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DISABILITY CENTER OF ALASKA
Annual Program Performance
Goals, Priorities and Objectives
2004 Federal Fiscal Year
Overview
The Disability Law Center of Alaska is the designated "Protection and Advocacy"
(P & A) agency for Alaska. In response to the public outcry about the abuse and neglect of individuals with disabilities in institutional care, the U.S. Congress in 1975 mandated the creation of P & A agencies in every state and territory. The purpose of this nationwide system is to provide for the protection of and advocacy for the legal, civil, and human rights of persons with mental or physical disabilities.
When the Protection and Advocacy Systems were first initiated, programs established themselves by responding to every customer's need. In doing so the system gained a positive reputation among consumers and was successful in petitioning Congress to expand its mandate to include not only people with developmental disabilities but also people with labels of mental illness and other disabilities. The three primary federal programs of the Disability Law Center are:
The Protection & Advocacy System for Persons with Developmental Disabilities (PADD) was created by the Developmental Disabilities Assistance and Bill of Rights Act of 1975. P&As are required by the Act to pursue legal, administrative, and other appropriate remedies to protect and advocate for the rights of individuals with developmental disabilities (DD) under federal and state laws. The Administration for Children and Families, Administration on Developmental Disabilities administers the PADD program.
The Protection & Advocacy Program for Individuals with Mental Illness (PAIMI) was established in 1986. PAIMI agencies are mandated to (1) protect and advocate for the rights of people with mental illness and (2) investigate reports of abuse and neglect both in facilities that care for or treat individuals with mental illness and in the community. The Substance Abuse and Mental Health Services Administration, Center for Mental Health Services administers the PAIMI program.
The Protection and Advocacy Program for Individual Rights (PAIR) was established by Congress as a national program under the Rehabilitation Act in 1993. PAIR programs were established to protect and advocate for the legal and human rights of persons with disabilities not served by either the PADD or PAIMI programs. The Office of Special Education and Rehabilitative Services, Rehabilitation Services Administration administers the PAIR program.
However, we have reached a point where demand for our services exceeds available resources and we must plan activities in a strategic manner to most effectively utilize
those resources. Our funding sources understand our dilemma and support our efforts toward efficiency and in determining whom we serve and then how we serve those clients. One such effort is the process of establishing Goals, Priorities and Objectives, a process which incorporates a variety of factors, including our federal mandates, public input, and our twenty-five years of expertise in providing legally-based advocacy for people with disabilities in Alaska. The 2004 Goals, Priorities and Objectives, approved by our Board of Directors, are described below.
DLC is committed to promoting and preserving disability rights in the State of Alaska. Please call us to see how we can assist you.
Case Selection
The Disability Law Center of Alaska serves individuals whose disability is the reason for discrimination, abuse or neglect, or failure to provide needed services. We do NOT handle general legal problems for people with disabilities, such as probate of an estate, obtaining a divorce or filing for bankruptcy. If you have a disability and cannot afford legal help, we may be able to refer you to an appropriate agency to assist with non-disability related problems.
The Disability Law Center considers the following factors during the case selection process:
- The client must be eligible (an individual with a disability) and the problem area must be central to the disability;
- The degree to which the problem area has an immediate and/or significant impact on the persons life, health, or safety;
- The degree to which the client has the capacity to advocate for themselves;
- The agency has resources to provide adequate representation (financial, personnel, expertise);
- There exists a possibility of successful resolution;
- The availability of other appropriate referrals (private attorney, Alaska Legal Services Corporation);
- The extent to which the client lives in an area where no other services are available (rural, remote).
The level of services provided is based on the unique facts and circumstances of every client's situation.
Areas of Emphasis
The Goals, Priorities and Objectives describe activities that will occur in one or more Areas of Emphasis, previously known as Life Domains. The term ''Areas of Emphasis'' means the areas related to services available or offered to individuals in a community, including formal and informal community supports, that affect their quality of life. A description of the nine Areas of Emphasis follows:
Quality Assurance - Advocacy, capacity building, and systemic change activities that result in improved consumer and family-centered quality assurance and that result in systems of quality assurance and consumer protection that -
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(A) include monitoring of services, supports, and assistance provided to an individual with developmental disabilities that ensures that the individual-
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(i) will not experience abuse, neglect, sexual or financial exploitation, or violation of legal or human rights; and
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(ii) will not be subject to the inappropriate use of restraints or seclusion;
- (B) include training in leadership, self-advocacy, and self-determination for individuals with developmental disabilities, their families, and their guardians to ensure that those individuals-
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(i) will not experience abuse, neglect, sexual or financial exploitation, or violation of legal or human rights; and
- (ii) will not be subject to the inappropriate use of restraints or seclusion; or
- (C) include activities related to interagency coordination and systems integration that result in improved and enhanced services, supports, and other assistance that contribute to and protect the self-determination, independence, productivity, and integration and inclusion in all facets of community life, of individuals with developmental disabilities.
Education - Advocacy, capacity building, and systemic change activities that result in individuals with developmental disabilities being able to access appropriate supports and modifications when necessary, to maximize their educational potential, to benefit from lifelong educational activities, and to be integrated and included in all facets of student life.
Early Intervention -
Advocacy, capacity building, and systemic change activities provided to individuals described in paragraph (8)(B) and their families to enhance-
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(A) the development of the individuals to maximize their potential; and
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(B) the capacity of families to meet the special needs of the individuals
Child Care - Advocacy,
capacity building, and systemic change activities that result in
families of children with disabilities having access to and use of
child care services, including before-school, after-school, and
out-of-school services, in their communities.
Health - Advocacy, capacity
building, and systemic change activities that result in individuals
with developmental disabilities having access to and use of
coordinated health, dental, mental health, and other human and
social services, including prevention activities, in their
communities.
Employment - Advocacy,
capacity building, and systemic change activities that result in
individuals with developmental disabilities acquiring, retaining, or
advancing in paid employment, including supported employment or
self-employment, in integrated settings in a community.
Housing - Advocacy, capacity
building, and systemic change activities that result in individuals
with developmental disabilities having access to and use of housing
and housing supports and services in their communities, including
assistance related to renting, owning, or modifying an apartment or
home.
Transportation - Advocacy,
capacity building, and systemic change activities that result in
individuals with developmental disabilities having access to and use
of transportation.
Recreation - advocacy,
capacity building, and systemic change activities that result in
individuals with developmental disabilities having access to and use
of recreational, leisure, and social activities, in their
communities.
Based on input from a variety of
sources, including public comment, the following Goals, Priorities
and Objectives reflect the needs of Alaskans with disabilities in
relation to these Areas of emphasis.
Service Principles
- People with disabilities share with all citizens of the United States and its territories, basic human, legal, and civil rights.
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Advocacy resources and priorities address the human, legal, and civil rights of those individuals in the greatest jeopardy and with the greatest needs.
- The primary role of advocates is to establish, expand, protect and enforce the human, legal and civil rights of people with disabilities.
