coalitions, such as the California Secretary of State’s “Voter Accessibility Advisory Committee

-       Provisional ballot issues

-       Barriers to voter registration

-       Barriers to accessing State and County voter rights education materials Hosting an Election Day Hotline for voters with disabilities

-       “Get Out the Vote” activities

i.     Complete at least 4 projects (PAVA)

5.   Make sure people with disabilities know their rights and have the materials and information they need to effectively advocate for themselves.

2009-2010 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:

-       Option for people with disabilities at risk of institutionalization due to budget cuts (new)

-       Employment manuals

-       Higher education

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)

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

-       Parenting and other personal autonomy issues

-       Voting Rights

-       Civic Empowerment and Participation

i.     Conduct at least 10 outreaches or trainings (PADD, PAIMI, PAIR, PAVA, PABSS)

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 11 people (PAAT)

ii.    Provide counsel and advice to at least 62 people (PADD)

iii.   Provide counsel and advice to at least 258 people (PAIMI)

iv.  Provide counsel and advice to at least 514 people (PAIR)

v.   Provide counsel and advice to at least 50 people (PATBI)

vi.  Provide counsel and advice to at least 5 people (PAVA)

6.   Monitor proposed state regulations about discrimination and identify those that impact people with disabilities. Comment on these proposed regulations as needed.

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.

2009-2010 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 make sure students in foster care have equal access to education

-       Failure to make sure students with disabilities who want to go to charter schools, or who are already in charter schools, have equal access to needed support services

-       Failure to make sure parents can take part in the Individualized Educational Program and Individualized Family Service Plan (IEP/IFSP) processes by failing to provide quality interpretation  and translation services for meetings and IEPs and IFSPs

-       Failure to make sure students get the related services they need at school, including assistive technology, mental health services, and/or transportation

-       Failure to appropriately assess students, which can result in the

-       failure to identify and offer appropriate educational planning and services, and provide necessary supports, services, accommodations and modifications, and placement in the least restrictive environment, to students who have disabilities.

-       Failure to include positive behavior supports in an educational program.

-       Schools’ inappropriate decisions that behavior of students with disabilities is not caused by their disabilities, or inappropriate sending of these students to a new placement because of their behaviors without conducting appropriate assessments, educational planning, or providing appropriate services or supports.

-       Failure to implement appropriate behavior supports in educational settings, including inappropriately implementing informal suspension policies, referring pupils to school attendance review boards, and referring students to law enforcement instead of applying behavior plans.

i.     Represent at least 1 person (PAAT)

ii.    Represent at least 3 people (PADD)

iii.   Represent at least 1 person (PAIMI)

iv.  Represent at least 5 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 will include:

-       Review proposed cuts and advocate against them.

-       Educate parents and students about whether the budget cuts affect them and how.

-       Educate community members about effects of potential budget cuts to education.

i.     Complete at least 1 project (PAIMI/PADD)

C.  Other Systems Change Advocacy: Take steps to insure that schools apply appropriate positive behavior interventions rather than negative interventions.  For example:

-       File systemic complaints regarding inappropriate behavior interventions, including inappropriate restraints and seclusions.

-       Continue systemic planning aimed at keeping students with

 

-       behavior needs in the least restrictive environment.

-       Develop a strategy for litigation and advocacy specifically concerning behavioral issues.

-       Begin developing a collaborative relationship with juvenile courts and public defenders to ensure that children in the juvenile justice system receive appropriate special education services.

-       Work with non public schools that use restraints and seclusion to negotiate and implement positive behavior planning.

i.     Complete at least 1 project (PADD)

ii.    Complete at least 1 project (EA)

2.   Make sure that educational processes required by law are followed.

2009-2010 Objectives

A.  Direct Representation: Represent students with disabilities to make sure that the educational processes required by law for behavior problems are followed. For example:

-       Implementing informal suspensions (when students are sent home early from school or are not allowed to come back to school, are removed from their placements for portions of the days, or are given in-school suspensions because of their behaviors but they are not officially suspended from school) without appropriate manifestation determination reviews.

-       Failure 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.

-       When schools do not do enough behavior evaluation, draft poor behavior improvement plans, or fail to implement evaluations or monitor the student’s behavior in a timely manner.

i.     Represent at least 3 people (PADD)

ii.    Represent at least 1 person (PAIMI)

iii.   Represent at least 1 person (PAIR)

iv.  Represent at least 2 people (EA)

B.  Direct Representation: Represent children with disabilities to make sure that educational processes required by law for students entering school for the first time or coming from Early Start programs (from birth to three years old) into preschool-age programs are followed, such as:

 

-       Make sure there are no gaps in services for children as they move

-       from programs for newborns to three - year olds to programs for preschool age students.

-       In situations where the parents and school districts are involved in a dispute regarding the services provided, ensure that the Regional Center remains the payer for services as part of transition services, until the issue between the parents and school is resolved.

-       Ensure the Regional Centers assess children before finding them ineligible for ongoing services and exiting them from Regional Center programs. 

-       Ensure that the Regional Center advises parents of their rights under special education laws and the Lanterman Act.

