Objectives/Priorities for Services Fiscal Year 2008

ARIZONA CENTER FOR DISABILITY LAW

Objectives/Priorities for Services

Fiscal Year 2008

The Arizona Center for Disability Law (Center) is a non-profit legal services organization designated by the Governor as the Protection and Advocacy (P &A) System for the State of Arizona.

The Center operates federally funded grant programs to protect and advocate for the legal rights of persons with disabilities. The terms of these grants only allow us to serve individuals who fit into specific federal eligibility categories. Demand for our services far exceeds available resources; therefore, we must plan activities in a strategic manner to most effectively utilize our limited resources.

In addition to the objectives and priorities listed below, the Center also utilizes the following criteria when deciding when and how to represent any individual.

Case Selection Criteria

1. The applicant must meet the program eligibility guidelines and the legal problems must fall within an objective and priority for services.

2. Services will be provided only to persons whose legal problems are related to their status as an individual with a disability, whose legal problems are susceptible to resolution by Center staff and whose claim has legal merit.

3. Services will generally only be provided to individuals whose problems cannot be solved by other individuals, agencies, attorneys or organizations.

4. Priority for outreach, training and representation will be given to individuals from under-served or unserved populations or geographic regions in an effort to ensure that more Arizonans with disabilities have the opportunity to access our programs and services.

5. Priority for direct legal representation will be given to individuals that present systemic issues or problems.

6. Even within priority areas, services will be contingent upon the availability of staff and resources.

OBJECTIVE #2: Increase access to comprehensive and appropriate mental health care services for adults and children with mental illness.

Description: Adults and children with mental illness are vulnerable populations with difficulty accessing mental health care services that allow them to be as independent as possible, maintain their mental health, and live life to its fullest. Additionally, individuals with mental illness have the right to mental health care treatment in the least restrictive environment. A goal for treatment should be to enable individuals to live and work in the community.

Priorities:

1. Pursue policy or system changes to address failures in the mental health system and coordinate with agencies to develop client‑based practices, including but not limited to case management, medication, crisis, behavioral health, community support and transportation services.

2. Provide advocacy and legal services to individuals to ensure discharge from inpatient settings to appropriate and adequate housing with appropriate and adequate supports with an emphasis on individuals currently residing in institutions or being discharged from psychiatric and detention facilities who have significant barriers to discharge into a community setting.

3. Provide advocacy and legal services to individuals to obtain and maintain appropriate mental health services in accordance with case selection criteria. Particular priority will be given to cases which present systemic issues or problems, due process and other civil rights violations. Priority will also be given to cases which concern individuals with a dual diagnosis (substance abuse or a developmental disability), cases which involve denials of vocational services or long term vocational support, cases which involve children at a high risk of entry into the foster care system or who are transitioning into the adult mental health system, and involving persons at risk of criminal justice involvement or who are within the detention or jail system.

4. Conduct outreach and training.

5. Monitor the existing class action cases for the provision of mental health services to adults and children, which includes pursuing legal remedies to address noncompliance with the existing orders when appropriate. Initiate class action cases where systemic issues not covered by the existing class actions are presented.

6. Provide technical assistance to other agencies advocating on behalf of individuals with mental illnesses, including regional Human Rights Committees.

7. Provide timely and accurate information and referral, technical assistance and short term assistance to individuals.

OBJECTIVE #3: Expand access to appropriate and high quality special education services for students with mental illness.

Description: The overwhelming majority of children with disabilities are capable of participating in a regular education environment with adaptations or modifications, provided that they receive quality educational programs to meet their individualized needs. Through this objective, the Center is attempting to ensure that children with mental illness truly benefit from special education and related services and have real opportunities for independence, productivity and inclusion.

Priorities:

1. Provide advocacy and legal services to children with mental illness who have received inadequate or inappropriate behavioral interventions leading to a denial of a free and appropriate public education.

2. Provide advocacy and legal services to children with disabilities who have been long-term suspended or expelled to receive a free appropriate public education.

3. Conduct training on the educational rights of children with mental illness.

4. Provide timely and accurate information and advice to families and students on special education issues and referral to appropriate advocacy resources.

5. Provide abuse and neglect advocacy and legal services to children with mental illness who reside in residential, detention and adult jail facilities.

OBJECTIVE #4: To promote equal employment opportunity in the workplace and to increase access to employment related services for people with mental illness.