- The role of the advocate is to inform the client about options, to assist the client to express preferences, and to ensure these preferences are heard and vigorously pursued within the scope of the law.
- Advocacy efforts are sensitive and responsive to the unique needs of individuals from diverse ethnic, racial, and cultural backgrounds.
- The availability of advocacy services is advertised to potential clients, the location of services is physically accessible and the program possesses the resources necessary to communicate effectively with its clients.
- When a decision or meaningful choice cannot be or is not expressed by a client, or when consent is not available from or provided by a client or legally authorized substitute, advocates safeguard and advance the human, legal and civil rights of the person with a disability in a way that does not limit the client's options for choice.
- Advocates assist people with disabilities to speak for themselves regarding their personal, programmatic and service goals and desires.
PURPOSE, ELIGIBILITY AND GOALS
2004 Federal Fiscal Year
PAIMI Congressional Findings and
Statement of Purpose
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(a) The Congress finds that—
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(1) individuals with mental illness are vulnerable to abuse and serious injury;
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(2) family members of individuals with mental illness play a crucial role in being advocates for the
rights of individuals with mental illness where the individuals are
minors, the individuals are legally competent and choose to involve
the family members, and the individuals are legally incompetent and
the legal guardians, conservators, or other legal representatives
are members of the family;
- (3) individuals with mental illness
are subject to neglect, including lack of treatment, adequate
nutrition, clothing, health care, and adequate discharge planning;
and
- (4) State systems for monitoring
compliance with respect to the rights of individuals with mental
illness vary widely and are frequently inadequate.
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(b) The purposes of this chapter are—
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(1) to ensure that the rights of
individuals with mental illness are protected; and
- (2) to assist States to establish
and operate a protection and advocacy system for individuals with
mental illness which will—
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(A) protect and advocate the rights
of such individuals through activities to ensure the enforcement of
the Constitution and Federal and State statutes; and
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(B) investigate incidents of abuse
and neglect of individuals with mental illness if the incidents are
reported to the system or if there is probable cause to believe that
the incidents occurred.
PAIMI Program Eligibility Criteria
The term "individual with mental
illness" means an individual—
-- who has a significant mental
illness or emotional impairment, as determined by a mental health
professional qualified under the laws and regulations of the State;
and
- who is an inpatient or resident in a facility rendering care or treatment, even if the whereabouts of such inpatient or resident are unknown;
- who is in the process of being admitted to a facility rendering care or treatment, including persons being transported to such a facility; or;
- who is involuntarily confined in a municipal detention facility for reasons other than serving a sentence resulting from conviction for a criminal offense;
OR
- who has a significant mental illness or emotional impairment and lives in a community setting, including their own home.
PAIMI Program Goals
GOAL A: The Disability Law
Center of Alaska, through its PAIMI Program, Will Strive Toward
Eliminating Abuse, Neglect And Exploitation Of Individuals With
Mental Illness.
Area(s) of Emphasis: Quality
Assurance, Health
Priority 1:
Investigation/Prevention of Abuse and Neglect.
Whenever a report or complaint is
received alleging danger to the health and safety of a person with a
disability it becomes the agency’s number one priority. The
Protection and Advocacy system was originally established to
investigate and prevent abuse and neglect from occurring within
institutions. However, due to changes in law and public policy, more
people with disabilities are moving from institutions to live in the
community. Therefore, the Disability Law Center responds to
complaints of abuse and neglect wherever it may be occurring.
The term "abuse" means any act or failure to act by an employee of a
facility rendering care or treatment which was performed, or which
was failed to be performed, knowingly, recklessly, or intentionally,
and which caused, or may have caused, injury or death to a
individual with mental illness. Forced medication is considered a
form of abuse.
The term "neglect" means a
negligent act or omission by any individual responsible for
providing services in a facility rendering care or treatment which
caused or may have caused injury or death to a individual with
mental illness or which placed a individual with mental illness at
risk of injury or death, and includes an act or omission such as the
failure to establish or carry out an appropriate individual program
plan or treatment plan for a individual with mental illness, the
failure to provide adequate nutrition, clothing, or health care to a
individual with mental illness, or the failure to provide a safe
environment for an individual with mental illness, including the
failure to maintain adequate numbers of appropriately trained staff.
The term "facilities" may include,
but need not be limited to, hospitals, nursing homes, community
facilities for individuals with mental illness, board and care
homes, homeless shelters, and jails and prisons.
Objectives:
- To investigate reports of death or serious injury of individuals with mental illness, including reports from the Centers for Medicare and Medicaid Services of death in restraints;
- To collaborate investigation activities with other investigative agencies to ensure that the system responds quickly and appropriately to complaints of abuse and neglect;
- To monitor the use of seclusion and physical/chemical restraints in state and private facilities, including juvenile facilities, and investigate allegations of abuse and neglect related to seclusion and physical/chemical restraint;
- To monitor the use of seclusion and physical/chemical restraints in community settings, and investigate allegations of abuse and neglect related to seclusion and physical/chemical restraint;
- To provide representation to individuals who are subject to the inappropriate use of seclusion and physical/chemical restraints;
- To report to the Alaska Mental Health Board any inappropriate use of restraint, seclusion, excessive force and other punitive methods of controlling individuals with mental illness at state and private facilities.
Strategic/Resource Guidance:
If a complaint of abuse or neglect
is being, or should be, investigated by another agency, such as the
Office of the Long Term Care Ombudsman or Adult Protective Services,
DLC may delay its own investigation or make a referral to the
appropriate agency. DLC will, however, review all referred
investigations to ensure that the investigation is rigorous,
thorough and objective.
Complaints originating in
facilities with repeated complaints of abuse and neglect will be
prioritized.
If a complaint of abuse or neglect
is being investigated by the state Office of Children Services or
the local/state police, DLC will delay its own investigation pending
the outcome of that investigation.
Priority 2: Monitoring the
treatment of individuals with mental illness at state and private
facilities in Alaska.
In conjunction with efforts to
integrate individuals with mental illness back into the community,
it is also necessary to protect the rights of individuals
temporarily residing in state and private facilities, including the
Alaska Psychiatric Institute, Department of Correction facilities,
and Division of Juvenile Justice facilities. Those individuals have
a right to appropriate care and treatment, including discharge
planning, which is delivered in the most integrated setting
possible. This priority includes reviewing facilities’ polices and
monitoring practices that contribute to the criminalization of
mental illness.
Objectives:
- To investigate 15 complaints that medications are being inappropriately withheld from individuals with mental illness in Alaska correctional facilities;
- To maintain regular and personal contacts with patients of Alaska Psychiatric Institute (API) through weekly visits and, where necessary, advocate for a patient's right to appropriate treatment;
- To develop a programs to facilitate outreach and education to individuals with mental illness in juvenile facilities across the state, and juveniles in adult correctional facilities;
- To work with API staff to reduce and/or eliminate the filing of assault charges against patients for behaviors that are a manifestation of their mental illness;
- To collaborate with the staff at all adult and juvenile facilities, the Alaska Division of Behavioral Health Services and Community Mental Health Centers to improve discharge planning and crisis interventions.
