Protection & Advocacy Inc. - Publications - About PAI - Advocacy Plan 2008-2012 - Implementing Rights, Addressing Wrongs, English

People with disabilities have the right to family, social, and intimate relationships. They are financially secure, can make life choices, and have opportunities for satisfying work, recreation, spiritual lives, and community service.

Our Mission Statement

Advance the rights of Californians with disabilities.

Introduction

Excluding people with disabilities from the mainstream of community life has been a civil rights issue in California and the rest of the country since at least the early 1970’s. Laws have been passed to advance, enhance, and protect those civil rights. But people with disabilities still face barriers such as prejudice, discrimination, and indifference. These barriers continue to limit the rights and opportunities of Californians with disabilities. This is unacceptable in the 21st century.

Over the next five years, we will continue to advocate with and for people with disabilities. We will work together to fight discrimination, promote autonomy and choice, end abuse and neglect, and increase access to programs and services that respect each client and his or her unique needs and culture.

Principles

Our work will be guided by the following principles:

Stop discrimination, end institutionalization, and increase community living choices

· Stop discrimination and work for equal opportunities

· End institutionalization and increase access to culturally appropriate and safe community living with supports chosen by the person with a disability

Eliminate abuse and neglect and improve quality of care

· Eliminate abuse and neglect

· Improve the quality of care and treatment in facilities and protect rights, while working towards the goal of returning to the community

Increase access to benefits, services, and health care

· Increase and maintain access to government benefits

· Increase and maintain access to public and private health programs

· Increase and maintain access to effective, client-centered, voluntary community mental health services

· Make sure that people with developmental disabilities receive Lanterman Act services based on their needs and choices

Increase access to education, housing, transportation, and employment

· Increase children’s and youth’s access to appropriate education services in the most integrated environment

· Increase the rights of people with disabilities to have work opportunities consistent with their interests, abilities, and needs

· Increase the rights of people with disabilities to housing they can use and afford

· Increase the availability of adequate, accessible transportation no matter where they live and remove transportation barriers

Make sure the autonomy, preferences, and choices of people with disabilities are respected

· Increase protections for the preferences, opinions, bodily integrity, and privacy rights of individuals with disabilities

· Promote the rights of people with disabilities to direct their own lives

· Expand services and protections for parents with disabilities

· Increase participation by people with disabilities on local and state policy-making bodies and boards

· Make sure that voting systems and processes are accessible and barrier free

Increase Culturally Competent and Geographically Accessible Services

· Make sure that systems value disability, diversity, culture, and each individual

· Make sure that there is equal provision of services in all geographic areas

Enforce Rights

· Make sure that there is access to courts, administrative agencies, and legal services so that individuals with disabilities can defend and enforce their rights

What We Do

1. Tell people with disabilities about their many legal, civil, and service rights,

2. Provide technical assistance, training, publications, and advocacy support for Californians with disabilities, their families, and representatives,

3. Advocate to make sure that laws benefit Californians with disabilities,

4. Investigate complaints about serious physical or sexual abuse and neglect-related deaths in institutions,

5. Outreach to traditionally underserved ethnic and disability communities,

6. Provide peer self-advocacy services for people with psychiatric or developmental disabilities,

7. Provide patients’ rights advocacy for state psychiatric hospital residents, and technical assistance and training for county advocates,

8. Provide rights advocacy for clients with developmental disabilities who are receiving services at regional centers,

9. Bring impact litigation and act as amicus curiae in disability- related cases, and

10. Represent individuals based on our priorities and case selection criteria.

Examples of Problems we Can Help With

We help people with disabilities to solve disability-related problems. If you have a disability and qualify for services, we can help you with problems like:

· Rights to basic support, personal care, therapy, and health care – like Supplemental Security Income (SSI), In-Home Supportive Services (IHSS)

· Discrimination in housing, transportation, employment, and access to public and private programs and services

· Abuse, neglect, and rights violations in an institution

· Least restrictive environment, dignity, privacy, choice, and other basic rights

· Special education rights

· Mental health and support services that provide individualized treatment

· Regional Center eligibility and services that promote independence – such as supported living and family supports

· Voting registration, vote casting, and accessible polling places

· Access to technology – like communication devices and power wheelchairs

If we can’t be of direct assistance, we refer people to other sources of help.