-       Make sure that regional centers tell children and their parents if their children's Early Start and Regional Center services will end at age three and why, the legal requirements that apply to the Regional Center and other providers, what other services may be available, and what the options are if they do not agree.

i.     Represent at least 3 people (PADD)

C.  Other Systems Change Advocacy: Identify and take steps to change how students with disabilities are treated 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.

i.     Complete at least 1 project (PADD)

3.   Make sure that students are educated in the most integrated and least restrictive setting.

2009-2010 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.

-       Students with disabilities participate fully in all extra curricular

 

activities with appropriate supports and services.

-       Students with disabilities receive the behavior services, assistive technology, services, supports, 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 3 people (PADD)

iii.   Represent at least 1 person (PAIMI)

iv.  Represent at least 1 person (PAIR)

v.   Represent at least 1 person (EA)

vi.  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 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 because of their behaviors or because of what happens when they do no receive the services and supports that they need.

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.

2009-2010 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 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

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.

i.     Conduct at least 25 outreaches or trainings (PAAT, PADD, PAIMI, PAIR)

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 1000 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 85 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.

2009-2010 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 assistive technology in their living arrangements, work, education, social, volunteer, or recreational activities

-       People with disabilities to obtain 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.

2009-2010 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.

2009-2010 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.

2009-2010 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.     Expand, revise, translate, and distribute 1 manual (Disability Rights California’s Rights Under the Lanterman Act Manual, a 13 chapter publication) (PADD)

ii.    Develop, translate, and distribute multiple “one-page” publications (or “fact sheets”) (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, PAAT, EA)(Joint objective with DD Peer/Self-Advocacy Goal)

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, PAAT, 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 137 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, EA)


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.

2009-2010 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 in institutions  with disabilities on one or more of the following issues:

-       Access to adequate mental health, medical and dental care

-       Their rights within institutions, including access to telephones, personally-owned computers, personal property, law libraries, visitors, confidential mail, and privacy rights

-       Their rights to reasonable accommodations for their disabilities

-       Their rights to receive culturally competent services in their primary language

-       Their rights to be free from excessive and inappropriate seclusion and 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 at the time of

admission to institutions for purposes of beginning discharge planning.  [NOTE:  Appropriate development and implementation of discharge plans is covered under Goal 3.]

i.     Provide direct representation to at least 3 people (PAIMI)

ii.    Provide direct representation to at least 2 people (EA)

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 facilities about policies 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 restraint and seclusion in institutions, including day treatment programs for children, 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 1 project (PAIMI)

ii.    Complete at least 1 project (EA)

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.

2009-2010 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 on the following issues:

-       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 mental health courts 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, 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

i.     Complete at least 1 project (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.

2009-2010 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

-       Access to Medi-Cal specialty mental health services

-       Access to Therapeutic Behavioral Services (TBS), wraparound services, and therapeutic foster care services (for class members of the Emily Q or Katie A cases);

-       Access to community mental services for people with multiple disabilities

-       Appropriate development and implementation of discharge planning to promote transition to the community

-       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 class action case affecting 25,000 people (Emily Q. v. Bonta) (PAIMI, PADD)

iv.  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, and address, through written comments and other means, 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.

2009-2010 Objectives

A.  Publications: Develop, or revise, and distribute publications and/or training materials to people with mental health disabilities, their family members, advocates, service providers, and/or other relevant groups of people. This may include:

-       Children’s Guide to Medi-Cal Mental Health Services (update)

 

-       Mental Health Managed Care Manual (update)

-       Fact sheets and memos addressing state budget cuts;

-       How to file a citizen’s complaint against a police officer;

-       Confidentiality of medical records (HIPAA and state law update);

-       Mental health parity;

-       Calculating the maximum time for LPS holds;

-       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. Topics may include: 

-       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 outreaches or trainings (PAIMI, 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 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.

2009-2010 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.

2009-2010 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.

2009-2010 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)

ii.    Develop and distribute at least 7 new publications and/or sets of training materials (PAIMI)

iii.   Develop and distribute at least 1 new publication and/or training material (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 13 trainings and/or outreaches (PAIMI, PAVA)

iii.   Conduct at least 15 workshops (PAIMI, PAVA)

iv.  Provide at least 2 trainings using the Stigma and Discrimination Module developed by PSA and DD/PSA units in the previous year

2.   Work to transform systems by eliminating barriers, so that the voices of people with psychiatric disabilities are respected and valued.

2009-2010 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

*       Following the progress of Prevention and Early Intervention and Innovation and Workforce plans in 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.

-       Distribute developed survey to all Peer/Self Advocacy Groups, collate results, and develop a plan in collaboration with the Mental Health Work Group to address issues indentified from 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)

ii.    Complete at least 1 project (PAVA)

iii.   Complete at least 1 project (PAIMI)


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.

Goal

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.

2009-2010 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, PAIR)

 


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.

EA: 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 – Rights in Facilities (EA – RIF)

-       EA – Children and Young Adult Initiative (EA – C&YAI)

-       EA – Advocacy Services for Californians with Disabilities                   from Language and Ethnic Distinct Communities (EA – MCA)

-       EA – Disability Civil Rights and 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.

 

CAP: 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.