- To examine and report on whether the involuntary commitment and forced medication processes ensure that individuals with mental illness are receiving adequate representation and due process.
Strategic/Resource Guidance:
Individuals with a complaint
relating to the withholding of medication will be directed, in most
cases, to first pursue redress through the correctional facilities’
internal procedures.
GOAL B: The Disability Law
Center of Alaska, through its PAIMI Program, Will Outreach And
Advocacy Services To The Homeless Who Have A Mental Illness In
Communities Across The State.
Area(s) of Emphasis: Health,
Housing, Quality Assurance, Employment
Priority 1: Increase outreach
to the homeless
Reducing the proportion of homeless
adults who have serious mental illness (SMI) is one of the goals of
Healthy People 2010, a comprehensive, nationwide health promotion
and disease prevention agenda launched the Department of Health and
Human Services in 2000. The percentage of homeless with disabilities
is higher in Alaska (39%) than in the nation as a whole (25%). The
most prevalent disability among the homeless population is mental
illness (23%). The Disability Law Center will attempt to reduce the
proportion of homeless adults who have significant mental illness
and severe emotional disturbance.
In collaboration with other
interested agencies, such as Catholic Social Services (homeless
shelter operator), the Veterans Administration (veterans comprise
17% of the Alaska homeless population), and the Alaska Native
Justice Center (36% of the homeless are Alaska Natives), DLC will
provide outreach and services to homeless Alaskans. Advocacy
assistance to homeless individuals with mental illness will
encompass activities directed at obtaining and/or maintaining
housing, securing government benefits (SSI, Medicaid), and working
with individuals seeking employment accommodations.
Objectives:
- To conduct outreach/intake at the homeless shelter in Anchorage at least monthly with the Alaska Native Justice Center and other agencies to assist homeless individuals with mental illness, through referral or direct legal assistance, in accessing appropriate supports and services;
- To conduct outreach/intake at the Veterans Administration's Comprehensive Homeless Center weekly;
- To provide direct legal assistance to 25 individuals with mental illness who are homeless;
- To monitor the issuance and denial of Section 8 certificates to homeless individuals with mental illness;
- To monitor the policies and practices of homeless shelters relating to the exclusion of certain persons to ensure no disparate impact on individuals with mental illness
Strategic/Resource Guidance:
Monitoring efforts may focus on the
roles and responsibilities of case managers in assisting individuals
who are homeless obtain and maintain housing.
Priority 2. Advocate to
prevent homelessness
For people with mental illness,
maintaining decent, safe, affordable housing is often very
difficult. Many people with mental illness face discrimination in
the search for housing, which is exacerbated by the shortage of
low-income housing. Additionally, maintaining housing can be
difficult in the absence of appropriate accommodations. Even
emergency housing can be substandard and dangerous to the health and
safety of individuals with mental illness.
Objectives:
- To provide direct legal assistance to 10 individuals with mental illness who are at risk of eviction because of their disability;
- To increase the availability of housing by reviewing and, if necessary, advocating for changes to local zoning ordinances that discriminate against, or have a disparate impact on, individuals with mental illness;
- To address complaints of substandard housing conditions and exploitation at hotels/motels/boarding houses that are used by community mental health agencies to temporarily house homeless individuals with mental illness;
- To monitor the loss of Section 8 housing certificates by individuals who elect to participate in diversion programs, such as Anchorage's Mental Health Court.
Strategic Resource Guidance
Complaints of substandard conditions in temporary housing may be referred to other appropriate
agencies, such as the fire department or any relevant licensing
entity.
Goal C: The Disability Law
Center of Alaska, through its PAIMI Program, Will Facilitate The
Community Integration Of Individuals With Mental Illness By
Protecting Their Rights To Receive Appropriate Supports And Services
In The Most Integrated Setting
Area(s) of Emphasis: Housing,
Quality Assurance, Employment
Priority 1. Advocate on
behalf of people with mental disabilities who face barriers to
community integration efforts.
Under state and federal laws
people with disabilities have the right to live in integrated
settings in their local communities with the appropriate supports
and services. However, many individuals with mental illness who are
in both large and small facilities encounter barriers that make it
difficult or prevent them from living in an integrated setting.
Examples of such barriers include rules and policies that have a
disparate impact on individuals with mental illness, the absence of
community-based services, and the diversion of scarce resources away
from community-based services.
Objectives:
- To advocate on behalf of 20 individuals with mental illness who have complaints of Fair Housing Act and other housing rights violations in Alaska's community living programs, such as assisted living homes, board and care, foster homes and public housing projects;
- To advocate for appropriate services and accommodations for 3 individuals with mental illness released from Department of Correction facilities to private transitional programs for prisoners to facilitate their integration back into the community;
- To monitor the effort by the State of Alaska and mental health providers to return children placed in out-of-state residential facilities;
- To monitor all applications for Certificates of Need to prevent the diversion of scarce resources from community-based programs and services;
- To monitor state efforts to develop and implement a comprehensive, effectively working plan for ensuring community-based services for individuals with disabilities in compliance with the Americans with Disabilities Act and the U.S. Supreme Court's decision in Olmstead;
- To collaborate with other interested agencies to assess the availability of mental health services to seniors living in the community.
Strategic/Resource Guidance:
If a complaint of Fair Housing
violation is being, or should be, investigated by another agency,
such as the Office of Housing and Urban Development or the Alaska
Housing Finance Corporation, DLC may delay its own investigation or
make a referral to the appropriate agency. DLC will, however, review
all referred investigations to ensure that the investigation is
rigorous, thorough and objective.
Priority 2. Advocate on
behalf of people with mental disabilities who face discrimination in
the community that jeopardizes their income, and therefore their
ability to remain in an integrated setting.
For any of us to remain in our
homes in the community, we require a steady source of income, be it
from employment or government benefits. For individuals with mental
illness, obtaining and/or maintaining employment is wrought with
hurdles, from the application process to subsequent job
accommodations. Individuals who have guardians or conservators or
representative payees managing their income often express concerns
over the management of their money and whether sufficient funds
remain in their accounts to pay the bills.
Objectives:
- To advocate on behalf of 5 individuals with mental illness who face discrimination in the hiring process, promotion process, termination where there was a failure to provide reasonable accommodations;
- To provide training and self-advocacy assistance to individuals with mental illness with respect to their rights when their income is managed by a conservator, guardian, or representative payee.
Strategic/Resource Guidance:
Assisting individuals with
employment related matters will not include court or administrative
representation (unless individuals qualifies for assistance under
PABSS), but rather self-advocacy assistance and training.