We also takes our services into the community, wherever children, youth, and adults with disabilities live or go to school or obtain services.

Whom We Help

We provide advocacy help for Californians with disabilities. You could be eligible for our services if:

· You have a developmental disability

· You are a regional center consumer

· You have a psychiatric disability or emotional impairment

· You are a patient in a state psychiatric hospital

· You have a physical, learning, or sensory disability

· You have a traumatic brain injury

· You need access to technology that you believe may help you live a fuller, more independent life

· You receive SSI or SSDI and need help with employment issues or keeping your benefits when you return to work

· You have questions about your right to vote

In deciding whether we can represent you directly, we will consider:

· The merits of your claim

· Your ability to advocate for yourself

· Other advocacy sources you could use

· Whether your problem falls within one of our priority areas

· Availability of our resources

If we decide that we can not help you and you disagree, you can file a grievance.

Each of our grants and contracts has specific service eligibility criteria. If you want a copy of these criteria, the complete case selection criteria, or a grievance form call (800) 776-5746.

How to Get Help

To ask for our services anywhere in California, call our toll free number:

1-800-776-5746 (Voice)

1-800-719-5798 (TTY)

You can also get help by contacting one of our regional legal offices:

Sacramento Regional Office

916-488-9950 (Voice)

1-800-719-5798 (TTY)

Bay Area Regional Office

510-267-1200 (Voice)

1-800-719-5798 (TTY)

Los Angeles Regional Office

213-427-8747 (Voice)

1-800-719-5798 (TTY)

San Diego Regional Office

619-239-7861 (Voice)

1-800-719-5798 (TTY)

If you are a regional center client, you may ask for help from the Office of Clients’ Rights Advocacy (OCRA).

Office of Clients’ Rights Advocacy

1-800-390-7032 (Voice)

916-575-1615 (Voice)

1-877-669-6023 (TTY)

If you are a patient at a state psychiatric hospital you may ask for help from the Office of Patients’ Rights (OPR).

Office of Patients’ Rights

916-575-1610 (Voice)

You may also access other advocacy services by contacting our Advocacy Unit.

Advocacy Unit

Legislation and Public Information Unit (LPIU)

916-497-0331 (Voice)

Communications/Media

510-267-1200 (Voice)

1-800-719-5798 (TTY)

Peer Self-Advocacy Units

916-488-7787 (Voice)

1-800-776-5746 (Voice)

916-488-7715 (TTY)

Collaborative Projects

916-488-7787 (Voice)

1-800-776-5746 (Voice)

916-488-7715 (TTY)

Strategic Goals

Diversity and Outreach Goals

Staff Diversity Goals

As a disability advocacy organization, we are committed to implementing the principles it advocates in its work place including employing people with disabilities, implementing model employment practices including reasonable accommodations and accessibility throughout the workplace, and involving people with disabilities in decision making at all levels of the organization. To demonstrate its commitment, our Board of Directors adopts the following time-limited goals to augment its merit-based selection and retention policies:

· The majority of staff employed by us should be individuals with disabilities.

· The staff of each office and unit should reflect the disability diversity of the communities they serve.

· People with disabilities should be employed at all levels of the organization including directors, managers, advocacy staff, administrative, and support staff.

California is the most ethnically diverse state in the nation. We are committed to ensuring that it is able to effectively serve individuals with disabilities from ethnic and language distinct communities. We are committed to employing people of color, including people of color with disabilities, and implementing model employment practices and involving people of color in decision making at all levels of the organization. To demonstrate our commitment, our Board of Directors adopts the following time-limited goals to augment its merit-based selection and retention policies:

· The staff of each office and unit should reflect the ethnic and language diversity of the communities they serve.

· People of color should be employed at all levels of the organization, including directors, managers, advocacy staff, administrative, and support staff.

· Increase the number of multilingual staff, particularly those who speak Spanish and Asian languages, based on the needs of the communities served by our offices and units.

We value diversity of life experiences and believe that employing individuals whose life experiences are similar to those of our clients will make its advocacy more effective. We seek out people with familiarity or contacts with homelessness, the criminal justice system, people with substance abuse issues, or the Lesbian Gay Bisexual Transgender, and Intersex (LGBTI) community.

