Protection and Advocacy

Protection and Advocacy Presentation by: Delcie Gorum, Esq.

What is a P&A? In 1975, congress mandated that each state have a Protection and Advocacy (P&A) System to protect the rights and interests of persons with developmental or intellectual disabilities. This system eventually evolved into the modern P&A system which serves individuals with any type of disability. Disability Rights of WV is the designated agency for the state of WV.

Why did we need a P&A? • The P&A system was created after a series of television news broadcasts that Geraldo Rivera did in the mid-1970’s exposing the abuse, neglect, and lack of programming at Willowbrook, a New York state institution for people with disabilities (primarily those with developmental disabilities). • At that time, it was common for a child to be born with a disability, or show signs of a disability at a young age, and be immediately placed in an institution or “state school”. • It was believed at that time that people with disabilities couldn’t learn, or work, or live independently. • https://www.youtube.com/watch?v=lWDt5IE8RPI

Times were bad, but then what? • The P&A’s were created and for the first time, real oversight of institutions was started. • As time went by, the P&A power expanded to allow for greater protections. • In 1975, the PADD Act (Protection and Advocacy for Individuals with Developmental Disabilities) • 1984, the Client Assistance Program (CAP) was created. • 1986, Congress Signed the PAIMI Act for the Protection and Advocacy for Individuals with Mental Illness. • 1993, the PAIR Act (Protection and Advocacy for Individual Rights) was enacted. • 1994, the PAAT (Protection & Advocacy for Assistive Technology) program began. • 1999, PABSS (Protection & Advocacy for Beneficiaries of Social Security) established as part of the Ticket to work and Work Incentive Improvement Act. • 2000, PATBI (Protection & Advocacy for Traumatic Brain Injury) program was authorized. • 2002, PAVA (Protection & Advocacy for Voting Access) program was created. • 2018, PABRP (Protection & Advocacy for Beneficiaries with Representative Payees).

But what exactly does DRWV do? DRWV helps people with disabilities by: • giving information and providing referrals, • investigating abuse and neglect, • providing direct advocacy, • providing training on self-advocacy and rights, • supporting self-advocacy, • providing legal representation, and • engaging in systemic advocacy and litigation.

DRWV does NOT provide: • representation for family or *criminal law, • bankruptcy, • probate of an estate, • personal injury, • eligibility for Social Security benefits, • establishing guardianship, or • non-disability issues. *DRWV can provide technical assistance to attorneys regarding disability rights.

DRWV Programs: 4 disability driven programs: • PADD - Protection and Advocacy for Individuals with Developmental Disabilities • PAIMI - Protection and Advocacy for Individuals with Mental Illness • PATBI - Protection and Advocacy for Traumatic Brain Injury • PAIR - Protection and Advocacy for Individual Rights (assist individuals with disabilities who were not already eligible for other advocacy programs)

DRWV programs (continued): 5 Issue Driven programs: • PAAT - Protection and Advocacy for Assistive Technology (help individuals with disabilities obtain AT devices and services) • CAP - Client Assistance Program (help people who want to receive services from the WVDRS or a Center for Independent Living) • PABSS - Protection and Advocacy for Beneficiaries of Social Security (SSI/SSDI beneficiary who desires to work and has a barrier keeping him/her from working) • PAVA - Protection and Advocacy for the Help America Vote Act (providing education and advocacy related to voter rights, including accessing the polling place and registering to vote) • PABRP - Protection and Advocacy for Beneficiaries with Representative Payees (Carries out the mandate of the “Strengthening Protections for Social Security Beneficiaries Act 2018” which protects beneficiaries of SSI/SSDI who have representative payees)

Medley-Hartley Advocacy Program DRWV also has 1 state grant: Medley-Hartley Advocacy Program Medley Class Member Eligibility Criteria • Must have a diagnosis of Intellectual Disability, • Born on or after April 1, 1956, and • Been institutionalized prior to age 23 for 30 or more days at Sharpe (Weston State), Bateman (Huntington State), Lakin, Colin-Anderson Center (CAC), Greenbrier Center, Spencer, Hopemont. Hartley Eligibility Criteria • An individual with a developmental disability, • Is at risk of institutionalization, • Is over the age of 18, and • Is no longer enrolled in public school.