If a complaint of employment
discrimination is being, or should be, investigated by another
agency, such as the Anchorage Equal Rights Commission, the Alaska
State Commission on Human Rights, or the Equal Employment
Opportunity Commission, DLC may delay its own investigation or make
a referral to the appropriate agency. DLC will, however, review all
referred investigations to ensure that the investigation is
rigorous, thorough and objective.
GOAL D: The Disability Law
Center of Alaska, through its PAIMI Program, Will Ensure That
Individuals With Mental Illness Have Access To Government Benefits
Area(s) of Emphasis: Health, Housing
Priority 1: To increase
access to financial entitlements and appropriate medical benefits
for individuals with mental illness.
Access to basic individual and
community supports through government assistance programs is
necessary for people with disabilities before they can consider
independent living, continued education and employment. These
supports include Social Security programs, Alaska Public Assistance,
in-home support services, individualized support from state
government and private providers, Medicaid, Medicare, and managed
care among others. For children with disabilities, access to the
expanded scope of benefits under the federal Medicaid requirement of
EPSDT (Early and Periodic Screening Diagnosis and Treatment) means
the difference between being able to remain in the home and
institutionalization.
The complicated rules governing the
provision of benefits and the bureaucracies that administer these
public benefit programs are confusing. This confusion frequently
results in an unjust denial of benefits. In addition, cutbacks in
benefits at the state and federal level, as well as the elimination
of various consumer protections, will erode the ability of people
with disabilities to live independently.
Objectives:
- To assist 75 individuals
with mental illness to obtain and maintain SSI/SSDI and
related benefits, such as Medicaid and Adult Public
Assistance;
- To assist 5 individuals with
mental illness in obtaining and maintaining in-home support
services such as respite care, personal assistant services,
chore services, and assistive technology;
- To assist Alaska’s mental
health community in advocating for the development of Medicaid
waivers for individuals with significant mental illness and
severe emotional disturbance by examining similar waivers in
other states.
Strategic/Resource Guidance:
Assisting individuals with mental
illness obtain social security benefits does not encompass the
initial application process.
Assisting individuals with mental
illness maintain social security benefits does encompass the
provision of direct legal assistance for continuing disability
reviews.
Assisting individuals with mental
illness maintain social security benefits does encompass the
provision of direct legal assistance for overpayment issues unless
the individual demonstrates significant cognitive impairments or the
individual qualifies for assistance under the PABSS program.
PADD PROGRAM
PURPOSE, ELIGIBILITY AND GOALS
2004 Federal Fiscal Year
PADD Congressional Findings and
Statement of Purpose
Congress finds that-
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(1) disability is a natural part of
the human experience that does not diminish the right of individuals
with developmental disabilities to live independently, to exert
control and choice over their own lives, and to fully participate in
and contribute to their communities through full integration and
inclusion in the economic, political, social, cultural, and
educational mainstream of United States society;
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(2) in 1999, there were between
3,200,000 and 4,500,000 individuals with developmental disabilities
in the United States, and recent studies indicate that individuals
with developmental disabilities comprise between 1.2 and 1.65
percent of the United States population;
- (3) individuals whose disabilities
occur during their developmental period frequently have severe
disabilities that are likely to continue indefinitely;
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(4) individuals with developmental
disabilities often encounter discrimination in the provision of
critical services, such as services in the areas of emphasis (as
defined in section 102);
- (5) individuals with developmental
disabilities are at greater risk than the general population of
abuse, neglect,
financial and sexual exploitation, and the violation of their legal
and human rights;
- (6) a substantial portion of
individuals with developmental disabilities and their families do
not have access to appropriate support and services, including
access to assistive technology, from generic and specialized service
systems, and remain unserved or underserved;
- (7) individuals with developmental
disabilities often require lifelong community services,
individualized supports, and other forms of assistance, that are
most effective when provided in a coordinated manner;
- (8) there is a need to ensure that
services, supports, and other assistance are provided in a
culturally competent manner, that ensures that individuals from
racial and ethnic minority backgrounds are fully included in all
activities provided under this title;
- (9) family members, friends, and
members of the community can play an important role in enhancing the
lives of individuals with developmental disabilities, especially
when the family members, friends, and community members are provided
with the necessary community services, individualized supports, and
other forms of assistance;
- (10) current research indicates
that 88 percent of individuals with developmental disabilities live
with their families or in their own households;
- (11) many service delivery systems
and communities are not prepared to meet the impending needs of the
479,862 adults with developmental disabilities who are living at
home with parents who are 60 years old or older and who serve as the
primary caregivers of the adults;
- (12) in almost every State,
individuals with developmental disabilities are waiting for
appropriate services in their communities, in the areas of emphasis;
- (13) the public needs to be made
more aware of the capabilities and competencies of individuals with
developmental disabilities, particularly in cases in which the
individuals are provided with necessary services, supports, and
other assistance;
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(14) as increasing numbers of
individuals with developmental disabilities are living, learning,
working, and participating in all aspects of community life, there
is an increasing need for a well trained workforce that is able to
provide the services, supports, and other forms of direct assistance
required to enable the individuals to carry out those activities;
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(15) there needs to be greater
effort to recruit individuals from minority backgrounds into
professions serving individuals with developmental disabilities and
their families;
- (16) the goals of the Nation
properly include a goal of providing individuals with developmental
disabilities with the information, skills, opportunities, and
support to-
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(A) make informed choices and
decisions about their lives;
- (B) live in homes and communities
in which such individuals can exercise their full rights and
responsibilities as citizens;
- (C) pursue meaningful and
productive lives;
- (D) contribute to their families,
communities, and States, and the Nation;
- (E) have interdependent friendships
and relationships with other persons;
- (F) live free of abuse, neglect,
financial and sexual exploitation, and violations of their legal and
human rights; and
- (G) achieve full integration and
inclusion in society, in an individualized manner, consistent with
the unique strengths, resources, priorities, concerns, abilities,
and capabilities of each individual; and
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(17) as the Nation, States, and
communities maintain and expand community living options for
individuals with developmental disabilities, there is a need to
evaluate the access to those options by individuals with
developmental disabilities and the effects of those options on
individuals with developmental disabilities.