To implement these time-limited goals, each office and unit will develop periodic, time-limited Diversity Plans.

Our staff are our most valuable resource and make sure that we are able to effectively serve Californians with disabilities. In order to make sure that we are able to recruit and retain a highly qualified, diverse workforce, we will strive to provide competitive salaries and benefits.

Board Diversity Goals

Our Board of Directors is committed to ensuring that the Board reflects the diversity of California. As a disability rights organization, at least a majority of the Board shall be comprised of people with disabilities and members with disabilities will have opportunities to participate in Board leadership positions. In addition, every effort shall be made to make sure that appointments reflect the socioeconomic, ethnic, geographic, and disability diversity of the State.

The Board will include public members on various Board committees as a way of ensuring diverse perspectives are heard. The Board will identify ways to include youth with disabilities in Board committee work.

Community Outreach Goals

We are committed to ensuring that its services are accessible to individuals with disabilities from ethnically and language distinct communities and that its services are provided in a disability and culturally competent manner.

To demonstrate its commitment, our Board of Directors adopts the following goals:

· Make sure that the provision of advocacy services reflects the language, and ethnic diversity of each office and unit service area.

· Target advocacy services to individuals from communities that are traditionally underserved by the office or unit. Underserved communities include: ethnic and language distinct communities, immigrant communities, rural and low-income communities, people who are homeless, individuals from the gay, lesbian, bisexual, transgender and intersex community, individuals from distinct disability communities, and children and youth in the foster care or juvenile justice systems.

To implement these goals each office and unit will develop periodic Outreach Plans.

Public Policy, Communication and Public Education Goals

Advance our Advocacy Principles by:

Public Policy Advocacy

· Developing an annual legislative platform

· Sponsoring or co-sponsoring select legislation or co-sponsoring initiatives

· Advocating on select bills, initiatives, and budget issues

· Strengthening and increasing the effectiveness of our coalition building activities with the disability rights movement and other civil rights, social justice, and legal services groups

· Participating in task forces, ad hoc committees, meetings, and coalitions

· Promoting our disability rights expertise to the community at large

Communication

· Promoting positive images of people with disabilities through communications strategies including the media and our website

· Ensuring that media and communications strategies are part of all aspects of our work including legislation, litigation, advocacy, and communications

· Strengthening our communication tools and strategies including our website and the use of other internet tools in order to tell others about our work and advance our work.

Public Education

· Informing and educating people with disabilities about our services by:

o Publishing an Annual Report

o Making information about us available in other languages

· Informing and educating people with disabilities about laws, policies and services that impact their rights by:

o Producing materials for people with disabilities and increasing the accessibility of those publications by writing at appropriate literacy levels, translating materials into languages other than English, and creating alternative formats

o Providing training and other education activities for people with disabilities, their families, their advocates, and organizations which target traditionally underserved communities

Goals to Expand, Enhance, and Improve the Effectiveness of our Services

· As resources become available, develop periodic plans which will enable us to:

o Expand our current legal advocacy, peer/self advocacy, clients’ rights and patients’ rights advocacy, and other advocacy services.

o Expand services to more remote and geographically underserved communities.

o Increase our ability to respond to emerging issues.

o Evaluate and enhance current methods of providing and administering our services.

Advocacy Principles, Priorities, and Goals

Advocacy Principles

Our advocacy will be zealous, dedicated, effective, creative, innovative, and daring.

We will take on issues of importance to the disability community even when the outcome is uncertain.

We will integrate a variety of advocacy approaches in all of our work, including self-advocacy, legal, non-legal, media, public policy, legislative, and investigatory.

We value diversity. Our staff should reflect the ethnic, language, and disability diversity, and demographic diversity of California: rural, age, sexual orientation, a range of different life experiences that reflect the disability community.

Our advocacy efforts will affirmatively address the needs of traditionally underserved and under-represented communities through partnership with such communities.

Our advocacy will be of high quality regardless of the type of service, the nature of the problem or who the client is. We will be honest, prepared, truthful, and informed.

All staff is expected to contribute and their contributions will be valued and respected.