Description: People with disabilities continue to face barriers to employment, including but not limited to physical obstacles in the workplace, communication barriers, discriminatory policies and procedures and attitudinal barriers based on stereotypes, misconceptions and fears. This objective addresses the discrimination caused by these barriers by providing advocacy and legal services in order to promote: (1) Non-discriminatory hiring procedures, (2) the provision of reasonable accommodations to employees and job applicants, (3) non-discriminatory policies and procedures, and (4) the prevention and redress of unlawful harassment, retaliation, intimidation and termination.

Priorities:

1. Provide legal advocacy services for the provision of effective and reasonable accommodations when necessary for people with mental illness in the hiring process, employment and receipt of benefits and privileges of employment, and advocating for employer policies that support an interactive accommodation process between the individuals with disabilities and employers.

2. Provide legal advocacy services to oppose hiring and recruitment procedures that do not create equal access for people with psychiatric disabilities and employment practices involving unlawful disability‑related inquiries and medical examinations.

3. Provide legal advocacy services to challenge withdrawal of job offers and employment termination of people with mental illness based on stereotype and ignorance about disabilities.

4.Provide information and referral and self-advocacy technical assistance to individuals and their guardians.

5. Provide training to individuals on their rights under federal and state law.

OBJECTIVE #5: Promote equal opportunity to housing under the Fair Housing Act (FHA) for people with mental illness. Bring about this awareness through trainings, dissemination of written information, information and referral services, and short term assistance.

Description: People with disabilities continue to face barriers to equal opportunity in housing. Housing providers discriminate against people with disabilities by failing to provide reasonable accommodations and physically accessible housing and by failing to reasonably modify discriminatory policies and practices. Housing providers also discriminate by including discriminatory terms and conditions in housing agreements. Municipalities discriminate against people with disabilities by continuing to enforce exclusionary zoning practices. This objective seeks to: address those discriminatory practices which decrease the amount of available housing for people with disabilities, and (2) ensure that these individuals and their housing providers are aware of the FHA.

Priorities:

1. Provide information and referral about disability rights protected by the FHA and how to enforce them.

2. Provide training about disability rights protected by the FHA and how to enforce them.

3. Provide short‑term assistance to consumers whose circumstances are likely to be resolved by informal advocacy by the Center.

OBJECTIVE #6: Provide support to the PAIMI Advisory Council

Description: The PAIMI Advisory Council is an important part of the mental health program at the Arizona Center for Disability Law. Center staff will support the Council through clerical and technical support so that the Council may carry out its function to provide independent advice and recommendations to the agency.

Priorities:

1. Provide support and technical assistance to ensure the Council is composed of the members necessary to comply with federal law.

2. Provide support to assist with the scheduling and documentation of regular Council meetings and related activities.

3. Provide support and technical assistance to ensure the Council is knowledgeable about the Center, the community and the needs of individuals with serious mental illness.

4. Provide support and technical assistance to ensure the Council is able to provide independent advice and recommendations to the agency about our annual PAIMI priorities.

5. Provide support and technical assistance so that the Council can timely complete its section of the annual Program Performance Report.

Protection and Advocacy for Persons with Developmental Disabilities - PADD

The Protection and Advocacy for Persons with Developmental Disabilities (PADD) program was created by the Developmental Disabilities Assistance and Bill of Rights Act of 1975. The Arizona Center for Disability Law (Center) is required by the Act to pursue legal, administrative and other appropriate remedies to protect and advocate for the rights of individuals with developmental disabilities under federal and state laws. The U.S. Department of Health and Human Services Administration on Developmental Disabilities administers the PADD program.

The following objectives and priorities will be followed by the Center in conducting our PADD activities in fiscal year 2008.

OBJECTIVE #1: Reduce the incidence of abuse and neglect of individuals with developmental disabilities by improving the quality of investigations of abuse and neglect conducted by agencies that serve individuals with developmental disabilities and by conducting investigations of abuse and neglect allegations.

Description: Individuals with developmental disabilities have a right to be free from abuse and neglect. The quality of the agency investigations into allegations of abuse and neglect has a direct impact on the incidence of abuse and neglect.