PURPOSE. -The purpose of
this title is to assure that individuals with developmental
disabilities and their families participate in the design of and
have access to needed community services, individualized supports,
and other forms of assistance that promote self-determination,
independence, productivity, and integration and inclusion in all
facets of community life, through culturally competent programs
authorized under this title, including specifically-
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(1) State Councils on Developmental
Disabilities in each State to engage in advocacy, capacity building,
and systemic change activities that-
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(A) are consistent with the purpose
described in this subsection and the policy described in subsection
(c); and
- (B) contribute to a coordinated,
consumer- and family-centered, consumer- and family-directed,
comprehensive system that includes needed community services,
individualized supports, and other forms of assistance that promote
self-determination for individuals with developmental disabilities
and their families;
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(2) protection and advocacy systems
in each State to protect the legal and human rights of individuals
with developmental disabilities;
- (3) University Centers for
Excellence in Developmental Disabilities Education, Research, and
Service-
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(A) to provide interdisciplinary
pre-service preparation and continuing education of students and
fellows, which may include the preparation and continuing education
of leadership, direct service, clinical, or other personnel to
strengthen and increase the capacity of States and communities to
achieve the purpose of this title;
- (B) to provide community services-
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(i) that provide training and
technical assistance for individuals with developmental
disabilities, their families, professionals, paraprofessionals,
policy-makers, students, and other members of the community; and
- (ii) that may provide services,
supports, and assistance for the persons described in clause (i)
through demonstration and model activities;
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(C) to conduct research, which may
include basic or applied research, evaluation, and the analysis of
public policy in areas that affect or could affect, either
positively or negatively, individuals with developmental
disabilities and their families; and
- (D) to disseminate information
related to activities undertaken to address the purpose of this
title, especially dissemination of information that demonstrates
that the network authorized under this subtitle is a national and
international resource that includes specific substantive areas of
expertise that may be accessed and applied in diverse settings and
circumstances; and
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(4) funding for-
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(A) national initiatives to collect
necessary data on issues that are directly or indirectly relevant to
the lives of individuals with developmental disabilities;
- (B) technical assistance to
entities who engage in or intend to engage in activities consistent
with the purpose described in this subsection or the policy
described in sub-section (c); and
- (C) other nationally significant
activities.
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(c) POLICY. -It is the policy of
the United States that all pro-grams, projects, and activities
receiving assistance under this title shall be carried out in a
manner consistent with the principles that-
- (1) individuals with developmental
disabilities, including those with the most severe developmental
disabilities, are capable of self-determination, independence,
productivity, and integration and inclusion in all facets of
community life, but often require the provision of community
services, individualized supports, and other forms of assistance;
- (2) individuals with developmental
disabilities and their families have competencies, capabilities, and
personal goals that should be recognized, supported, and encouraged,
and any assistance to such individuals should be provided in an
individualized manner, consistent with the unique strengths,
resources, priorities, concerns, abilities, and capabilities of such
individuals;
- (3) individuals with developmental
disabilities and their families are the primary decisionmakers
regarding the services and supports such individuals and their
families receive, including regarding choosing where the individuals
live from available options, and play decisionmaking roles in
policies and programs that affect the lives of such individuals and
their families;
-
(4) services, supports, and other
assistance should be pro-vided in a manner that demonstrates respect
for individual dignity, personal preferences, and cultural
differences;
-
(5) specific efforts must be made
to ensure that individuals with developmental disabilities from
racial and ethnic minority backgrounds and their families enjoy
increased and meaningful opportunities to access and use community
services, individualized supports, and other forms of assistance
available to other individuals with developmental disabilities and
their families;
-
(6) recruitment efforts in
disciplines related to developmental disabilities relating to
pre-service training, community training, practice, administration,
and policymaking must focus on bringing larger numbers of racial and
ethnic minorities into the disciplines in order to provide
appropriate skills, knowledge, role models, and sufficient personnel
to address the growing needs of an increasingly diverse population;
- (7) with education and support,
communities can be accessible to and responsive to the needs of
individuals with developmental disabilities and their families and
are enriched by full and active participation in community
activities, and contributions, by individuals with developmental
disabilities and their families;
-
(8) individuals with developmental
disabilities have access to opportunities and the necessary support
to be included in community life, have interdependent relationships,
live in homes and communities, and make contributions to their
families, communities, and States, and the Nation;
-
(9) efforts undertaken to maintain
or expand community-based living options for individuals with
disabilities should be monitored in order to determine and report to
appropriate individuals and entities the extent of access by
individuals with developmental disabilities to those options and the
extent of compliance by entities providing those options with
quality assurance standards;
-
(10) families of children with
developmental disabilities need to have access to and use of safe
and appropriate child care and before-school and after-school
programs, in the most integrated settings, in order to enrich the
participation of the children in community life;
-
(11) individuals with developmental
disabilities need to have access to and use of public
transportation, in order to be independent and directly contribute
to and participate in all facets of community life; and
-
(12) individuals with developmental
disabilities need to have access to and use of recreational,
leisure, and social opportunities in the most integrated settings,
in order to enrich their participation in community life.
PADD Program Eligibility Criteria
GENERAL. -The term ''developmental
disability'' means a severe, chronic disability of an individual
that-
-
(i) is attributable to a mental or
physical impairment or combination of mental and physical
impairments;
- (ii) is manifested before the
individual attains age 22;
- (iii) is likely to continue
indefinitely;
-
(iv) results in substantial
functional limitations in 3 or more of the following areas of major
life activity
-
(I) Self-care
- (II) Receptive and expressive
language.
- (III) Learning.
- (IV) Mobility.
-
(V) Self-direction.
- (VI) Capacity for independent
living.
- (VII) Economic self-sufficiency;
and
-
(v) reflects the individual's need
for a combination and sequence of special, interdisciplinary, or
generic services, individualized supports, or other forms of
assistance that are of lifelong or extended duration and are
individually planned and coordinated.
(B) INFANTS AND YOUNG CHILDREN. -An
individual from birth to age 9, inclusive, who has a substantial
developmental delay or specific congenital or acquired condition,
may be considered to have a developmental disability without meeting
3 or more of the criteria described in clauses (i) through (v) of
subparagraph (A) if the individual, without services and supports,
has a high probability of meeting those criteria later in life.
PADD Program Goals
GOAL A: The Disability Law
Center of Alaska, through its PADD Program, Will Strive Toward
Eliminating Abuse, Neglect And Exploitation Of Individuals with
Developmental Disabilities.
Area(s) of Emphasis: Quality
Assurance, Health
Priority 1:
Investigation/Prevention of Abuse and Neglect.
Whenever a report or complaint is
received alleging danger to the health and safety of a person with a
disability it becomes the agency’s number one priority. The
Protection and Advocacy system was established to prevent abuse and
neglect from occurring within institutions, but because of changes
which have allowed more people with disabilities to live in the
community instead of facilities like large nursing homes, the
Disability Law Center responds to this priority wherever it may be
occurring.
The term "abuse" means any act or
failure to act by an employee of a facility rendering care or
treatment which was performed, or which was failed to be performed,
knowingly, recklessly, or intentionally, and which caused, or may
have caused, injury or death to an individual with a developmental
disability. Forced medication is considered a form of abuse.
The term "neglect" means a
negligent act or omission by any individual responsible for
providing services in a facility rendering care or treatment which
caused or may have caused injury or death to an individual with a
developmental disability or which placed a individual with a
developmental disability at risk of injury or death, and includes an
act or omission such as the failure to establish or carry out an
appropriate individual program plan or treatment plan for an
individual with a developmental disability, the failure to provide
adequate nutrition, clothing, or health care to a individual with a
developmental disability, or the failure to provide a safe
environment for an individual with a developmental disability,
including the failure to maintain adequate numbers of appropriately
trained staff.