When representing individuals:

· We will do what the client wants – not what we or others think is best,

· We are honest about our limitations, values, resources, and the likely outcome,

· The client chooses the outcome and the method of achieving the outcome and the client’s choices will be treated with respect, and

· The client actively participates in every stage of the process.

Advocacy Priorities

We have identified the following priority areas for the next five-year period:

Abuse and Neglect

Discrimination

Benefits

Education for Children and Youth

Lanterman Act

Mental Health

Peer and Self-Advocacy

Collaborative Projects

Patients’ Rights Advocacy

Clients’ Rights Advocacy

On the following pages is an issue statement and specific goals for each of these areas.

Advocacy Goals

Abuse and Neglect

People with disabilities are much more vulnerable to abuse and neglect than others. California does not have an accessible, comprehensive, coordinated system to report and respond to abuse and neglect. Preventing abuse and neglect will improve the quality of life for people with disabilities.

Goals

1. Reduce serious and life-threatening injuries caused by abuse and neglect in all facilities, including:

· Institutions,

· Hospitals,

· Skilled nursing facilities,

· Residential care facilities, and

· Jails, prisons, and other correctional facilities.

Improve how oversight agencies respond to reported abuse and neglect in these facilities.

2. Reduce serious and life-threatening injuries caused by abuse and neglect in community settings, including:

· Schools,

· Day programs and vocational training settings, and

· Community living arrangements.

Improve how oversight agencies respond to reported abuse and neglect in these settings

3. Eliminate the use of physical and chemical restraint, seclusion, other methods of containment, and aversives for people with disabilities.

4. Inform people with disabilities about their rights and give them the information and materials they need to advocate for themselves.

5. Monitor proposed state regulations about abuse and neglect, and identify those that impact people with disabilities. Comment on these proposed regulations as needed.

Benefits

Government assistance and health benefits, including assistive technology, provide the income support and services people with disabilities need to live independently in the community and have a good quality of life. But access to needed benefits is often difficult because of rules and procedures that are complicated and confusing, or because there is not enough funding. Because of this, many people with disabilities are unable to get the services they need and have the right to receive.

Goals

1. Preserve, increase, expand, and improve access to financial benefits, including:

· Supplemental Security Income (SSI),

· Social Security Disability benefits,

· Cash Assistance Program for Immigrants (CAPI), and

· Programs and services that maximize employment opportunities.

2. Preserve, increase, expand, and improve access to healthcare of good quality no matter where people live, including:

· Medi-Cal,

· California Children’s Services (CCS),

· Genetically Handicapped Persons Program (GHPP),

· Medicare,

· Private health plans, and

· Managed care plans.

3. Preserve, increase, expand, and improve access to programs in the community that provide the services and supports people with disabilities need to live, work, and participate fully in the community, including:

· In-Home Supportive Services (IHSS),

· Medi-Cal Personal Care Services,

· Medi-Cal/Medicaid, including Home and Community Based Services Waivers (HCBS), and

· Assistance Dog Allowance Program.

4. Make sure that people with disabilities are informed about their rights and have the information and materials they need to effectively advocate for themselves.

5. Monitor proposed state regulations about benefits, and identify those that impact people with disabilities. Comment on these proposed regulations as needed.

Discrimination

People with disabilities have the same human and civil rights as others. But Californians with disabilities still face many barriers to full and equal participation in society, including:

· Attitudes, stigma, and stereotypes

· Discrimination, harassment, and retaliation because of their disability and other protected categories

· Inadequate and inaccessible transportation

· Lack of affordable, accessible housing

· Barriers to a full range of employment and self-employment opportunities

· Inadequate training and supports necessary to enter and stay in the workforce

· Lack of access to supports needed to participate fully in the community

· Unnecessary segregation in institutions

· Lack of reasonable accommodations, including assistive technology

· Lack of education about their rights and how to enforce them

· Architectural and policy barriers

· Denials of rights to self-determination and choice

· Restrictions on parenting rights

· Barriers to voting and civic participation

Goals

1. End institutionalization by working to:

· Change the policies and practices that unnecessarily segregate people with disabilities, and

· Provide greater access and more options to live and participate in the community, and more information about these options.