Priorities:

3. Publish a new self-advocacy guide on abuse and neglect in the DD system.

OBJECTIVE #2: Ensure access to comprehensive and appropriate healthcare services for individuals with disabilities who are beneficiaries of Medicaid and/or Medicare.

Description: For many individuals with disabilities who are beneficiaries of Medicaid and/or Medicare, access to appropriate healthcare services is often the key to living independently at home and in their communities. When seeking healthcare services, individuals with disabilities are often denied critical healthcare services that allow them to be as healthy and independent as possible.

Priorities:

1. Pursue systemic changes through litigation, issuing commentary on proposed administrative rules and policy changes and supporting legislative initiatives that increase access to medically necessary services for individuals with developmental disabilities.

2 Provide advocacy and legal services to challenge systemic denials of healthcare services by AHCCCS and/or its contractors which subject individuals with disabilities to health risks and potential loss of independence.

3. Conduct outreach activities to train individuals with disabilities and advocates in the various steps involved in accessing publicly funded health care services, including how to initiate requests for medically necessary services and how to challenge denials of requested services.

4. Provide timely and accurate information and advice to individuals and their guardians on AHCCCS and referral to appropriate resources.

OBJECTIVE #3: Expand access to appropriate and high quality special education services in the least restrictive environment for students with developmental disabilities.

Description: The overwhelming majority of children with disabilities are capable of participating in a regular education environment with adaptations or modifications, provided that they receive quality educational programs to meet their individualized needs. Through this objective, the Center is attempting to ensure that children with disabilities truly benefit from special education and related services and have real opportunities for independence, productivity and access to general curriculum.

Priorities:

1. Provide advocacy and legal services to challenge the actions of local educational agencies that result in a pervasive, ongoing, or systemic failure to provide appropriate related services for children with disabilities.

2. Provide advocacy and legal services to children with disabilities who have received inadequate or inappropriate behavioral interventions leading to a denial of a free appropriate public education.

3. Provide advocacy and legal services to pursue access to the general curriculum for children with disabilities who are seeking more inclusive educational settings with appropriate aids, supplementary services or assistive technology.

4. Provide advocacy and legal services to challenge the actions of local educational agencies in which there have been significant denials of procedural rights or substantive benefits regarding children with severe or multiple disabilities leading to the denial of a free appropriate public education such as lack of total progress, complete denial of services, or total absence of procedural rights.

5. Provide advocacy and legal services to students with disabilities of diverse racial and ethnic backgrounds to receive a free appropriate public education in the least restrictive environment based upon an accurate and comprehensive evaluation and classification process.

6. Provide advocacy and legal services to advocate for the use of peer-reviewed, scientifically based methodologies and best practices in the education of students with severe or multiple disabilities.

7. Conduct trainings on the educational rights of children with disabilities.

8. Provide timely and accurate information and advice to families and students on special education issues and referral to appropriate advocacy resources.

OBJECTIVE #4: To reduce the discriminatory barriers which prevent qualified people with developmental disabilities from being hired, obtaining reasonable accommodations and working in a workplace free of unlawful harassment, retaliation and intimidation.

Priorities:

1. Provide legal advocacy services to advocate for effective and reasonable accommodations when necessary for people with developmental disabilities to have an equal opportunity in the hiring process, to be able to perform their jobs, and to receive the benefits and privileges of employment and the implementation of employer lawful reasonable accommodation policies.

2. Provide legal advocacy services to oppose hiring and recruitment procedures that do not create an equal opportunity for people with developmental disabilities to apply, be considered for employment and to pass lawful employment entrance medical examinations.

3. Provide legal advocacy services to oppose unlawful disability harassment, retaliation or intimidation and employer policies and procedures that do not prevent disability‑related harassment and address it with effective corrective action.

4. Provide legal advocacy services to challenge unlawful withdrawal of job offers and job termination of people with disabilities based on stereotypes and myths about disabilities or fears about costs to employer-sponsored health insurance.

5. Provide information and training about employment rights protected under federal and state law.

6. Provide timely and accurate information and referral and advice to individuals.

OBJECTIVE #5: Promote equal opportunity to housing under the fair housing act for people with developmental disabilities. Bring about this awareness through trainings, dissemination of written information, information and referral services, short term and technical assistance, and litigation, where appropriate.

Priorities:

1. Provide information and training about rights protected by the FHA and how to enforce them.

2. Provide timely and accurate information and referral and advice to individuals about their rights under the FHA.

OBJECTIVE #6: Increase access by persons with developmental disabilities to services, programs, and facilities open to the public.