The term "facilities" may include,
but need not be limited to, hospitals, nursing homes, community
facilities for individuals with developmental disabilities, board
and care homes, homeless shelters, and jails and prisons.
Objectives:
- To investigate reports of
death or serious injury of individuals with developmental
disabilities, including reports from the Centers for Medicare
and Medicaid Services of death in restraints;
- To collaborate investigation
activities with other investigative agencies to ensure that
the system responds quickly and appropriately to complaints of
abuse and neglect;
- To monitor the use of
seclusion and physical/chemical restraints in state and
private facilities, including juvenile facilities, and
investigate allegations of abuse and neglect related to
seclusion and physical/chemical restraint;
- To provide representation to
individuals who are subject to the inappropriate use of
seclusion and physical/chemical restraints;
- To report to the Governor’s
Council on Disabilities and Special Education any
inappropriate use of restraint, seclusion, excessive force and
other punitive methods of controlling individuals with
developmental disabilities at state and private facilities.
Strategic/Resource Guidance:
If a complaint of abuse or neglect
is being, or should be, investigated by another agency, such as the
Office of the Long Term Care Ombudsman or Adult Protective Services,
DLC may delay its own investigation or make a referral to the
appropriate agency. DLC will, however, review all referred
investigations to ensure that the investigation is rigorous,
thorough and objective.
Complaints originating in
facilities with repeated complaints of abuse and neglect will be
prioritized.
If a complaint of abuse or neglect
is being investigated by the state Office of Children Services or
the local/state police, DLC will delay its own investigation pending
the outcome of that investigation.
Priority 2: Monitoring the
treatment of individuals with developmental disabilities at state
and private facilities in Alaska.
In conjunction with efforts to
integrate individuals with developmental disabilities back into the
community, it is also necessary to protect the rights of individuals
temporarily residing in state and private facilities, such as
Department of Correction facilities, private prisoner transition
homes, and Division of Juvenile Justice facilities. Those
individuals have a right to appropriate care and treatment,
including discharge planning, which is delivered in the most
integrated setting possible. This priority includes reviewing
facilities’ polices and monitoring practices that have a disparate
impact on individuals with developmental disabilities.
Objectives:
- To investigate complaints
that reasonable accommodations are being inappropriately
withheld from individuals with developmental disabilities in
Alaska correctional facilities;
- To develop a program to
facilitate outreach and education to individuals with
developmental disabilities in juvenile facilities across the
state, and juveniles in adult correctional facilities;
- To collaborate with the
staff at all adult and juvenile facilities, the Alaska
Division of Senior and Disability Services and community
service providers to improve discharge planning and crisis
interventions.
Strategic/Resource Guidance:
Individuals with a complaint
relating to the failure to grant reasonable accommodations will be
directed, in most cases, to first pursue redress through the
correctional facilities’ internal procedures.
GOAL B: The Disability Law
Center of Alaska, through its PADD Program, Will Ensure That
Individuals with Developmental Disabilities Have Access To
Government Benefits
Area(s) of Emphasis: Health,
Housing
Priority 1: To increase
access to financial entitlements and appropriate medical benefits
for individuals with developmental disabilities.
Access to basic individual and
community supports through government assistance programs is
necessary for people with disabilities before they can consider
independent living, continued education and employment. These
supports include Social Security programs, Alaska Public Assistance,
in-home support services, individualized support from state
government and private providers, Medicaid, Medicare, and managed
care among others. For children with disabilities, access to the
expanded scope of benefits under the federal Medicaid requirement of
EPSDT (Early and Periodic Screening Diagnosis and Treatment) means
the difference between being able to remain in the home and
institutionalization.
The complicated and recently
revised rules governing the provision of benefits and the
bureaucracies that administer these public benefit programs are
confusing. This confusion frequently results in an unjust denial of
benefits. In addition, cutbacks in benefits at the state and federal
level, as well as the elimination of various consumer protections,
will erode the ability of people with disabilities to live
independently.
Objectives:
- To assist 20 individuals
with developmental disabilities to obtain and maintain SSI/SSDI
and related benefits, such as Medicaid and Adult Public
Assistance;
- To assist 20 individuals
with developmental disabilities in obtaining and maintaining
in-home support services such as respite care, personal
assistant services, chore services, and assistive technology;
- To assist Alaska’s
developmental disability community in advocating for a
reduction in the waitlist and the development of Medicaid
waivers for individuals with developmental disabilities that
increase an individuals control over the use of Medicaid funds
(consumer directed waivers).
Strategic/Resource Guidance:
Assisting individuals with
developmental disabilities obtain social security benefits does not
encompass the initial application process.
Assisting individuals with
developmental disabilities maintain social security benefits does
encompass the provision of direct legal assistance for continuing
disability reviews.
Assisting individuals with
developmental disabilities maintain social security benefits does
encompass the provision of direct legal assistance for overpayment
issues unless the individual demonstrates significant cognitive
impairments or the individual qualifies for assistance under the
PABSS program.
GOAL C: The Disability Law
Center of Alaska, Through its PADD Program, Will Ensure That
Individuals with Developmental Disabilities Are Educated in the
Least Restrictive Environment
Area(s) of Emphasis: Education,
Early Intervention
Priority 1: Promote access to
appropriate education for students with disabilities in situations
where Least Restrictive Environment or Discipline is at issue
Under state and federal law,
students with disabilities have the right to be educated in
integrated settings and to participate meaningfully in academic and
non-academic activities with non-disabled children. Lack of
information about special education laws is just one of many
barriers preventing Alaskans with disabilities from benefiting from
their special education programs. The Disability Law Center assists
parents in obtaining a free appropriate public education (FAPE) for
their children with disabilities in the least restrictive
environment. To that end, we have prioritized the following to
address the most immediate and significant barriers. Through these
specific priorities we aim to increase equal and meaningful
educational opportunities for students with disabilities.
Objectives:
- To advocate on behalf of 20
students with developmental disabilities who are subject to
suspension, expulsion, limited-day programs and arbitrary
transfers resulting in their exclusion from regular schools,
as a substitute for adequate and appropriate educational
programs;
- To monitor State and
district implementation of the High School Graduation
Qualifying Exam and the Benchmark exams for compliance with
federal and state laws, such as the Individuals with
Disabilities Education Act and Section 504;
- To monitor the State
Department of Education’s periodic reviews of local districts
for compliance with federal and state laws, such as the
Individuals with Disabilities Education Act and Section 504,
monitor compliance with an required corrective action, and
report systemic issues to the Governor’s Council on
Disabilities and Special Education and other appropriate
administrative agencies;
- To develop a program for
conducting outreach to youth in adult correctional facilities
to ensure the delivery of special education services;
- To monitor the state’s
investigations of abuse and neglect of children in school
settings.
Strategic/Resource Guidance:
Students with developmental
disabilities who are receiving no special education services will be
prioritized over students receiving services, although those
services may be inadequate.
