OCRA gets new three-year contract

California’s Department of Developmental Services (DDS) has renewed its contract with the Office of Clients’ Rights Advocacy (OCRA) for three years. Renewal means that there will be no break in advocacy services for consumers at California’s 21 regional centers. PAI’s application went through DDS’s regular request for proposal process.

Services increased in second year

In OCRA’s second year of providing full advocacy services, staff handled 8,498 cases, compared to 7,476 for the first year. Most intakes — more than 2,000 in each area — were in special education and regional center issues. OCRA also had more than 500 requests for help with income maintenance, which includes Social Security, Supplemental Security Income (SSI) and conservatorship. Following are three examples of cases OCRA staff handled.

Judge orders more hours

DB was born with spinal muscular atrophy. He is quadriplegic and operates his power wheelchair with one hand. Aside from that, he depends on others for all his needs. DB’s family asked the Department of Health Services (DHS) for 60 hours a week of nursing services under the Early and Periodic Screening, Diagnosis and Treatment (EPSDT) program. EPSDT supplements Medi-Cal’s standard services for people age 21 or younger. DHS offered 40 hours.

Imm Ong, a clients’ rights advocate (CRA) at Alta California Regional Center, represented DB at a hearing. She argued that:

• The requested hours are medically necessary; and

• The Americans with Disabilities Act and the Olmstead decision say that DHS should modify its policies, practices or procedures to avoid discriminating on the basis of a disability.

The judge ruled for DB.

Alta hires nurse

In California, a licensed vocational nurse must have one year’s experience before providing home nursing services. The nurse may ask for a waiver of the one-year experience requirement. Alta agreed to help by hiring a nurse while DHS processed a waiver application. With Alta’s help, DB got the nursing services he needed.

District agrees to new aide, assessments

FG is 13 years old; he has a diagnosis of autism and Klipple-Feil Syndrome. He does not speak, but uses facilitated communication. A one-to-one aide helps him during the school day. FG has always had behavioral problems, but his aggressiveness increased during the school year.

• Use facilitated communication; and

• Work with teenagers who have autism.

One week before the hearing date, the district offered to provide everything Kanne had asked for.

Early Start transitions to improve

San Andreas Regional Center (SARC) denied LW, a 3-year-old girl, eligibility as she transitioned out of the Early Start program. Reports showed that LW had delays ranging from 29% to 76% in all areas of development, but SARC said she was not developmentally disabled.

SARC also did not provide assessments or adequate notice. LW’s mother never got a notice of action denying eligibility as required by law. She learned that her daughter was no longer eligible for regional center services through the school district. She called OCRA for help with filing a complaint.

Grace G. Muñoz, CRA, and Assistant CRA Anne Kuo filed a complaint against SARC under Section 4731 of the Welfare & Institutions Code. Their complaint charged that SARC:

• Deprived LW of procedural due process by not sending a notice of action; and

• Did not follow eligibility procedures that require assessment within 60 days.

As a result of the complaint, SARC:

• Agreed to train its staff on the proper way to review eligibility for children transitioning out of Early Start;

• Reassessed LW and found her eligible for regional center services under the category of autism.