In a Nutshell: • DRWV uses the P&A grants, the ADA, the Fair Housing Act, and other relevant legal schemes to protect and advocate for the human and legal rights of person’s with disabilities.

Examples of DRWV Advocacy: • The Case of Ms. W: Right to Grieve. • Female, age 27, inmate at a state prison, TBI. • Contacted DRWV because facility was not following its own grievance policy. Specifically, it was not providing responses to grievances in a timely manner or marking them appropriately when responding. The problem was consistent even at the level of the commissioner’s office. • DRWV contacted the Department of Corrections’ attorneys regarding the problem. Educated them on the issue and its implications on not just the particular inmate’s case but across the entire system. • DRWV obtained an agreement from the Commissioner’s office to educate all staff on applicable timelines and to notify inmates when extra time is required to prepare an appropriate grievance response.

Examples: • The Case of Ms. B: Reasonable Accommodation • Female, age 50, TBI and vision deficits. • Requested a workplace accommodation – large screens, access to cane for gait stability. • Workplace denied accommodation request. • DRWV facilitated a meeting between Ms. B and the employer, explained ADA accommodations and employer responsibility. • Ms. B was granted her accommodations.

Examples: • Mr. Z’s capacity • Male, age 65, TBI, uses a wheelchair. • Mr. Z resided in a nursing home following a car accident with his daughter designated as his health care surrogate. Mr. Z wanted to return to the community. Daughter opposed him leaving the nursing home. Daughter had been appointed HCS at a time when client was not conscious and could not speak for himself. • DRWV reviewed Z’s medical records and requested that his capacity be reevaluated by the nursing home physician. Mr. Z was found to have capacity to make his own health care decisions and was able to transition back to the community.

Examples: • Restaurant Access: • DRWV advocates went out to lunch one day, and noted that a new restaurant lacked an accessible entrance and parking. Or rather, the entrance had been covered by outdoor patio seating right over the accessible spots. DRWV contacted the restaurant about the problem and provided them guidance on how to comply with the ADA and provide access to people with disabilities.

Examples: • The education of Susie: • Female, age 15, Autism • Susie had been out of school for an extended period of time with no education services. The County claimed they did not have to provide services because she exhibited maladaptive behaviors. DRWV brought a Due Process action against the county. The Hearing Officer found that Susie had been denied her right to a free and appropriate public education and directed the county to reinstate her in school and to provide appropriate education services.

Systemic Advocacy • DRWV is actively engaged in long-term monitoring of several facility and service types to ensure abuse, neglect, and rights violations aren’t occurring and to address these issues if we find they have occurred. • What types of facilities/services? • State and privately operated psychiatric hospitals • State operated prisons and jails • Nursing homes • Intermediate Care Facilities for people with Intellectual/Developmental Disabilities • We also monitor pending legislation/regulatory changes and provide education on the impact of the changes to the legislature or appropriate government body.

Resources: • DRWV has collected and created a wide array of resources for Self-Advocacy, many of which are located on our website. Examples include: • The Parent’s Advocacy Guide to Special Education • Tenants & Landlords: Rights and Responsibilities guide • Template letters for accommodations requests • And many, many more

But how does someone get help from DRWV? • Call us for an intake: • To receive services from DRWV you must: • 1. Be a person (or legal guardian of a person) with a disability • 2. Have a disability related issue • 3. Be a resident of WV • What if I just want information? • We can always provide information and referral. Even if you don’t have a disability. • What if I know someone with a disability who needs help? • You can have the person call us themselves, or provide our intake staff with their information and we can contact them. • In instances of abuse and neglect, we can accept reports and investigate as necessary.

Intake Process: • Step 1: Call, write, or email DRWV. Our administrative staff will then place you on a log to be contacted by an advocate. • Your call will be returned in the order it is received. • Step 2: An advocate calls you back and takes down your information. • Demographics and a summary of your issue. • Step 3: Your request is taken to our Intake Review Committee, who then decides what assistance we are able to provide. • Step 4: You receive a letter explaining what action DRWV can take. • You will either receive information/referral, or your case may be assigned to an advocate or attorney.

Questions?

For more information about DRWV and our programs or services: • Call toll free: 1-800-950-5250 • Website: https://www.drofwv.org/ • Email: contact@drofwv.org • Facebook: facebook.com/drofwv

Protection and Advocacy