Getting to know Disability Rights California’s Investigations Unit - Outline
April 4, 2019
Liz Logsdon
Registered Legal Services Attorney

Kevin Diosdado
Investigator
Slide 2
A Background on the Protection & Advocacy System
Video available here:  https://www.youtube.com/watch?v=m3vYxSe3s4M
Slide 3
Disability Rights California
Disability Rights California (DRC) advocates, educates, investigates, and litigates to advance the rights, dignity, equal opportunities, and choices for all people with disabilities. [Slide 3 has an Image of DRC staff and board members]
Slide 4
Protection & Advocacy System
Disability Rights California (DRC) is part of the national Protection & Advocacy System (P&A) —a network of 57 federally mandated legal advocacy agencies serving people with disabilities.
-	Governed by statutes which provide mandates to serve particular disability populations 
-	P&A in every state and U.S. territory plus one serving Native Americans
-	The P&A System is the largest provider of legal advocacy for people with disabilities in the U.S.
Slide 5
Fast Facts
–	Designated by the governor as the P&A for California in 1978 under the name Protection & Advocacy, Inc. (PAI)
–	Independent, private, nonprofit agency
–	Over 24,000 individuals served
–	Over 600,000 impacted through systemic litigation
–	Over 350 publications with translations into 11 other languages
Slide 6
Divisions
–	Legal Advocacy Unit
–	Legislative and Public Affairs
–	Peer & Self Advocacy
–	Office of Clients’ Rights Advocacy
–	Office of Patients’ Rights
–	Office of Payee Review & Beneficiary Assistance
Slide 7
Legal Mandate – Expressly empowered by Congress and state law to:
–	Investigate incidents of abuse, neglect, or violations of rights
–	Pursue legal, administrative and other appropriate remedies to ensure enforcement of constitutional and statutory rights
–	Provide information and referral about rights and how to enforce those rights
–	Provide technical support and training
Slide 8
DRC’s Investigations Unit
DRC’s Investigations Unit is a 5 person team (4 Attorneys and 1 Investigator) based out of Los Angeles, Sacramento, and the Bay Area [Slide 8 has an Image of leather restraint straps on a hospital bed]
Slide 9
What We Do
We investigate allegations of abuse & neglect of people with disabilities in all settings throughout the state. We look into allegations based on a formal complaint, or with probable cause. 

Our investigations are focused on systemic reform
-	We want to ensure the system works 
-	We are rarely the primary investigators  
-	We work on public policy
Slide 10
Areas of Focus
–	Quality of Care
-	Physical and/or sexual abuse
-	Neglect
-	Medication overuse
-	Failure to coordinate services
-	Inadequate oversight and monitoring
–	Restraint and Seclusion
–	Interface with the Justice System
–	All Settings (institutional and community)

Slide 11
Access Authority
–	DRC has access to people, places, and records
–	Authorized by state and federal law
–	Investigate allegations of abuse/neglect AND monitor facilities and programs
–	Reasonable, unaccompanied access to people with disabilities
–	Can take photos or videos of facilities and conditions
–	Must keep records confidential
–	Can issue a public report of findings
Slide 12
Reporting to the Investigations Unit
–	State Hospitals, Developmental Centers, and Regional Center Vendors report:
-	Monthly restraint & seclusion data
-	Incidents involving any unexpected or suspicious death, any allegation of sexual assault in which the alleged perpetrator is a staff member, and any report made to local law enforcement that involves physical abuse
–	The Department of Public Health reports Level B and higher citations issued to long term care facilities
–	The Center for Medicaid Services reports authorized investigations of deaths related to the use of restraint
Slide 13
Case Example:  Juan Aguilar
–	Mr. Aguilar is a 56 year old State Hospital patient
–	Discussion with staff member about changes to medication escalated and Hospital Police responded
–	Hospital Police tackled patient from behind, causing Mr. Aguilar and an officer to fall into a concrete wall
–	Mr. Aguilar sustained multiple facial fractures and serious lacerations to his face. Officer sustained a mild concussion.
–	Hospital Police arrested Mr. Aguilar and booked him into county jail on 3 charges relating to criminal threats, resisting officers, and causing great bodily injury to a peace officer
–	DRC opened investigation into the Hospital Police Department regarding the officers using excessive force, reporting misleading / inaccurate information, and dishonesty during interviews
–	Office of Law Enforcement Support investigated and DRC reviewed that investigation
–	DRC investigation still in progress
Slide 14
Public Report Example
AN OUNCE OF PREVENTION: LAW ENFORCEMENT TRAINING AND MENTAL HEALTH CRISIS INTERVENTION
–	Law enforcement officers are overwhelmingly first responders to incidents involving people with mental illness who are in crisis
–	DRC conducted statewide survey of law enforcement training practices surrounding mental illness
–	Published report in 2014: https://www.disabilityrightsca.org/system/files/file-attachments/CM5101.pdf
–	DRC IU now serves as a subject matter expert to the Commission on Peace Officer Standards and Training (POST) and is developing de-escalation training
Slide 15
Interview & Investigation Reminders
–	Interview victim(s) & other witnesses with disabilities
–	Don’t assume the victim lacks credibility or capacity
–	Use “people first language”
–	Speak directly to the victim
–	Ask victims about accommodations (communication devices, presence of support person/advocate) 
–	Suspect everyone, including care providers
–	Be patient; take breaks
–	Start with open ended questions
–	Avoid compound questions
–	Separate complex information into smaller parts
–	Avoid leading questions
–	Don’t pity or patronize
–	Don’t assume people with disabilities suffer less emotional or psychological trauma than other crime victims
–	Victimization may exaggerate feelings of self-blame, low self-esteem, vulnerability, confusion
Slide 16
Collaboration
–	Recall this is a vulnerable population at great risk of abuse, neglect, and criminal victimization
–	Cover gaps in system
–	Work together; get to know each other & the resources available:
-	Reach out to local disability services organizations
-	Explore cross-training opportunities & interagency coalitions
–	Work to enhance tracking of rates of victimization of people with disabilities
Slide 17
Collaboration
–	Recall this is a vulnerable population at great risk of abuse, neglect, and criminal victimization
–	Cover gaps in system
–	Work together; get to know each other & the resources available:
-	Reach out to local disability services organizations
-	Explore cross-training opportunities & interagency coalitions
–	Work to enhance tracking of rates of victimization of people with disabilities