2. Expand housing options for people with disabilities by working to:

· Advance their rights to get, use, and keep housing, and

· Keep and increase quality housing that is affordable and accessible

3. Fight discrimination and stereotypes about people with disabilities, and increase their rights and opportunities in the following areas:

· Access to public, private, and government programs and services, including transportation, higher education, restaurants, stores, and businesses,

· Employment of their choice, with or without supports, and

· Directing their own lives, including rights to privacy, making choices, parenting, and other personal autonomy rights.

4. Make sure voting systems and election processes are accessible and barrier free, and increase the numbers of people with disabilities who vote.

5. Make sure people with disabilities know their rights and have the materials and information they need to effectively advocate for themselves.

6. Monitor proposed state regulations about discrimination, and identify those that impact people with disabilities. Comment on these proposed regulations as needed.

Education for Children and Youth

Although children and youth with disabilities have the right to receive appropriate special education and supportive services in the least restrictive environment, it does not always happen. They still face many barriers to getting education services, including:

· Failure to assess and address their intellectual, functional, academic, vocational, physical, mental health, sensory, and behavioral needs

· Excluding children and youth from natural environments

· Failure to provide supports and services, including assistive technology

· Lack of compliance with processes required by law

· Lack of information so that parents can participate in meetings and make informed decisions about their child’s education

· Lack of local and state agencies’ compliance with the law

· Failure to include students in their own IEP meetings

Goals

1. Provide equal access to education and related services for children and youth with disabilities.

2. Make sure that educational processes required by law are followed.

3. Make sure that students are educated in the most integrated and least restrictive setting.

4. Make sure that students with disabilities and their families are informed about their rights and have the information and materials they need to effectively advocate for themselves.

5. Monitor proposed state regulations about education, and identify those that impact children and youth with disabilities. Comment on these proposed regulations as needed.

Lanterman Act

The Lanterman Act guarantees people with developmental disabilities the right to choose and receive the services and supports they need to be independent and productive in their community. But they still face many barriers to fully participating in society, including:

· They are segregated in living situations, day programs, work, and social and recreational activities

· They do not always have the information they need to make meaningful choices

· They do not get adequate services and supports, including assistive technology

· There are not enough innovative, integrated service alternatives

· Services in different regional center areas are not comparable, including cultural/ethnic groups and rural areas

· Service coordination is not always effective

· Residential programs and other service providers may deny their rights

· Services are often not culturally competent or individualized and each person’s needs are not heard

· Due process procedures are not adequate

· There is not enough money for quality services

· The quality assurance system does not measure outcomes

· Regional centers are not always well monitored by DDS

· Services and supports are often not culturally competent or individualized, and self-advocates are often not listened to

· Self-determination and choice, including the right to parent and develop and maintain relationships, are denied

Goals

1. Increase access to:

· Quality, culturally competent, inclusive community living options,

· Innovative, integrated work,

· Competitive employment,

· Adult education,

· Integrated social, volunteer, and recreational activities, and

· Self-directed services where people control their own budgets, select their service providers, and select and manage their own personal assistants.

2. Expand culturally competent supports and services for people with developmental disabilities who want to live as independently as possible with their families or other people they choose.

3. Help people with developmental disabilities and their families better understand, exercise, and enforce their rights under the Lanterman Act and other laws, including rights to: regional center eligibility and services, privacy, personal autonomy, decision-making, and parenting.

4. Make sure that regional centers, the Department of Developmental Services (DDS), and service providers meet their obligations under the Lanterman Act and do not violate individual rights.

5. Make sure that people with disabilities and their families are informed about their rights, and that they have the information and materials they need to effectively advocate for themselves.

6. Monitor proposed state regulations about the Lanterman Act and related laws, and identify those that impact people with developmental disabilities. Comment on these proposed regulations as needed.

Mental Health

Californians with mental health disabilities often face discrimination and stigma. There is not always timely access to the services, programs, and coordination they need to live in the community, including client and family- centered programs. Children and youth and people with multiple disabilities lack coordination of their services. Because of these problems, people with mental health disabilities often face unnecessary institutionalization. Once inside facilities, they are denied adequate mental health services, physical health care, work, education, social and recreational activities, choice, dignity, freedom, and respect. They may also be denied self-determination and choice in their lives, including the right to parent and to develop and maintain relationships.

