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Protection & Advocacy Inc. Advancing the Rights of Californians with Disabilities |
LEGISLATION & PUBLIC 1029 J Street, Suite 150 |
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PAI Policy on Residential Services and Other
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BACKGROUNDOne of the three principles summarizing PAI's mission in its Three-Year Plan is that: PAI will further the development, availability and accessibility of services which increase the opportunities of persons with mental and developmental disabilities to live as fully and as independently as possible with the same opportunities and quality of life afforded to all citizens. The following principles outline some of the steps necessary for persons with disabilities to live safely in the residential setting of their choice. PRINCIPLES1. State and county mental health agencies must assure the availability of an array of stable, quality living arrangements for persons with mental disabilities. In order to achieve the most independent and productive lives possible, persons with mental disabilities need stable, quality living arrangements. State and county mental health agencies should assure that persons with mental disabilities have access to an array of living arrangements and that they are not "thrown" onto the streets without support and treatment, as has happened in the past. Services and supports, including service coordination, should be available for as long as necessary. 2. Persons with mental disabilities should live and receive services in the least restrictive setting appropriate to meet their needs and consistent with their choice. Services and supports should be directed toward achievement of the most independent, productive and normal life possible. Services and supports should be available throughout the state to prevent dislocation of persons with mental disabilities from their home communities. 3. Persons with mental disabilities should receive, on an ongoing basis, an individual, client-centered assessment in order to determine the most appropriate, least restrictive setting for providing services and supports. The assessment should determine the goals, capabilities, strengths, preferences, barriers, and concerns or problems of the person with mental disabilities. The assessment should reflect awareness of, and sensitivity to, the lifestyle and cultural background of the person with mental disabilities. The client should be an active participant in the assessment process. 4. The state and counties must increase the availability of quality, stable, normalized, integrated community living arrangements and develop creative ways of funding community based services and housing for people with mental disabilities. The Bronzan-McCorquodale Act, which governs
In order for persons with mental disabilities to live successfully in the community, resources in the community must be strengthened and enhanced. Counties must have the fiscal resources available to develop adequate community living arrangements. The state and the counties must devote as much time, resources and commitment to developing safe community housing and support services for persons with mental disabilities as they have spent in planning for managed care and the changing role of state hospitals. Government agencies and departments should explore all options for utilizing state, federal, county and other funding to develop safe community living treatment options for clients. For example, PAI's Policy on Future Use of State Hospital and Developmental Center Lands states that if state hospital lands are sold and/or leased, community facilities could be purchased by the state or counties for permanent, small residences or residential treatment facilities for persons with mental disabilities. 5. The mental health system must provide services in a nondiscriminatory manner in order to ensure that persons with mental disabilities do not remain unnecessarily institutionalized. The Americans with Disabilities Act (ADA) requires
that public services, including mental health services, be provided in
"the most integrated setting" appropriate to an individual's
need. [28 C.F.R. § 35.130(d).] The Title 7 of the Civil Rights Act requires public agencies to provide services in a manner which does not discriminate on the basis of race or ethnicity. In order to properly and adequately serve Californians using mental health services, it is imperative that these services be culturally competent. Although it is commendable to have special programs to serve certain cultural groups within state hospitals, a person with specialized language or cultural needs should not have to be institutionalized in order to receive culturally competent mental health services. Culturally competent mental health services should be offered throughout the state and county mental health system. 6. The mental health system must provide voluntary outreach services, including, but not limited to home visits by mental health professionals, peer counselors, rights advocates and other qualified providers, for purposes of meeting the diagnostic, treatment, education, employment, and quality of life needs of persons with mental disabilities living in the community. Such services must be provided in a manner that is culturally competent, and respectful of the rights of the person or persons with a disability. |
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Policy #1005.01 |
Adopted
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