Staff will not be available to
attend IEP meetings unless staff attendance is likely to facilitate
placement in the least restrictive environment.
Special education trainings will be
limited to pre-arranged conferences that attract a sufficient number
of individuals to warrant the commitment of agency resources.
GOAL D: The Disability Law Center of Alaska, through its PADD
Program, Will Facilitate The Community Integration Of Individuals
With Developmental disability By Protecting Their Rights To Receive
Appropriate Supports And Services In The Most Integrated Setting
Area(s) of Emphasis: Housing,
Quality Assurance, Employment, Transportation
Priority 1. Advocate on
behalf of people with developmental disabilities who face barriers
to community integration efforts.
Under state and federal laws people
with disabilities have the right to live in integrated settings in
their local communities with the appropriate supports and services.
However, many individuals with developmental disabilities who are in
both large and small facilities encounter barriers that make it
difficult or prevent them from living in an integrated setting.
Examples of such barriers include rules and policies that have a
disparate impact on individuals with developmental disabilities, the
absence of community-based services, and the diversion of scarce
resources away from community-based services.
Objectives:
- To advocate on behalf of 10
individuals with developmental disabilities who have
complaints of Fair Housing Act and other housing rights
violations in Alaska’s community living programs, such as
assisted living homes, board and care, foster homes and public
housing projects;
- To advocate for appropriate
services and accommodations for 3 individuals with
developmental disabilities released from Department of
Correction facilities to private transitional programs for
prisoners to facilitate their integration back into the
community;
- To monitor all applications
for Certificates of Need for the establishment of additional
nursing home beds to prevent the diversion of scarce resources
from community-based programs and services;
- To advocate on behalf of 5
children who have been illegally excluded from child care
programs;
- To monitor state efforts to
develop and implement a comprehensive, effectively working
plan for ensuring community-based services for individuals
with disabilities in compliance with the Americans with
Disabilities Act and the U.S. Supreme Court’s decision in
Olmstead;
Strategic/Resource Guidance:
If a complaint of Fair Housing
violation is being, or should be, investigated by another agency,
such as the Office of Housing and Urban Development or the Alaska
Housing Finance Corporation, DLC may delay its own investigation or
make a referral to the appropriate agency. DLC will, however, review
all referred investigations to ensure that the investigation is
rigorous, thorough and objective.
Priority 2. Advocate on
behalf of people with developmental disabilities who face
discrimination in the community that jeopardizes their income, and
therefore their ability to remain in an integrated setting.
For any of us to remain in our
homes in the community, we require a steady source of income, be it
from employment or government benefits. For individuals with
developmental disabilities, obtaining and/or maintaining employment
is wrought with hurdles, from the application process to subsequent
job accommodations. Individuals who have guardians or conservators
or representative payees managing their income often express
concerns over the management of their money and whether sufficient
funds remain in their accounts to pay the bills.
Objectives:
- To advocate on behalf of 5
individuals with developmental disabilities who face
discrimination in the hiring process, promotion process,
termination where there was a failure to provide reasonable
accommodations;
- To advocate on behalf of 5
individuals who unable to participate in employment or in
their communities because of a lack of accessible
transportation;
- To provide training and
self-advocacy assistance to individuals with developmental
disabilities with respect to their rights when their income is
managed by a conservator, guardian, or representative payee.
Strategic/Resource Guidance:
Assisting individuals with
employment related matters will not include court or administrative
representation (unless individuals qualifies for assistance under
PABSS), but rather self-advocacy assistance and training.
If a complaint of employment
discrimination is being, or should be, investigated by another
agency, such as the Anchorage Equal Rights Commission, the Alaska
State Commission on Human Rights, or the Equal Employment
Opportunity Commission, DLC may delay its own investigation or make
a referral to the appropriate agency. DLC will, however, review all
referred investigations to ensure that the investigation is
rigorous, thorough and objective.
PAIR PROGRAM
PURPOSE, ELIGIBILITY AND GOALS
2004 Federal Fiscal Year
PAIR Congressional Findings and
Statement of Purpose
The purpose of this section is to
support a system in each State to protect the legal and human rights
of individuals with disabilities who—
-
(A) need services that are beyond
the scope of services authorized to be provided by the client
assistance program under section 732 of this title; and
-
(B)(i) are ineligible for
protection and advocacy programs under subtitle C of the
Developmental Disabilities Assistance and Bill of Rights Act of 2000
[42 U.S.C.A. §§ 15041 et seq.] because the individuals do not have a
developmental disability, as defined in section 102 of such Act (42
U.S.C. 6002) [FN1]; and
- (ii) are ineligible for services
under the Protection and Advocacy for Mentally Ill Individuals Act
of 1986 (42 U.S.C. 10801 et seq.) because the individuals are not
individuals with disability, as defined in section 102 of such Act
(42 U.S.C. 10802).
- (2) Construction
This section shall not be construed to require the provision of
protection and advocacy services that can be provided under the
Assistive Technology Act of 1988.
PAIR Program Eligibility Criteria
Eligible individual with a
disability means an individual who
-
1. needs protection and advocacy
services that are beyond the scope of services authorized to be
provided by the Client Assistance Project (CAP) under section 112 of
the Rehabilitation Act; and
-
2. is ineligible for Protection and
Advocacy programs under PADD or PAIMI.
PAIR Program Goals
GOAL A: The Disability Law
Center of Alaska, through its PAIR Program, Will Strive Toward
Eliminating Abuse, Neglect And Exploitation Of Persons With
Disability.
Priority 1:
Investigation/Prevention of Abuse and Neglect.
Whenever a report or complaint is
received alleging danger to the health and safety of a person with a
disability it becomes the agency’s number one priority. The
Protection and Advocacy system was established to prevent abuse and
neglect from occurring within institutions, but because of changes
which have allowed more people with disabilities to live in the
community instead of facilities like large nursing homes, the
Disability Law Center responds to this priority wherever it may be
occurring.
The term "abuse" means any act or
failure to act by an employee of a facility rendering care or
treatment which was performed, or which was failed to be performed,
knowingly, recklessly, or intentionally, and which caused, or may
have caused, injury or death to a individual with disability. Forced
medication is considered a form of abuse.
The term "neglect" means a
negligent act or omission by any individual responsible for
providing services in a facility rendering care or treatment which
caused or may have caused injury or death to a individual with
disability or which placed a individual with disability at risk of
injury or death, and includes an act or omission such as the failure
to establish or carry out an appropriate individual program plan or
treatment plan for a individual with disability, the failure to
provide adequate nutrition, clothing, or health care to a individual
with disability, or the failure to provide a safe environment for an
individual with disability, including the failure to maintain
adequate numbers of appropriately trained staff.
The term "facilities" may include,
but need not be limited to, hospitals, nursing homes, community
facilities for individuals with disability, board and care homes,
homeless shelters, and jails and prisons.
