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WHAT'S PROTECTION AND ADVOCACY? (P
E N D
1. THE DISABILITY LEGAL ADVOCACY NETWORK Also Known As
The Protection and Advocacy System
David T. Hutt, National Disability Rights Network (NDRN)
Lillie Lowe-Reid, New Jersey Protection and Advocacy, Inc.
2.
WHAT�S PROTECTION AND ADVOCACY?(P&A)
A network of legally based advocacy available in every state and territory.
Collectively, the P&A agencies are the largest provider of legally based services to people with disabilities in the United States .
Each program is funded separately and has it�s own criteria for eligibility and services.
3. Principles of Protection & Advocacy Systems
4. Structure of Protection & Advocacy Systems
Governor�s Designation
Formula Grant
Continuum of Remedies
Authority
Priority Setting
Fiscal Accountability
Data Collection
Grievance Procedure
5. Governor�s Designation
Ongoing Nature
Re-designation for Good Cause Only
Not pursing mandates
Not aggressive advocates
5% Monitoring/Administrative
No Supplanting of State Funds
6. Formula Grant
Eight Programs
Different Formulas
Minimums
All Boats Rise Together
Benefits
Stability
Build Capacity
7. Continuum of Remedies Information and Referrals
Training Consumers � Professional
Self � Advocacy Skills
Counseling and Advice
Negotiation and Mediation
Administrative Action
Individual Litigation
Monitoring
Interaction with Policymakers
Class Action
Legislative Advocacy
8. Authority �Pursue legal, administrative& other appropriate remedies�
Range of Issues
Ranges of Remedies
Ability to Respond
Access Persons, Records, Facilities
9. Protection & Advocacy (P&A) Programs
PADD � Developmental Disabilities
CAP � Client Assistance Program
PAIMI � Individuals with Mental Illness
PAIR � Individual Rights
PAAT � Assistive Technology
PABSS � Beneficiaries of Social Security
PATBI � Traumatic Brain Injury
PAVA � Voting Accessibility
10. Limitations
CAP: No Class Action
No Physician-Assisted Suicide Cases
HAVA: No Litigation
11. Priority Setting
Consumer Involvement
How to Say NO
Flexibility
12. Fiscal Accountability
Applications
Federal Agency Oversight
A-133
Private Audits
OIG Oversight
Board Oversight
13. Grievance Procedure
Individual Grievance
Third-Party Grievance (PAIMI Only)
14. History of Disability Legal Advocacy Network 1975- Developmental Disabilities Assistance Act and Bill of Rights Act
1980 � National Association of Protection & Advocacy Systems, Inc. (NAPAS) formed
1981 � Dues collected
15. History of Disability Legal Advocacy Network 1994 � Native American P&A established
2005 � Changed name to NATIONAL DISABILITY RIGHTS NETWORK
2005 � Katrina Aid Today - $5.4 million
17. 17 PADD 1975 � Developmental Disabilities Assistance and Bill of Rights Act includes Protection & Advocacy
1977 � Planning grants to State ($20,000)
1978 � Protection & Advocacy agencies begin operations with State Designations
18. 18 PAIMI 1984 � Client Assistant Program (CAP) reauthorized as formula grant program
19. 19 CAP
20. 20 PAIR 1989 � Protection & Advocacy for Individuals Rights (PAIR) demos
1991 � PAIR program reauthorized to formula grant
1993 � PAIR trigger reached
21. 21 PAAT 1993 � Assistive Technology subcontracts
1998 � Protection & Advocacy for Assistive Technology (PAAT) funded
2004 � PAAT Reauthorized
22. 22 PABSS 1999 � Ticket To Work/Work Incentives Act (TTWWIA) passes
2001 � Protection & Advocacy for Beneficiaries of Social Security (PABSS) funded
23. 23 PATBI 2001 � Protection and Advocacy for Individuals with Traumatic Brain Injury (PATBI) Authorized
2002 � PATBI Competitive Grants - $1.5 million � 33 Awards
2003 � PATBI moves to formula
24. 24 PAVA 2003 � PAVA funded at $2 Million
2004 � PAVA funding raised to $5 Million
26. FY06 Primary Disability Data # of Served % of Served
Other Intellectual 995 1.33%
Heart and other circulatory cond. 1,082 1.45%
Muscular /Skeletal Impairments 1,223 1.64%
Other Emotional/Behavioral 1,522 2.04%
Blind / Visual Impairments 2,174 2.91%
Cerebral Palsy 2,233 2.99%
Other 2,319 3.10%
Hard of Hearing / Deaf 2,423 3.24%
Neurological Disorders 2,744 3.67%
Traumatic Brain Injury 3,006 4.02%
All Other Disabilities (< 1%) 3,448 4.61%
Autism 4,683 6.26%
Specific Learning Disabilities 6,186 8.27%
Mental Retardation 8,019 10.72%
Orthopedic Impairments 8,764 11.72%
Mental Illness 23,949 32.03%
27. Federal Government
28. Data Collection
Current Status:
Separate PPR forms by funding source
OMB approved:
PADD, PAIMI, PAIR, CAP, PAAT
Not approved:
PATBI, PABSS, PAVA
Future:
Universal Data Collection Objects and Definitions
29. PABSS Program Activities
Investigate Complaints and Provide Legal Consultation and Representation on:
Vocational Rehabilitation;
Employment Networks;
Employment Discrimination;
Transition services from school to work;
Post-Secondary education;
Supported employment;
30. Medicaid/Medicare services, including personal assistant services
31. Programs can be found at
www.ndrn/org/aboutus/PA_CAP.html
Questions??
David T. Hutt, Ph.D.
David.Hutt@ndrn.org
Cheryl Bates-Harris
900 2nd Street, NE, Suite 211
Washington, DC 20002
Cheryl.Bates-Harris@ndrn.org