Description: Ensure that health care providers not refuse treatment on the basis of disability, health care providers provide auxiliary aids and services when needed for effective communication, and governmental entities and public accommodations remove physical barriers to accessibility and make reasonable modifications in policies to avoid discrimination.

Priorities:

1. Provide advocacy and legal services to challenge discrimination by health care providers who refuse to treat individuals based on their disability or refuse to provide auxiliary aids for individuals seeking treatment pursuant to case selection criteria.

2. Provide advocacy and legal services to challenge governmental policies that impede access for a large number of people with developmental disabilities to essential services or programs.

3. Litigate selected cases which present systemic issues and where litigation promises to be far‑reaching and have high‑impact.

4. Provide training to individuals on their rights under federal and state law.

5. Provide timely and accurate information and referral and advice to individuals.

OBJECTIVE #7: Collaboration with the ADD Network.

Description: The Arizona Center for Disability Law, the Governor’s Council on Developmental Disabilities, the Sonoran University Centers for Excellence in Developmental Disabilities and the Northern Arizona University Institute for Human Development are partner organizations that, together, form the Arizona Developmental Disabilities Network. The four organizations are authorized under the Developmental Disabilities Assistance and Bill of Rights Act (Public Law 106-402) and receive funding from the United States Department of Health and Human Services, Administration on Developmental Disabilities.

The Arizona Developmental Disabilities Network partners work collectively and collaboratively to foster the independence, advocacy and community integration of individuals with developmental disabilities.

Priorities:

1. Participate on the Advisory Councils for the Institute for Human Development, the Council for the Governor’s Council on Developmental Disabilities, the Sonoran UCEDD and the Developmental Disabilities Advisory Council.

2. Collaborate with the DD Network and the Arizona Disability Advocacy Coalition on public policy issues impacting children and adults with developmental disabilities.

3. Collaborate with the DD Network on outreach and public awareness activities.

4. Collaborate with the DD Network on a state-wide DD conference.

5. Serve as a regional coordinator of the Arizona Self-Advocacy Coalition.

OBJECTIVE #8: Participate in program performance reviews conducted by the Administration on Developmental Disabilities.

Description: The Arizona Center for Disability Law is subject to periodic federal program audits by the United States Department of Health and Human Services, Administration on Developmental Disabilities. These audits evaluates the work of the P&A and examines compliance and performance of our federally funded program.

1. Participate in the Monitoring and Technical Assistance Review System (MTARS).

2. Participate in any other evaluation as required by ADD.

Protection and Advocacy for Individual Rights - PAIR

The Protection and Advocacy for Individual Rights (PAIR) program was established by Congress as a national program under the Rehabilitation Act of 1993. PAIR programs were established to protect and advocate for the legal and human rights of persons with disabilities not served by the Protection and Advocacy for Persons with Developmental Disabilities (PADD) or the Protection and Advocacy for Individuals with Mental Illness (PAIMI) programs. The Office of Special Education and Rehabilitative Services (OSERS), Rehabilitation Services Administration administers the PAIR program.

The following objectives and priorities will be followed by the Center in conducting our PAIR activities during fiscal year 2008.

OBJECTIVE #1: Increase access by persons with disabilities to services, programs, and facilities open to the public.

Description: Ensure that places of public accommodation, including state and local governmental entities, not refuse services or treatment on the basis of disability, that auxiliary aids and services are provided when needed for effective communication, and governmental entities and public accommodations remove physical barriers to accessibility and make reasonable modifications in policies to avoid discrimination.

Priorities:

1. Provide advocacy and legal services to individuals with disabilities who want to challenge discrimination by places of public accommodations who refuse to serve or treat them based on their disability or refuse to provide auxiliary aids when seeking treatment.

2. Litigate selected cases which present systemic issues and where litigation promises to be far‑reaching and have high‑impact.

3. Provide advocacy and legal services to advocate for removal of physical barriers to accessibility, reasonable modifications in policies when necessary to avoid discrimination, and provision of auxiliary aids and services to ensure effective communication with individuals with hearing and/or visual impairments pursuant to case selection criteria.

4. Monitor public transportation and paratransit service to ensure that it remains accessible and reliable to people with disabilities.