Objectives:
- To investigate reports of
death or serious injury of individuals with disability,
including reports from the Centers for Medicare and Medicaid
Services of death in restraints;
- To collaborate investigation
activities with other interested agencies to ensure that the
system responds quickly and appropriately to complaints of
abuse and neglect;
- To monitor the use of
seclusion and restraints in state and private mental health
facilities, including juvenile facilities, and investigate
allegations of abuse and neglect related to seclusion and
restraint;
- To provide representation to
individuals who are subject to the inappropriate use of
seclusion and physical/chemical restraints;
Strategic/Resource Guidance:
If a complaint of abuse or neglect
is being investigated by another agency, such as the Office of the
Long Term Care Ombudsman or Adult Protective Services, DLC may opt
to postpone its own investigation and instead take steps to ensure
that the agency investigation is rigorous, thorough and objective.
Complaints originating in
facilities with repeated complaints of abuse and neglect will be
prioritized.
If a complaint of abuse or neglect
is being investigated by the state Office of Children Services or
the local/state police, DLC will delay its own investigation pending
the outcome of that investigation.
Priority 2: Monitoring the
treatment of individuals with disabilities at state and private
facilities in Alaska.
In conjunction with efforts to
integrate individuals with disabilities back into the community, it
is also necessary to protect the rights of individuals temporarily
residing in state and private facilities, such as Department of
Correction facilities and private prisoner transition homes. Those
individuals have a right to appropriate care and treatment that is
delivered in the most integrated setting possible. This would
include reviewing facilities’ polices and practices that have a
disparate impact on individuals with a disability.
Objectives:
- To investigate complaints
that medications and/or reasonable accommodations are being
inappropriately withheld from inmates of correctional
facilities across the state;
- To monitor the diversion and
transition programs to ensure the absence of discrimination.
Strategic/Resource Guidance:
Individuals with a complaint
relating to the failure to provide medications and/or grant
reasonable accommodations will be directed, in most cases, to first
pursue redress through the correctional facilities’ internal
procedures.
GOAL B: The Disability Law
Center of Alaska, through its PAIR Program, Will Ensure That
Individuals With Disability Have Access To Government Benefits
Priority 1: To increase
access to financial entitlements and appropriate medical benefits
for individuals with disability.
Access to basic individual and
community supports through government assistance programs is
necessary for people with disabilities before they can consider
independent living, continued education and employment. These
supports include Social Security programs, Alaska Public Assistance,
in-home support services, individualized support from state
government and private providers, Medicaid, Medicare, and managed
care among others.
The complicated rules governing the
provision of benefits and the bureaucracies that administer these
public benefit programs are confusing. This confusion frequently
results in an unjust denial of benefits. In addition, cutbacks in
benefits at the state and federal level, as well as the elimination
of various consumer protections, will erode the ability of people
with disabilities to live independently.
Objectives:
- Assist 100 people with
disabilities to obtain and maintain SSI/SSDI and related
benefits such as Medicaid and Adult Public Assistance;
- To assist 40 individuals
with disabilities in obtaining and maintaining in-home support
services such as respite care, personal assistant services,
chore services, and assistive technology;
Strategic/Resource Guidance:
Assisting individuals with
disabilities obtain social security benefits does not encompass the
initial application process.
Assisting individuals with
disabilities maintain social security benefits does encompass the
provision of direct legal assistance for continuing disability
reviews.
Assisting individuals with
disabilities maintain social security benefits does encompass the
provision of direct legal assistance for overpayment issues unless
the individual demonstrates significant cognitive impairments or the
individual qualifies for assistance under the PABSS program.
GOAL C: The Disability Law
Center of Alaska, through its PAIR Program, Will Promote
Self-Determination And Integration Of Persons With Disabilities In
The Community Through Their Residency, Work, Recreation, Education
And Participation In The Life Of The Community.
Area(s) of Emphasis: Employment,
Housing, Transportation, Recreation,
Priority 1: Enforcement of
Civil Rights Statutes such as: The Americans with Disabilities Act
(ADA) and Section 504 of the Rehabilitation Act
Alaskans with disabilities are
capable of, and entitled to, self-determination, independence,
employment, recreation and inclusion in all facets of community
life. Unfortunately, barriers to full inclusion persist. For
example, buildings housing government, medical, commercial and, in
some cases, social services are inaccessible to individuals with
mobility impairments despite the passage of the Americans with
Disabilities Act (ADA) over ten years ago. Barriers to employment,
transportation, public accommodations, public services, and
telecommunications have imposed staggering economic and social costs
on Alaska and have undermined well-intentioned efforts to educate,
rehabilitate, and employ individuals with disabilities.
Discriminatory barriers can involve outright intentional exclusion,
the discriminatory effects of architectural and transportation
barriers, overly restrictive rules and policies, failure to make
modifications, exclusionary qualification, standards and criteria,
segregation and relegation to lesser services, programs, activities,
benefits or other opportunities. Breaking down these barriers,
through the enforcement of laws such as the ADA, will enable society
to benefit from the skills and talents of individuals with
disabilities, will lead to fuller, more productive lives for all
Alaskans.
Objectives:
- To advocate for the removal
of architectural barriers, including parking deficiencies,
from 10 buildings in which are located government, medical,
commercial or social services;
- To advocate on behalf of 5
individuals with service/companion animals who have been
effectively denied rights/services because of the
service/companion animal;
- To advocate on behalf of 10
individuals who have been effectively denied medical, legal,
or community services due to the failure to obtain interpreter
services;
- To advocate on behalf of 10
individuals with disabilities who have complaints of Fair
Housing Act and other housing rights violations in Alaska’s
community living programs, such as assisted living homes,
board and care, foster homes and public housing projects;
- To advocate on behalf of 5
individuals with disabilities who face discrimination in the
hiring process, promotion process, termination where there was
a failure to provide reasonable accommodations;
- To monitor efforts to bring
Anchorage’s private demand response system (taxi business)
into compliance with the Americans with Disabilities Act;
- To commence an inventory of
state recreational facilities to ascertain the accessibility
for persons with disabilities;
- To monitor proposed
reductions in service to Anchorage’s paratransit system.
Strategic/Resource Guidance:
This priority does not include
Title I of the ADA.
If a complaint of employment
discrimination is being, or should be, investigated by another
agency, such as the Anchorage Equal Rights Commission, the Alaska
State Commission on Human Rights, or the Equal Employment
Opportunity Commission, DLC may delay its own investigation or make
a referral to the appropriate agency. DLC will, however, review all
referred investigations to ensure that the investigation is
rigorous, thorough and objective.
If a complaint of Fair Housing
violation is being, or should be, investigated by another agency,
such as the Office of Housing and Urban Development or the Alaska
Housing Finance Corporation, DLC may delay its own investigation or
make a referral to the appropriate agency. DLC will, however, review
all referred investigations to ensure that the investigation is
rigorous, thorough and objective.
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