Goals

1. Improve the quality of life for people with mental health disabilities in institutions, by protecting their rights and ensuring that they have effective, client-centered, culturally competent services that will help their transition into the community.

2. Help people with mental health disabilities direct their own lives and avoid institutionalization. This can be done by challenging laws, policies, and practices that violate civil and constitutional rights and lead to the unnecessary loss of freedom(s), or threaten their rights to privacy, making choices, parenting, and personal autonomy.

3. Make sure that people with mental health disabilities have prompt, unbiased access to voluntary, client-centered, culturally competent, community-based services and supports, including those through the Mental Health Services Act and those needed to keep children and youth at home or in the least restrictive placement possible.

4. Make sure that people with disabilities are informed about their rights and have the materials and information they need to effectively advocate for themselves.

5. Monitor proposed state regulations about mental health, and identify those that impact people with disabilities. Comment on these proposed regulations as needed.

Peer and Self-Advocacy

People with developmental, mental health, and other disabilities face systemic barriers, discrimination, and stigma. They are often not treated with respect. They may lack the resources, support, and education they need to address barriers and discrimination, and make choices that impact their lives, including:

· Culturally competent services and programs

· Health, mental health, and support services

· Public benefits

· Peer services

· Regional Center services

· Integrated education, employment, and housing

· Alternatives to homelessness

· Protection of rights

· Transportation

· Voting and civic participation

· Relationships and personal choice

· Support from peers and learning how to advocate for one’s self through education, training, and collaboration give people with disabilities powerful tools to break down these barriers and fight discrimination.

Peer and Self-Advocacy for People with Developmental Disabilities Goals

1. Provide effective peer/self-advocacy, support, education, outreach, and training to people with developmental disabilities to promote independence, empowerment, self-advocacy, and choice.

2. Work to transform systems and eliminate barriers, so the voices of people with developmental disabilities are heard, respected, and valued.

Peer and Self Advocacy for People with Psychiatric Disabilities Goals

1. Provide effective peer/self advocacy, support education, outreach and training to people with psychiatric disabilities in order to promote independence, empowerment, and choice.

2. Work to transform systems by eliminating barriers, so that the voices of people with psychiatric disabilities are respected and valued.

Collaborative Projects

Different groups of people with disabilities, including seniors with disabilities and people with developmental, psychiatric, physical and/or sensory disabilities have developed parallel advocacy efforts to address similar issues that impact their lives. As a result, these efforts may be less effective and disability groups may be in competition with one another.

Goals

1. Help people with disabilities develop advocacy projects that foster collaboration and eliminate stereotypes between different communities, and address issues that are important to all groups.

Patients’ Rights Advocacy

People with psychiatric disabilities are vulnerable to abuse and neglect. Their rights may be unreasonably and unlawfully denied. A patients’ rights advocacy system that is independent of the service providers will help eliminate abuse, neglect, and denial of rights and expand access to timely, appropriate, and culturally competent treatment and services.

Goals

1. Protect and enforce the rights of people in state hospitals.

2. Provide access to an effective patients’ rights complaint process by investigating and taking action to resolve state hospital residents’ complaints. Also take action to resolve abuse, unreasonable denial of rights, and punitive withholding of rights that cannot be resolved by the county patients’ rights advocates. Make sure the patients’ rights advocacy system is accessible to patients.

3. Support county patients’ rights advocates by providing information, training, and reviews of their programs.

Clients’ Rights Advocacy

People with developmental disabilities served by the 21 regional centers are vulnerable to abuse and neglect, and their rights are often not observed or protected. A clients’ rights advocacy system that is independent of the service providers will help eliminate abuse, neglect and denial of rights and expand access to the services and supports people with developmental disabilities need to live independent and productive lives.

Goals

1. Protect the rights of regional center consumers, and help people with developmental disabilities pursue administrative and legal remedies.

2. Investigate and resolve complaints of abuse, unreasonable denial of rights, and punitive withholding of rights guaranteed by the Lanterman Act to residents with disabilities in licensed health and community care facilities.

3. Provide information, referrals, and training for regional center consumers and their families.

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